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S.E.C. Settles Insider Trading Case Against Hong Kong Firm

Federal securities regulators on Thursday settled an insider trading case against an investment firm controlled by prominent Hong Kong businessman.

The Securities and Exchange Commission announced that Well Advantage, a firm based in Hong Kong that is run by Zhang Zhi Rong, agreed to pay more than $14 million related to accusations that it illegally traded in the shares of the Canadian oil producer Nexen in advance of the announcement that it was being acquired by China National Offshore Oil Corporation, or Cnooc.

Mr. Zhang is a Chinese billionaire businessmen who, in addition to controlling Well Advantage, also controlled another company that had a close relationship with Cnooc, the S.E.C. said. Regulators accused Well Advantage of having advance knowledge of the Cnooc-Nexen deal.

In July, the S.E.C. had moved to freeze the assets of Well Advantage, accusing it of buying more than 830,000 shares of Nexen in the days leading up to the announcement that C nooc was buying it for $15 billion. When the deal was announced, Nexen shares spiked 60 percent, allowing the Well Advantage to earn more than $7 million in illegal profits. The total $14 million payment to the S.E.C. is double the amount of illicit gains.

“The speedy resolution of this case shows the serious consequences that await traders who engage in insider trading,” said Sanjay Wadhwa, the deputy chief of the S.E.C.'s enforcement division's market abuse unit.

Alan J. Brudner, a lawyer representing Well Advantage, declined to comment on the settlement, which is still subject to a federal judge's approval.

Mr. Zhang is worth $1.7 billion, according to Forbes magazine. He controls a variety of holdings, including the shipbuilding concern China Rongsheng Heavy Industry and a real estate company, Glorious Property.



More Advice on Home Data Storage

In my Times column Thursday, I wrote about the Drobo, a consumer version of the RAID storage units that are popular in corporate IT departments.

The Drobo's “Beyond RAID” technology gives you a lot more flexibility than regular RAID systems. Most of those require you to install multiple drives of the same type, speed and capacity. Most of those require reformatting and recopying if one of the drives fails. Most of those require serious technical skills to work.

The Drobo, by contrast, is far more flexible and almost automatic.

Some of the reader feedback includes good questions - and a further education on what RAID is and isn't; I thought I'd share the best of i t here.

Q: What about online back-up services like Mozy and Carbonite? Those seem like better solutions, since they're not subject to risk of fire or theft from your office.

A: The big difference is that a Drobo isn't just a backup system; it's a storage system. It's connected to your computer like a huge, huge hard drive, so you can can actually use your data: open and save files, edit videos and so on. Online services are strictly for file recovery.

Online services also require a monthly fee forever-$6 to $12 a month. And should the worst come to pass, it can take days or weeks to download your files again.

That's not to knock online backup services; they're great for a lot of people. They're just not the same thing.

Q: You did a good job educating people on the different connection types (Thunderbolt, USB 3, and so on) and hard drive types (hard drive, SSD). But you might as well take the next step and explain some differences in classes of hard drives.
You mention that a 2-terrabyte drive can be purchased for $110, but that is likely one of the green models from WD or Seagate. If you're going to drop the cash on something like a Drobo for a real backup solution, you should go up to a longer lasting, server-grade drive (WD Red, WD RE series, Seagate Constellation). At 1TB for $90, 2TB at $160, you will get lower power consumption, lower temperatures, higher MTBF (mean time between failures), and a 3-year warranty for drives designed for 24 x 7 operation.

A: Fantastic suggestion.

Q: I am sure you are already getting many e-mails like this one. A RAID system is not a backup solution, per se. If you overwrite or change a file, it automatically gets changed on the RAID drives. A bad, deleted, or corrupted files get replicated across the RAID system. There is no way to restore an old file without a separate backup solution.

A: Weird. In my terminology, a “backup” is a duplicate of your fi les - I didn't know that it implied “versioning” (rewinding a file to an earlier state). Maybe that's the techie's use of the term?

In any case, the Drobo does work with, for example, the Time Machine feature of a Mac, which offers versioning.
(Just a note about that, though: Time Machine likes to have a whole hard drive to itself. So using Time Machine with the Drobo requires extra setup steps and less convenience; details are here.)

Q: Your article erroneously refers to RAID as a backup device. If your offices burn down in a fire, drown in a flood, or get robbed by a thief, you lose all your data.

A: Good point. Or, as I wrote in the column, “Any storage or backup that's right there in your home or office is vulnerable to fire, flood or thieves.”
If you're really serious, you'll back up your backup with online storage.

Q: Last year, I got fed up with adding yet another hard drive, and looked into different systems. I researched t he NAS (network-attached storage) world and found a company called Synology.

It's an even more versatile option for most families, with a very simple Mac or PC setup. I can access all my files over the Internet, adding a VPN feature to encrypt my communication while at a public hotspot. Not only do I have the drive redundancy, but I have my own personal cloud (they have even added a Dropbox-like sync feature, although it's still too buggy to be reliable).

A: Several readers mentioned Synology. Several also recommended the Promise Pegasus RAID systems, which are also expensive but also offer Thunderbolt connections.

Thanks, readers, for the fascinating instruction in the finer points of RAID. The biggest lesson of all, though, is that in this age of ballooning photo, music and video collections, hard-core, huge-capacity storage is no longer a subject only for corporate network administrators. Normal people should start tuning in, too.



When Wall Street Firms Change Risk Models

Morgan Stanley reported upbeat third-quarter earnings on Thursday. But its numbers provide a lesson in why it's sometimes necessary to journey down rabbit holes to understand complex Wall Street firms.

The issue has to do with something called “value at risk.” This is an industry term for one type of stress tests that Wall Street banks perform on their assets. These tests estimate how much money a bank could lose under adverse market conditions. Value-at-risk tests are hardly fail-safe. They didn't predict the scale of losses that occurred during the financial crisis. And changes to a value-at-risk model helped cause JPMorgan Chase's multibillion-dollar losses on derivatives earlier this year.

Morgan Stanley said on Thursday that it had changed its value at risk model. Like JPMorgan, it changed the model to comply with new international regulations that American banks must abide by. Notably, the effect of the change was to reduce the estimated amounts that Morgan Stanley could lose in one day in plummeting markets. Under the new methodology, Morgan Stanley's bond traders might lose $53 million. Under the old, it was $76 million.

One temptation is to ignore value at risk altogether because it comes from a black box and has proved of little worth when times get tough. But that might be mistake. Value at risk measurements play a key role in setting capital, which is the financial buffer that banks hold to absorb any potential losses.

Since the financial crisis, regulators have forced capital higher and introduced changes to make capital more resilient. Banks themselves know they need capital. On the other hand, they are tempted to hold less, because setting money aside to absorb losses can reduce the funds they have to make bets. Naturally, then, banks will look for inexpensive ways of boosting capital ratios.

Value at risk may provide that opportunity. Lower loss estimates from value at risk can give a boost t o capital ratios, without anything else changing.

Indeed, on Thursday, Ruth Porat, Morgan Stanley's chief financial officer, said that the value at risk changes had given a capital ratio a “modest benefit.” The new model places more emphasis on market movements toward the end of the four-year period it measures. Right now, that leads to lower loss estimates because it ends up putting less emphasis on the 2008 financial crisis and the two turbulent years that followed.

Morgan Stanley said that its regulators had approved the model changes for use in its capital calculations. Goldman Sachs has yet to give out new value at risk loss estimates.

This area could yet spring some nasty surprises. Believe it or not, the new regulations actually demand that banks start doing an additional, more stringent value-at-risk test. This is known as “stressed V.A.R.” European banks have started to report these “stressed” results â€" and they are far higher than re gular value-at-risk readings. In all likelihood,American banks will also have to do this in the first quarter of next year.

In an interview, Ms. Porat said that Morgan Stanley is already using the “stressed” value at risk to help calculate capital requirements. That implies there will be no unpleasant surprises early next year when the stressed approach becomes mandatory. But nothing down the rabbit hole is certain



Sneak Peeks Into New Book on Goldman Sachs

The book by Greg Smith, a former employee of Goldman Sachs, isn't scheduled to be released until Monday. But some details are already coming to light.

For instance, Mr. Smith says that last year Goldman encouraged clients to buy and sell stock options on major European banks like BNP Paribas and UniCredit, according to reports in Politico and Bloomberg News. Those banks were beset by the Continent's debt crisis at the time.

“We must have changed our view on each of these institutions from positive to negative back to positive ten times,” the former employee writes in the book, according to those reports. “I remember thinking, ‘How can we be doing this with a straight face? No thinking client could believe that conditions on the ground could change that frequently.”

The first chapter of Mr. Smith's book, “Why I Left Goldman Sachs: A Wall Street Story,” was described by DealBook's Susanne Craig earlier this week. That chapter didn't offer a clear sense of what negative details the other pages might contain. An anecdote in the chapter about a Cheddar cheese sandwich prompted some joking online.

The rest of the book “doesn't appear to contain any blockbuster revelations about Goldman's business practices that could get the firm in trouble with regulators,” Politico says. “The stories of hard partying likely will not surprise many.”

Politico says Mr. Smith describes a colleague's bachelor party in Las Vegas, where there was drinking and gambling and a scene with a topless woman. Mr. Smith is also said to talk about his compensation. “By any measure, I should have felt exceptionally lucky and grateful,” he says, according to the reports. “But by the warped logic of Goldman Sachs and Wall Street, I was being [taken advantage of].”

The book apparently elaborates on claims Mr. Smith made in his initial op-ed article in The New York Times, in which he said Goldman employees referred d erisively to clients as “muppets.”

But Goldman has challenged Mr. Smith's portrayal of the firm.

“We take any issues raised by our employees seriously,” Andrew Williams, a Goldman spokesman, said in an e-mail. “In this case, we conducted a detailed review of Mr. Smith's claims, found no evidence to support them, and found nothing to suggest that he raised these issues before he was already heading out the door.”

Goldman's chief executive, Lloyd C. Blankfein, told CNBC last week that he was “not looking forward to the hoopla” around the book.



Review of Hertz-Dollar Thrifty Deal Is Extended

PARK RIDGE, N.J., Oct. 18, 2012 /PRNewswire/ -- Hertz Global Holdings, Inc. (NYSE: HTZ) today announced that, in connection with its previously announced cash tender offer to purchase all outstanding shares of common stock of Dollar Thrifty Automotive Group, Inc. (NYSE: DTG) for $87.50 per share, Hertz has agreed to extend the term of its timing agreement with the Federal Trade Commission (FTC) until 11:59 p.m. on November 16, 2012.

(Logo: http://photos.prnewswire.com/prnh/20121005/NY87355LOGO)

As previously announced, Hertz and the FTC staff entered into a timing agreement whereby Hertz would not close the transaction prior to 11:59 p.m. on October 31, 2012 without the prior agreement of the FTC.  The FTC has not completed its review of the information provided by Hertz and Dollar Thrifty and has requested an extension of time to review the transaction beyond October 31, 2012.  Accordingly, Hertz has agreed to extend the term of the timing agreement and Hertz and Dollar Thrifty will not close the transaction prior to 11:59 p.m. on November 16, 2012 without the prior agreement of the FTC.

Hertz and Dollar Thrifty will continue to assist the FTC in its review of the relevant information and are continuing to work with the FTC to address matters raised by the Commissioners and the staff.  There can be no assurance as to what actions the FTC may take in connection with the proposed acquisition.  There can also be no assurance as to whether the FTC will consent to any request to close the transaction before November 16, 2012.

On October 17, 2012 an article in dealREPORTER attributed certain statements to Richard Broome, a spokesperson for Hertz.  Those statements, other than Mr. Broome's statement regarding a scheduled deposition with the FTC, were not made by Mr. Broome and should not be relied upon. 

Hertz Contact Information:

Investors
Leslie Hunziker
Staff Vice President - Investor Relations
Tel: 201-307-2337
E-mail: lhunziker@hertz.com

Media
Richard Broome
Senior Vice President - Corporate Affairs & Communications
Tel: 201-307-2486
E-mail: rbroome@hertz.com

Steven Lipin / Jayne Rosefield
Brunswick Group
Tel: 212-333-3810

About Hertz Global Holdings, Inc.

Hertz is the largest worldwide airport general use car rental brand, operating from approximately 8,760 corporate and licensee locations in approximately 150 countries in North America, Europe, Latin America, Asia, Australia, Africa, the Middle East and New Zealand. Hertz is the number one airport car rental brand in the U.S. and at 119 major airports in Europe. In addition, the Company has sales and marketing centers in 60 countries which promote Hertz business both within and outside such country. Product and service initiatives such as Hertz Gold Choice, Hertz #1 Club Gold®, NeverLost® customiz ed, onboard navigation systems, Sirius XM Satellite Radio, and unique cars and SUVs offered through the Company's Adrenaline, Prestige and Green Traveler Collections, set Hertz apart from the competition. In 2008, the Company entered the global car sharing market with its service now referred to as Hertz On Demand which rents cars by the hour and/or by the day, at various locations in the U.S., Canada and Europe. Hertz also operates one of the world's largest equipment rental businesses, Hertz Equipment Rental Corporation, offering a diverse line of rental equipment, from small tools and supplies to earthmoving equipment, as well as new and used equipment for sale, to customers ranging from major industrial companies to local contractors and consumers, from approximately 330 branches in the United States, Canada, China< /span>, France, Spain and Saudi Arabia, as well as through its international licensees. Hertz also owns Donlen Corporation, based in Northbrook, Illinois, which is a leader in providing fleet leasing and management services.

About Dollar Thrifty Automotive Group, Inc.

Through its Dollar Rent A Car and Thrifty Car Rental brands, the Company has been serving value-conscious leisure and business travelers since 1950.  The Company maintains a strong presence in domestic leisure travel in virtually all of the top U.S. and Canadian airport markets, and also derives a significant portion of its revenue from international travelers to the U.S. under contracts with various international tour operators.  Dollar and Thrifty have approximately 280 corporate locations in the United States and Canada, with approximately 5,800 employees located mainly in North America.  In addition to its corporate operations, the Company maintains global service capabilities through an expansive franchise network of approximately 1,300 franchise locations in 82 countries.  For additional information, visit www.dtag. com or the brand sites at www.dollar.com and www.thrifty.com.

Cautionary Note Concerning Forward-Looking Statements

This communication contains "forward-looking statements". Examples of forward-looking statements include information concerning Hertz's outlook, anticipated revenues and results of operations, as well as any other statement that does not directly relate to any historical or current fact. These forward-looking statements often include words such as "believe," "expect," "project," "anticipate," "intend," "plan," "estimate," "seek," "will," "may," "would," "should," "could," "forecasts" or similar expressions. These statements are based on certain assumptions that Hertz has made in light of its experience in the industry as well as its perceptions of historical trends, current conditions, expected future developments and other factors that Hertz believes are appropriate in these circumstances. We believe these judgments are reasonable, but you should understand that these statements are not gu arantees of performance or results, and our actual results could differ materially from those expressed in the forward-looking statements due to a variety of important factors, both positive and negative.

Among other items, such factors could include: our ability to obtain regulatory approval for and to consummate an acquisition of Dollar Thrifty; the risk that expected synergies, operational efficiencies and cost savings from a Dollar Thrifty acquisition may not be fully realized or realized within the expected time frame; the risk that unexpected costs will be incurred in connection with the proposed Dollar Thrifty transaction; the retention of certain key employees of Dollar Thrifty may be difficult; the operational and profitability impact of divestitures required to be undertaken to secure regulatory approval for an acquisition of Dollar Thrifty; levels of travel demand, particularly with respect to airline passenger traffic in the United States and in global markets; significant changes in the competitive environment, including as a result of industry c onsolidation, and the effect of competition in our markets, including on our pricing policies or use of incentives; occurrences that disrupt rental activity during our peak periods; our ability to achieve cost savings and efficiencies and realize opportunities to increase productivity and profitability; an increase in our fleet costs as a result of an increase in the cost of new vehicles and/or a decrease in the price at which we dispose of used vehicles either in the used vehicle market or under repurchase or guaranteed depreciation programs; our ability to accurately estimate future levels of rental activity and adjust the size of our fleet accordingly; our ability to maintain sufficient liquidity and the availability to us of additional or continued sources of financing for our revenue earning equipment and to refinance our existing indebtedness; safety recalls by the manufacturers of our vehicles and equipment; a major disruption in our communication or centralized infor mation networks; financial instability of the manufacturers of our vehicles and equipment; any impact on us from the actions of our licensees, franchisees, dealers and independent contractors; our ability to maintain profitability during adverse economic cycles and unfavorable external events (including war, terrorist acts, natural disasters and epidemic disease); shortages of fuel and increases or volatility in fuel costs; our ability to successfully integrate acquisitions and complete dispositions; our ability to maintain favorable brand recognition; costs and risks associated with litigation; risks related to our indebtedness, including our substantial amount of debt and our ability to incur substantially more debt and increases in interest rates or in our borrowing margins; our ability to meet the financial and other covenants contained in our senior credit facilities, our outstanding unsecured senior notes and certain asset-backed and asset-based funding arrangements; c hanges in accounting principles, or their application or interpretation, and our ability to make accurate estimates and the assumptions underlying the estimates, which could have an effect on earnings; changes in the existing, or the adoption of new laws, regulations, policies or other activities of governments, agencies and similar organizations where such actions may affect our operations, the cost thereof or applicable tax rates; changes to our senior management team; the effect of tangible and intangible asset impairment charges; the impact of our derivative instruments, which can be affected by fluctuations in interest rates and commodity prices; and our exposure to fluctuations in foreign exchange rates. Additional information concerning these and other factors can be found in our filings and Dollar Thrifty's filings with the Securities and Exchange Commission, including our and Dollar Thrifty's most recent Annual Reports on Form 10-K, Quarterly Reports on Form 10-Q an d Current Reports on Form 8-K.

Hertz therefore cautions you against relying on these forward-looking statements. All forward-looking statements attributable to Hertz or persons acting on its behalf are expressly qualified in their entirety by the foregoing cautionary statements. All such statements speak only as of the date made, and Hertz undertakes no obligation to update or revise publicly any forward-looking statements, whether as a result of new information, future events or otherwise.

Additional Information

On September 10, 2012, Hertz filed with the United States Securities and Exchange Commission (the "SEC") a tender offer statement on Schedule TO and Dollar Thrifty filed with the SEC a Solicitation/Recommendation Statement on Schedule 14D-9 ("Schedule 14D-9") regarding the tender offer described herein.  Investors and security holders of Dollar Thrifty are strongly advised to read the tender offer statement (as updated and amended) filed by Hertz and the Schedule 14D-9 (as updated and amended) filed by Dollar

Thrifty with the SEC, because each contains important information that Dollar Thrifty's stockholders should consider before tendering their shares.  The tender offer statement and other documents filed by Hertz with the SEC are available for free at the SEC's web site (http://www.sec.gov).  Copies of Hertz's filings with the SEC may be obtained at the SEC's web site (http://www.sec.gov) or by directing a request to Hertz at (201) 307-2100.  Copies of Dollar Thrifty's filings with the SEC are available free of charge on Dollar Thrifty's website at www.dtag.com or by contacting Dollar Thrifty's Investor Relations Department at 918-669-2236.

SOURCE Hertz Global Holdings, Inc.



Deal Set to Help Sprint Overhaul Its Network

DEAL GIVES SPRINT A MAJORITY STAKE IN CLEARWIRE  |  DealBook's Michael J. de la Merced reports: “Sprint Nextel has secured control of Clearwire, the wireless network operator that holds valuable spectrum, according to a regulatory filing on Thursday. The filing shows that Sprint agreed on Wednesday to acquire the interests in Clearwire held by Craig O. McCaw's Eagle River Holdings. The transfer of Class A shares and Class B interests gives Sprint a majority stake of 50.8 percent of Clearwire.”

 

A DEAL FOR TNK-BP?  |  BP is poised to exit its joint venture in Russia. DealBook reports: “The Russian state-owned oil company Rosneft is near a deal to buy a 50 percent stake in TNK-BP, Russia's third-largest oil company, from the British energy giant BP, a person with dir ect knowledge of the matter said on Thursday.” The cash-and-stock deal could be worth up to $28 billion, according to DealBook. The growing sway of Rosneft may be inevitable, writes The Wall Street Journal's Heard on the Street column: “BP can put a brave face on the situation. But in Russia, there's usually only one winner.”

 

MORGAN STANLEY SHOWS STRENGTH  |  Morgan Stanley announced solid results on Thursday, reporting adjusted third-quarter earnings of $561 million. The firm's adjusted per share profit of 28 cents a share was 4 cents ahead of what analysts were expecting. Before adjustments, Morgan Stanley lost $1.01 billion, or 55 cents a share, in the quarter. (The conference call to discuss the results is at 10 a.m. Dial 1-877-895-9527 to listen in the United States, with the passcode 75875470.)

 

CITIGRO UP'S HANDS-ON CHAIRMAN  |  Michael E. O'Neill is shaking up what it means to be a chairman on Wall Street. At Citigroup, he does not have an executive role, putting him in a minority. That helped him take a critical look at the bank and fueled tension with Vikram S. Pandit, ultimately leading the board to ask for the chief executive's resignation, Susanne Craig and Jessica Silver-Greenberg write in DealBook. “There is a difference between assessing and running a place,” Mr. O'Neill said. “If you spot an issue you bring it up. What you don't do is effect the change. You simply advise.”

The bank's new chief executive, Michael L. Corbat, is facing pressure to prove himself. Mr. Corbat tried to reassure Citigroup's senior bankers in a conference call on Wednesday, saying, according to The Financial Times, “I know that yesterday's news came as a surprise probably to many of you. Successions are not easy. But I know we can hand le this.” Mr. Corbat also sent a memorandum to managing directors, naming the interim successor for his previous job. But one unidentified senior banker told The Financial Times: “The sense of calamity has yet again returned to Citi.”

There was buzz about Citi's new leader at an industry event on Tuesday, the 10th-annual Most Powerful Women in Banking gala, which Michael Corbat had been invited to attend. “He would have been here,” said Deborah McWhinney, Citigroup's chief operating officer of global enterprise payments who had invited Mr. Corbat as her guest. Another honoree at Tuesday's gala, Kelly Mathieson, a managing director at JPMorgan Chase, said her “jaw literally dropped” when she read the Citigroup news that morning.

 

ON THE AGENDA  |  Several big companies are reporting earnings on Thursday, but DealBook will be paying particularly close attenti on to the evening announcement from Chipotle Mexican Grill, which David Einhorn recently singled out as his latest short. Companies reporting before the opening bell include the Blackstone Group, Verizon and Southwest Air. After the market closes, Capital One, Google and Microsoft are set to announce results. Jacob A. Frenkel, chairman of JPMorgan Chase International and a former governor of the Bank of Israel, is on Bloomberg TV at 8 a.m. Gus Sauter, chief investment officer at the Vanguard Group, is on CNBC at 12:30 p.m. Martin Sorrell, chief of the advertising giant WPP, is on CNBC at 12:45 p.m. The Philadelphia Fed is releasing its business outlook survey at 10 a.m.

 

STAR TRADER CALLS IT QUITS  |  Greg Coffey, a hedge fund manager at Moore Capital, was once thought to be the heir apparent to take over the firm. But he has now decided to leave the industry to spend more tim e with his family. DealBook's Azam Ahmed writes that the move highlighted “the unattractive nature of markets these days to those who can afford to walk away.” Mr. Coffey also “joins a long line of investors who have given up managing hedge funds in the last few years, including George Soros, Carl Icahn, Stanley Druckenmiller, John Arnold of Centaurus and Mark Rokos of Brevan Howard.”

 

 

 

Mergers & Acquisitions '

Haier's Increased Offer Wins Fisher & Paykel  |  The Chinese consumer appliance maker Haier won support on Thursday from shareholders and directors of Fisher & Paykel of New Zealand with an improved offer worth $762 million. DealBook '

 

ING Said to Be Near Agre ement for Asian Units  |  The Dutch firm is close to an agreement to sell insurance units in Hong Kong and Thailand for about $2.2 billion to the mogul Richard Li, Bloomberg News reports. BLOOMBERG NEWS

 

CME to Acquire Wheat Exchange  |  The CME Group, owner of the Chicago Mercantile Exchange, the Chicago Board of Trade and the New York Mercantile Exchange, said on Wednesday that it had agreed to buy the Kansas City Board of Trade, the leading futures market for hard red winter wheat, for $126 million in cash. DealBook '

 

I.B.M. Said to Be in Talks to Buy Israeli Mobile Software Company  | 
REUTERS

 

INVESTMENT BANKING '

Crumbling Deal Exposes Clash of Wealthy Family Dynasties  |  A powerful family in Indonesia appears to have outmaneuvered the British financier Nathaniel Rothschild in a battle for control of the coal mining giant Bumi. DealBook '

 

With Flat Profit, Greenhill Misses Earnings Estimates  |  The continued doldrums in the world of mergers and acquisitions weighed on the investment bank Greenhill & Company's third quarter, as its profit missed analysts' earnings estimates. DealBook '

 

American Express Posts Slight Rise in Profit  |  The company was affected by slowing growth in credit card spending. BLOOMBERG NEWS

 

Wealthy Families Increase Direct Investments  |  Some family offices are turning away from outside managers who “charge high fees and may have conflicts of interest,” according to a new study by the Wharton Global Family Alliance, Bloomberg News reports. BLOOMBERG NEWS

 

PRIVATE EQUITY '

K.K.R. and Sealy Directors Sued by Investors  |  The lawsuit charges that K.K.R. and Sealy shortchanged investors in a deal with a rival mattress maker, Tempur-Pedic, Bloomberg News reports. BLOOMBERG NEWS

 

Buyout Firms in Europe Look at Opportunities They Once Shunned  | 
REUTERS

 

Long Road Ahead for Apollo and Oaktree in Nine Entertainment  | 
BLOOMBERG NEWS

 

A New Sovereign Wealth Fund in Africa  |  The government of Angola announced the creation of a new fund, with start-up capital of $5 billion, that would invest oil revenue in businesses, The New York Times reports. NEW YORK TIMES

 

HEDGE FUNDS '

Customer Outflows Swell at Man Group  |  Clients continue to pull money out of the Man Group, the world's largest publicly traded hedge fund, as outflows rose almost 60 percent, to $2.2 billion, in the third quarter. DealBook '

 

London Hedge Fund Falls on Hard Times  |  Edoma Partners, a firm founded by a former Goldman Sachs trader, Pierre-Henri Flamand, has lost about half of its assets over the past year, according to Bloomberg News. Now, two partners are said to be leaving. BLOOMBERG NEWS

 

Och-Ziff Looking to Exit Housing Bets  |  Reuters reports: “One of the first big hedge funds to try to profit from a rebound in the U.S. housing market by investing in foreclosed homes is looking to cash out, even as other institutional investors are still getting in.” REUTERS

 

S.E.C. Accuses Hedge Fund of Lying About Performance  |  The agency said that Yorkville Advisors, a fund based in New Jersey, lied to its investors about its performance and asset values in order to earn higher fees. DealBook '

 

I.P.O./OFFERINGS '

In London, Tech I.P.O.'s Hindered by Limited Time  |  When technology companies pitch their I.P.O.'s, “investors in London are often forced to make a decision after just an hour or two with bankers and analysts, industry observers say,” The Financial Times writes. That limitation, the newspaper says, “has been a major factor in the drop-off in tech listings in London.” FINANCIAL TIMES

 

Hudson's Bay, Owner of Lord & Taylor, F iles for I.P.O.  | 
WALL STREET JOURNAL

 

Yelp Steps Up Policing of Its Reviews System  |  Yelp “set up a sting operation” to catch companies that tried to buy favorable reviews, The New York Times reports. NEW YORK TIMES

 

VENTURE CAPITAL '

An Australian Firm Is Active in American Start-Ups  |  The Australian private equity firm QIC has a venture capital arm that, according to the firm, has exposure to Workday and other young companies, The Wall Street Journal reports. WALL STREET JOURNAL

 

Manager of Google Ventures Talks Shop  |  Bill Maris, who runs Google's venture capital arm, told The Wall Street Journal that the sagging stock prices of newly public companies like Facebook, Groupon and Zynga were “interesting to observe, but it doesn't affect our business at all.” WALL STREET JOURNAL

 

LEGAL/REGULATORY '

Push for Leniency as a Former Goldman Director Faces Sentencing  |  Rajat K. Gupta's lawyer asks that he be sent to Rwanda to work on humanitarian causes. India Ink '

 

S.E.C. Names Leader for New York Office  |  The Securities and Exchange Commission appointed Andrew M. Calamari to lead its New York office, a hub for many of the agency's biggest Wal l Street enforcement cases. DealBook '

 

Regulators Propose Capital Rules for Derivatives Trading  |  Firms like Goldman Sachs and JPMorgan Chase would have to bolster their capital cushion and post additional collateral for certain derivatives trades under the new plan proposed by the Securities and Exchange Commission. DealBook '

 

Testifying in Britain, Volcker Questions Bank InnovationTestifying in Britain, Volcker Questions Bank Innovation  |  A parliamentary commission investigating recent banking scandals in Britain heard testimony from Paul A. Volcker, who pu shed for tighter banking rules. DealBook '

 

The Right Way to Increase Taxes  |  Broadening the tax base is a better way to address inequality than increasing marginal tax rates, writes Victor Fleischer in the Standard Deduction column. DealBook '

 

Why the F.D.I.C.'s Approach to Financial Failures Makes Sense  |  The Federal Deposit Insurance Corporation's “single receivership” approach offers a better way to avoid an uncoordinated and destabilizing series of insolvencies for systemically important financial institutions, writes Michael H. Krimminger, a partner at Cleary Gottlieb Steen & Hamilton and a former general counsel of the F.D.I.C. DealBook '

 



Hawker Beechcraft Says Deal Talks Ended

Hawker Beechcraft, the business jet maker, said on Thursday that takeover talks with the Superior Aviation Beijing Company had collapsed and that it would instead seek to emerge from bankruptcy as a stand-alone company.

Superior Aviation, led by the industrialist Shenzong Cheng, who is known as the “Helicopter King of China,” according to The Associated Press, had reached an agreement in July to acquire Hawker for $1.79 billion.

In a statement on Thursday, Robert S. Miller, the chief executive of Hawker, said: “We made the decision to proceed with the stand-alone plan of reorganization after determining that, despite our best efforts, the proposed transaction with Superior could not be completed on terms acceptable to the company. We are disappointed that the transaction did not come to fruition, but we protected ourselves by obtaining a $50 million deposit from Superior that is now fully nonrefundable and property of the company.”

Hawker said t he company that emerges from bankruptcy would focus on its most profitable products - turboprop, piston, special mission and trainer/attack aircraft - as well as on its high-margin parts, maintenance, repairs and refurbishment businesses. The company will be renamed the Beechcraft Corporation.

Hawker Beechcraft was formed in 2007 when Goldman Sachs and the Canadian private equity firm Onex bought Raytheon's private jet unit for $3.3 billion. The company filed for Chapter 11 bankruptcy protection in May.



Barclays Sets Aside $1.1 Billion More for Insurance Claims

LONDON â€" The British bank Barclays said on Thursday that it had set aside an additional £700 million ($1.1 billion) related to the inappropriate sales of insurance to British customers.

Barclays, which agreed to a $450 million settlement with British and American authorities in June in connection with a rate-rigging scandal, had already made provisions of £1.3 billion to compensate clients who were sold insurance that covered them if they were laid off or became ill.

The bank said it was setting aside the extra money after receiving more claims during the first half of the year than it had expected against the so-called payment protection insurance. Barclays is to announce its third quarter results on Oct. 31.

Together, a number of other banks, including the Royal Bank of Scotland and HSBC, have set aside billions of dollars to compensate customers who were inappropriately sold the insurance.

In the wake of a number of banking scandal s, British politicians are examining ways to improve the culture inside the country's financial services sector. A parliamentary commission is expected to offer suggestions for new legislation by the end of the year.



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Orient-Express Hotels Gets Buyout Offer

Shares of Orient-Express Hotels surged in trading on Thursday after the hotel arm of the Tata conglomerate of India made an offer for the rest of the company that it did not already own.

Orient-Express, based in Bermuda, is an owner, manager and investor in luxury hotels, tourist trains, river cruises and restaurants â€" including the 21 Club in Manhattan. It operates in 23 countries.

The bidder, the Indian Hotels Company, currently has a 6.9 percent stake in Orient-Express. The offer of $12.63 a share in cash represents a premium of 40 percent to the closing price of Orient-Express on Wednesday, and a premium of 45.2 percent to its 10-trading-day average. Indian Hotels said it would finance the buyout through a combination of borrowing and equity.

On Thursday, the stock price of Orient-Express jumped as much 38 percent, its sharpest intraday rise since the shares started trading on the New York Stock Exchange in 2000, according to Bloomberg News. By mi dday, the shares retreated a bit and were trading at $11.57, up more than 28 percent. With the gains, the market value of Orient-Express was $1.5 billion.

In a letter to Philip R. Mengel, the chief executive of Orient-Express, a director of Indian Hotels, R.K. Krishna Kumar, wrote: “While we are disappointed that your board of directors has indicated they would not be interested in exploring a transaction involving a significant equity investment by I.H.C.L., we continue to believe that a transaction between the two organizations is both financially and strategically compelling to our respective shareholders.”

Indian Hotels had earlier made an overture to Orient-Express, in 2007, that was rebuffed. The luxury-hotel chain, popularly known as the Taj Group, is controlled by Tata Sons, India's largest business conglomerate. In recent years, its executives have sought to expand the company abroad primarily by buying, leasing or signing management contracts for marque hotels like the Pierre in New York, the Ritz Carlton in Boston and Compton Place in San Francisco.

Corporate legend has it that Jamsetji N. Tata built the first Taj hotel in Mumbai in 1903 because he was frustrated that he and other Indians were not allowed to enter British-only luxury hotels of the time. The company now has nearly 100 hotels in India, the United States, Australia and elsewhere.

Bank of America Merrill Lynch and the law firm Shearman & Sterling are advising Indian Hotels.

Vikas Bajaj contributed reporting



Blackstone Swings to Profit of $622 Million in 3rd Quarter

If the Blackstone Group‘s third-quarter results can serve as a reasonable proxy for the private equity industry, then its brethren will have a lot of good news to share with investors.

Blackstone swung to a $621.8 million gain for the quarter from a loss in the period a year earlier, as the firm benefited from a sharp increase in the value of its holdings. And its assets under management swelled to over $205 billion, setting a record for the 27-year-old investment house.

That profit amounted to 55 cents a stock unit, surpassing the average analyst estimate of 41 cents, according to Standard & Poor's Capital IQ.

Like many private equity firms, Blackstone reports its profit as economic net income, which factors in gains from unrealized investments.

“In the third quarter, Blackstone continued doing what we've been doing for 27 years â€" generating compelling returns for our limited partner investors across our diversified platform,” Stephen A. S chwarzman, the firm's chairman and chief executive, said in a statement. “Our investors clearly trust Blackstone to manage their capital and provide solutions to their unique needs, and we've continued to capture market share as a result.”

All of Blackstone's investment businesses benefited from stronger performance fees. Both the private equity and real estate divisions swung to positive revenue results, while the firm's hedge fund unit more than doubled revenue. Its credit unit posted a fifteen-fold gain in revenue.

Only the deal advisory unit, the firm's oldest division, posted a drop in revenue, as deal closings were delayed.

While executives appeared over the moon with the results, at least one was considerably less pleased with the firm's most recent legal battle. Blackstone is one of several private equity shops that is accused of colluding with rivals to essentially reduce competition for potential takeovers.

Hamilton James, Blackstone's p resident, dismissed such claims as “a complete fabrication and a bunch of malarky” on a call with reporters, according to media reports.



Lord & Taylor Parent Moves Toward an I.P.O.

OTTAWA - The Hudson's Bay Company, which was founded in 1670, making it Canada's oldest corporation, has filed a preliminary prospectus in preparation for a return to the Toronto Stock Exchange.

Hudson's Bay, which also includes the Lord & Taylor chain in the United States, is making the move as it faces increased competition from American retailers in its home market. At the low end of its market, Target is now renovating outlets of a former discount chain it acquired from Hudson's Bay for about $1.8 billion last year. At the other extreme, Nordstrom recently announced plans to open its first stores in Canada.

The prospectus for an initial public offering offered no information about how much of the company will be made available to investors or the share value. The Globe and Mail, citing unnamed sources, said that the share offering will likely value the company at $2.6 billion.

Although Canada's comparatively robust economy makes it an increasingly att ractive market for American retailers, the prospectus show that Lord & Taylor is outperforming its Canadian parent company. Last year, Lord & Taylor had sales of $210 a square foot, compared with 133 Canadian dollars at Hudson's Bay. (Over the past few weeks, the Canadian dollar has been roughly at par, or worth just slightly more than, its American counterpart.)

Excluding discontinued operations, the company said in the prospectus that it produced net earnings of 57.3 million Canadian dollars on sales of 3.8 billion Canadian dollars last year.

Given the symbolic nature of the Hudson's Bay, which once controlled much of what is now Western Canada, there was some controversy in Canada when it was acquired by Jerry Zucker, a technology and textiles investor from North Charleston, S.C., in 2006. Mr. Zucker took the company private.

Following Mr. Zucker's death, Hudson's Bay remained under American control when it was purchased by Richard A. Baker, a real esta te investor from New York. Mr. Baker soon combined Hudson's Bay with Lord & Taylor which he had previously acquired and began investing on store improvements at both chains. Bonnie Brooks, a longtime Canadian department store retailer, became president of the combined company, which she operates from Hudson's Bay's flagship store in downtown Toronto.

In the prospectus, the company indicates that it will use some of the proceeds from the stock offering to pay down an undisclosed amount of debt.

The Canadian Press news agency reported that Ms. Brooks, who was in Vancouver, British Columbia for a store event, declined to say if proceeds from the stock offering will allow Hudson's Bay to expand its operations.

But she did dismiss concerns that Nordstrom and Target would grab significant portions of Hudson's Bay's business, arguing that there is little overlap between their businesses. That view is not shared by some analysts.

“We had a lot to do to get the company to a new level of standard so we're now in a position to bring a new level of presentation and new products now to a lot more of our stores,” she told the news agency.



Morgan Stanley Shows Strength in Quarter

Morgan Stanley, with solid performances in its major divisions - particularly in fixed income - on Thursday reported adjusted third-quarter earnings of $561 million.

This translates into an adjusted per share profit of 28 cents, 4 cents ahead of analysts' expectations, according to a survey by Thomson Reuters. Yet the firm's non-adjusted earnings, which include a one-time charge related to it credit spreads, turned this profit into a large loss of $1.01 billion, or 55 cents a share.

Morgan Stanley produced adjusted net revenue of $7.6 billion, or $5.3 billion when the one-time charge is backed out. Analysts typically look at the earnings without one-time charges.

“The rebound in fixed Income and commodities sales and trading indicates that clients have re-engaged after the uncertainty of the rating review in the previous quarter,” James P. Gorman, the firm's chief executive, said in a statement. “We are beginning to unlock the full potential of the global wealth management franchise, having increased our ownership of, and agreed on a purchase price for the rest of, Morgan Stanley Wealth Management.”

It's been a rocky few years for Morgan Stanley. Profits have been pinched across Wall Street since the financial crisis as regulators have forced all firms to lower the amount of borrowed money they use to fund their operations and post more capital against risky business, reducing profitability.

At the same time Morgan Stanley, because of past missteps and its relative size, has had a rough go of things with the rating agencies, increasing its cost of borrowing and forcing it to scale back in certain areas.



Customer Outflows Swell at Man Group

LONDON â€" Man Group, the world's largest publicly traded hedge fund, continues to see its clients pull money out of the firm, as customer outflows rose almost 60 percent, to $2.2 billion, in the third quarter of the year, the company said on Thursday.

Man Group said sales remained weak because of volatility caused by Europe's debt crisis and instability in the financial markets.

“Investor sentiment, and consequently the outlook for flows, continues to be subdued,” Man's chief executive, Peter Clarke, said in a statement. “The flow environment continues to be challenging and this was reflected in lower sales in the quarter.”

The firm's funds under management rose 14 percent, to $60 billion, in the third quarter after Man Group completed the acquisition of FRM Holdings Group, a rival hedge fund investment manager. The deal gave Man an additional $8.3 billion of funds under management.

The acquisition is the latest attempt by the London firm t o increase assets in its fund of funds business, which have dwindled as many investors have pulled their money from Man in recent months.

Net outflows in the third quarter reached $2.2 billion, compared to $1.4 billion in the three months through June 30. Man said the value of its fund had increased $500 million over period due to an improving market performance.

In an effort to improve profitability, the London-based hedge fund has announced plans to reduce costs by almost $200 million by the end of next year. Man also appointed Jonathan Sorrell, a former Goldman Sachs executive, as its new finance director.

Persistent concerns about the company's financial health, however, have weighed on Man's share price. The firm's stock has slid 33 percent so far this year.

In early afternoon trading in London on Thursday, Man's shares had fallen almost 9 percent.



BP Said to Sell Stake in TNK-BP to Rosneft

LONDON - The Russian state-owned oil company Rosneft is close to agreeing to buy a stake in TNK-BP, the country's third-largest oil company, from the British energy giant BP, a person with direct knowledge of the matter said on Thursday.

Under the terms of the proposed deal, Rosneft, which has close ties to Vladimir V. Putin of Russia, will offer a cash-and-stock deal on Thursday to acquire BP's 50 percent stake in TNK-BP, according to the person, who spoke on condition of anonymity because he was not authorized to speak publicly.

The deal could be worth up to $28 billion, though the person said the ongoing discussions might still not lead to a definitive deal.

BP's chief executive, Robert W. Dudley, is due to meet with his Rosneft counterpart, Igor Sechin, on Thursday, and the deal will be put to the British energy company's board on Friday, the person added.

Rosneft's move to acquire BP's stake in TNK-BP comes as the Russian energy company also is finalizing an agreement to buy the holdings of the four billionaires who own the remaining stakes in TNK-BP.

The two agreements could reshape the global oil sector by giving Rosneft control of a greater share of Russia's large energy reserves.

Mr. Putin has tried to reverse the privatizations of the country's energy industry since the fall of the Soviet Union, and Rosneft has benefited from close ties with the Russian president to become the country's largest oil company.

The proposed sale of its stake in TNK-BP follows months of discussions by BP as it looks to sell its ownsership in the profitable joint venture. For years, the British energy company has tried to extricate itself from the contentious business, which has been beset with infighting between BP and its Russian business partners.

Under a shareholder contract with BP, the Russian billionaires who own a stake in TNK-BP were not formally allow to agree to a sale of their holdings in the com pany until a grace period of obligatory good-faith negotiations with BP expired yesterday.

Arkady V. Dvorkovich, a Russian deputy prime minister, told the Russian Information Agency on Wednesday that discussions by Rosneft to buy the billionaires' stake were ongoing, but the government had yet to receive formal notice of Rosneft's plans.

‘‘There have not been any requests for approval so far, at least formal,'' Mr. Dvorkovich said.

In morning trading in London, shares in BP rose 1.1 percent.



Haier\'s Increased Offer Wins Fisher & Paykel

HONG KONGâ€"China's Haier Group, one of the world's biggest manufacturers of household appliances, succeeded on Thursday with a sweetened 927 million New Zealand dollar ($762 million) takeover bid for Auckland-based Fisher & Paykel Appliances.

Haier's new offer of 1.28 New Zealand dollars per share values the white goods company at $762 million, and was enough to convince Fisher & Paykel's board to endorse the deal after it last month rejected a bid of 1.20 dollars per share that the Chinese firm had tabled.

The deal marks the latest step in a long running push into foreign markets for China's biggest white goods firm, which since 2000 has operated a plant in South Carolina in the United States. Last year, Haier bought Sanyo's consumer appliance businesses in Japan and Southeast Asia from Panasonic for an undisclosed sum.

Haier, which in 2009 paid around 80 million New Zealand dollars for a 20 percent stake in Fisher & Paykel, had by Thursday secured acce ptances of its offer that represented more than 50 percent of all shares - effectively winning majority control of the company. The remaining shareholders have until Nov. 6 to make a decision on whether to hang on to their shares or sell to Haier.

A state-owned firm based in the city of Qingdao that failed in a 2005 bid worth $1.28 billion for the American white goods company Maytag, Haier has grown substantially in recent years. Last year, Haier reported revenue of 150.9 billion renminbi, or $23.3 billion. The company employs around 70,000 people and sells its products in more than 160 markets globally, and has subsidiaries listed on the Hong Kong and Shanghai stock exchanges.

Fisher & Paykel is tiny by comparison, with more than 3,000 employees. Its revenues fell 7 percent to 1.04 billion New Zealand dollars in the financial year ended in March- the fifth year in row of declining sales. Net profit dropped 45 percent to 18.4 million New Zealand dollars.

B ut Fisher & Paykel also commands a leading position in the Australian and New Zealand markets - which Haier does not - and the acquisition gives the Chinese firm control of its four plants in New Zealand, Thailand, Mexico and Italy.

Since Haier first bought a minority stake in Fisher & Paykel three years ago, the New Zealand company has distributed the Chinese firm's products in Australia and New Zealand, and earlier this year launched sales in Ireland.

Announcing the original bid last month, the president of Haier's white goods group, Liang Haishan - who also occupies one of the Chinese firm's two seats on Fisher & Paykel's board - pledged to keep the company's development base in New Zealand and to boost employment over time.

‘‘We want the Fisher & Paykel Appliances brand to stay and we will support its growth as a global premium brand, with the additional advantages of operating within the Haier Group,'' he said.

UBS is the financial advisor t o Haier on the deal.



Testifying in Britain, Volcker Questions Bank Innovation

LONDON - If complicated financial trades have a benefit for the wider economy, the former Federal Reserve chairman Paul A. Volcker isn't sure he has seen it.

“The economic and social value of much of the trading and innovative financial engineering is questionable,” Mr. Volcker said during almost two hours of testimony before a British parliamentary commission on Wednesday.

Mr. Volcker, the 85-year-old statesman of American banking regulation, had been invited to address the commission, which is investigating a recent spate of British bank scandals. He said that if left to their own devices, banks would find ways to intertwine their trades for their own accounts with the retail businesses in potentially dangerous ways.

His statements came as United States authorities move closer to enacting the so-called Volcker Rule, which would restrict the ability of banks, whose deposits are federally insured, from trading for their own benefit.

Banks and ot her Wall Street firms have fiercely opposed the proposed legislation, and have lobbied hard to alter how it would be put in place.

When asked by British politicians whether those changes have watered down the measure's effectiveness, Mr. Volcker dismissed the concerns.

“I don't believe that the thrust of it has been chipped away,” Mr. Volcker said on Wednesday.

British regulators have proposed similar rules that would cordon off firms' retail operations from their riskier investment banking units. Mr. Volcker expressed doubt that such a system would work, as firms would continue to look for ways to combine their different operations in an effort to reduce cost and increase profitability.

The division between banks' businesses “tends to break down over time because of pressures from the institution itself,” he said. “If you want to keep them separate, you should put them in two different organizations.”

Mr. Volcker also raised doubts over the benefit of complicated trading activities, which contributed to the global financial crisis.

London has been hit with scandals that have put banks' riskier operations back in the spotlight. The British bank Barclays, for example, agreed to a $450 million settlement with authorities in June connected to the manipulation of crucial interest rates by some of its traders. Losses connected to bungled trades at JPMorgan Chase's London office also now total billions of dollars.

The commission that heard Mr. Volcker's testimony is expected to hear from other prominent finance officials, including Martin Wheatley, the chief British regulator, and Martin Taylor, a former Barclays chief executive.

On Wednesday, Andrew Tyrie, the British politician leading the parliamentary panel, joked that Mr. Volcker could be in London to discuss taking over as the new governor of the Bank of England, the country's central bank. Mervyn A. King, the current governor, will st ep down from his post next year.

Mr. Volcker, who was chairman of the Federal Reserve from 1979 to 1987, smiled at the remark, saying that he was too old to become the Bank of England's new chief.

“It's a job for someone younger than 85,” he said.

.



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S.E.C. Accuses Hedge Fund of Lying About Performance

The Securities and Exchange Commission filed a complaint Wednesday against a hedge fund that once managed as much as $1 billion in assets, accusing the firm of lying to its investors about performance and asset values to earn higher fees.

The agency said that as a result of the misrepresentation, the fund, Yorkville Advisors, persuaded investors to give it $280 million to manage, which translated into more than $10 million in excess fees. The complaint also names its founder and president, Mark Angelo, and its chief financial officer, Edward Schinik.

In a sharp defense, the firm put out a lengthy statement attacking both the S.E.C.'s case and its tactics, calling the efforts a “free money shakedown.”

“Yorkville Advisors is deeply disappointed that the S.E.C. has elected to file this litigation,” the firm, which is based in Jersey City, N.J., said in a statement. “Yorkville vigorously disputes all of the allegations contained in the S.E.C.'s comp laint as they lack merit and are entirely without support.”

In recent years, the S.E.C.has made a concerted effort to proactively root out fraud at hedge funds. Instead of relying solely on tippers and industry sources, a new unit was established to track so-called aberrational performance for signs of potential fraud. The case against Yorkville is the seventh such cause brought by the unit, and the fund is one of the larger ones to be charged.

“The analytics put Yorkville front and center on our radar screen,” said Bruce Karpati, head of the enforcement at the commission's asset management unit. “When we looked further, we found lies to investors and the firm's auditors as well as a scheme to inflate fees by grossly overvaluing fund assets.”

The S.E.C. says that Yorkville did not abide by its own policies for valuing assets, disregarded poor returns and withheld some of those returns from its auditor. It also lied to investors about how easily i t could sell off its assets, according to the complaint.

Some of these issue touch on the heart of investor distress during the 2008 financial crisis. Hedge funds often tucked hard to sell off assets in their investment vehicles, and when liquidity dried up, they were left holding unsellable items. In some cases, these assets were valued at a far higher price than they could have actually fetched on the open market, which required investors to continue paying high fees.

“Yorkville at all times has acted appropriately and implemented robust control procedures to ensure the proper valuation of assets. This has included employing two former S.E.C. enforcement attorneys to sit on its valuation committee,” the firm said. “This is yet another example of the S.E.C. wasting taxpayer dollars conducting an investigation and initiating a baseless enforcement action solely for the purpose of appearing proactive as opposed to taking on the difficult task of addressing the real issues that face our markets.”



Regulators Propose Capital Rules for Derivatives Trading

Federal authorities moved a step closer to overhauling the derivatives market on Wednesday, as regulators proposed tougher standards for the nation's biggest banks.

Firms like Goldman Sachs and JPMorgan Chase would have to bolster their capital cushion and post additional collateral for certain derivatives trades. The Securities and Exchange Commission proposed the crackdown as part of a broader effort to rein in the opaque derivatives business, a main player in the financial crisis.

“Together, these rules are intended to make the financial system safer, and the derivative markets fairer, more efficient, and more transparent,” Mary L. Schapiro, the agency's chairwoman, said in a statement.

Ms. Schapiro and the agency's commissioners voted unanimously, 5-0, to advance the plan. It now enters a 60-day public comment period, after which the S.E.C. and other federal regulators must finalize the rules.

The effort was part of the Dodd-Frank Act, the f inancial regulatory law passed in response to the financial crisis. The law mandated an overhaul of swaps trading by requiring that many such derivatives contracts go through a regulated clearinghouse that serves as a backstop in case one trading party defaults. Regulators, until recently, had little authority to set any rules for this market.

The vote on Wednesday, Ms. Schapiro said, signaled that the S.E.C. had turned the corner in the derivatives overhaul. The agency has proposed or adopted nearly the entire “regulatory regime for derivatives.”

The S.E.C., which has more Dodd-Frank duties than any other Wall Street watchdog, fell behind its fellow regulators in changing the regulations for swaps. The Commodity Futures Trading Commission and banking regulators proposed similar versions of the capital rules more than a year ago.

The rules take aim at one of the great calamities of the 2008 financial crisis. In the lead-up to the crisis, banks bought bi llions of dollars in credit default swaps as protection on mortgage-backed investments. When the investments soured, the American International Group and other insurance companies that churned out swaps contracts lacked the capital to honor their agreements.

Under the S.E.C.'s plan, banks and other so-called swaps dealers that arrange derivatives contracts would face a fixed-dollar capital threshold. The firms would also set aside a ratio equal to 8 percent of the collateral required for swaps contracts. The rules, Ms. Schapiro said, emphasize that swap dealers must hold liquid assets “readily available in times of crisis.”

The rules separately require banks to post margin, or collateral, for riskier swaps that do not go through clearinghouses. The banks would use a complex calculation to collect cash or securities from their trading partners.

Luis A. Aguilar, a Democratic commissioner, praised the effort.

“We are considering these rules becaus e a grave financial crisis,” he said, adding that the crisis “imposed immense costs on the American economy, with tragic effects on American workers and families.”



The Right Way to Increase Taxes

The French know that wine and cheese are healthy enough in moderation. If only President François Hollande understood that the same should go for taxes.

As Andrew Ross Sorkin wrote last week, Mr. Hollande has proposed a 75 percent marginal tax rate on all income over $1.3 million. Marginal tax rates on capital gains could rise to about 60 percent. French entrepreneurs, bankers and private equity professionals have responded by threatening to move their businesses to London.

Mr. Sorkin concluded, “The idea of soaking the rich is often a popular one. But if there is a lesson in the French experience, despite the economic models, it is that there are limits.”

What are the limits? What would happen if we copied the French? In the United States, the populist case for redistribution of wealth is stronger now than it has been for generations. Income inequality is the highest it has been since the 1920s, in no small part because of income gains for corporate executives, investment bankers and fund managers. Tax policy and other factors have made the inequality trend more pronounced here than in, say, France.

The French proposal is half right. Broadening the tax base is a good idea. But the point is to allow for lower overall tax rates, not to confiscate wealth. We could do more to address inequality by making sure that all income is taxed, rather than increasing rates on the already burdened.

The way we know that tax rates are too high is to look at changes in behavior, like decisions whether to work longer or retire early, or to spend money or save it for later. All taxes cause economic distortions, but some distortions are worse than others. The two main behavioral responses to higher tax rates are the income effect and the substitution effect. The income effect occurs when a taxpayer works harder, earning more income to offset the tax and maintain a level rate of consumption. The substitution effect occurs when taxpayers work less to avoid the higher tax, substituting untaxed activity like leisure, household work or off-the-books work. Which effect dominates depends on the circumstances.

Consider how three different activities react to higher tax rates - investment income, labor income and entrepreneurial income.

The first category, investment income, is pretty sensitive to tax rates. Capital is highly mobile, and for this reason the United States generally taxes foreign investors at a low rate, or not at all. American investors also face a reduced rate on capital investments held for more than one year, although it is less clear that this preferential rate is necessary. American investors are taxed on their worldwide income, so mobility is not the issue. The main concern is lock-in - that investors could react to higher tax rates by holding on to assets to defer paying taxes on their gains.

The second category, labor income, is not as sensitive to tax rates. Lab or is not as mobile as financial capital, and the income effect helps offset the substitution effect. The optimal tax rate on labor income is probably higher than the optimal tax rate on capital income, although economists differ on this point.

But economists agree that there can be unwanted effects from high tax rates on labor income as well as capital income. Consider the situation of the second earner in a household. Because we do not tax the imputed income from providing household services to ourselves, it can be cheaper for a second earner to stay home and cook, clean and care for children rather than working outside the home, paying tax and then using after-tax income to pay someone else to assist with those household services. A decision to stay home to take care of children should be motivated by personal preference, not tax policy.

The third category is entrepreneurial income, like small-business income, founders' stock and carried interest for fund mana gers. The income here is mostly a return on labor, not capital, but it is often lightly taxed as investment income. And this is where the debate tends to get heated.

The case for a low tax rate on founders' stock is weaker than you might think. When Bill Gates, Steve Jobs and Mark Zuckerberg started their companies, the capital gains preference was hardly the motivating factor. Evidence suggests the rate of entrepreneurial entry is not very sensitive to tax rates. Taxing founders at a high rate may be impractical, however, because of the difficulty of distinguishing between investors and founders.

We should start by plucking the low-hanging fruit. Carried interest is labor income, not investment income, and it's not as mobile as financial capital. Few New York-based fund managers will give up United States citizenship and move permanently to Singapore just to avoid paying tax on carried interest.

The instinct of the French to tax all income at the same rat e is a good instinct. The mistake is in setting the rate at 75 percent.

For further reading on the tax treatment of founders' stock and carried interest, see Victor Fleischer, Taxing Founders' Stock, UCLA Law Review (2011), and Victor Fleischer, Two and Twenty: Taxing Partnership Profits in Private Equity Funds, NYU Law Review (2008).

Victor Fleischer is a professor at the University of Colorado Law School, where he teaches partnership tax, tax policy and deals. Twitter: @vicfleischer



At a Banking Gala, Chatter Is About Citi\'s New C.E.O.

Michael L. Corbat had been invited to spend Tuesday evening at the Waldorf-Astoria in Manhattan for an awards dinner celebrating women in banking.

“He would have been here,” said Deborah McWhinney, Citigroup's chief operating officer of global enterprise payments who invited Mr. Corbat as her guest at the 10th-annual Most Powerful Women in Banking gala.

To the surprise of many in the industry, he was suddenly making other headlines. That morning, he stepped into a new job as chief executive of Citigroup.

Mr. Corbat's sudden ascension caught even Citigroup's employees off guard. But Ms. McWhinney, one of the evening's honorees, said she wasn't particularly stunned.

“Things like this happen,” said Ms. McWhinney, who expressed confidence in Mr. Corbat's ability to lead the bank.

Ms. McWhinney brought her daughter to the gala instead. She said that Mr. Corbat had been a guest of hers at the event last year, when she had to leave early for a meeting with a prospective client.

“I felt it was perfectly reasonable for him not to be here tonight,” she quipped, “because I walked out on him last year.”

The talk at Tuesday evening's event focused less on the leadership change atop Citigroup than on the state of women in the financial industry. In a ballroom at the Waldorf-Astoria, female financial leaders chosen by American Banker Magazine mingled with colleagues and enjoyed a three-course dinner as speakers lauded their accomplishments.

Firms large and small were represented, with some bankers traveling from as far as California to attend the event hosted by American Banker and SourceMedia. The evening's speeches included ideas for promoting more women to senior roles in finance, like a proposal to institute quotas on corporate boards.

Still, the news that Vikram S. Pandit had stepped down from leading Citigroup didn't go unnoticed.

“My jaw literally dropped when I read it thi s morning,” said Kelly Mathieson, a managing director at JPMorgan Chase who was among the honorees.

Employees of Citigroup sat at three tables in the ballroom, but few were willing to discuss the executive transition on the record.

The honorees included some well-known Wall Street names, like Ruth Porat, the chief financial officer of Morgan Stanley, and Sallie L. Krawcheck, a former executive of Bank of America and Citigroup. Julie L. Williams, who recently left her post as chief counsel of the Office of the Comptroller of the Currency, was honored with a lifetime achievement award.

A keynote speech was given by Irene Dorner, the chief executive of HSBC in the United States, who was named the most powerful woman in banking. Sheryl WuDunn, a senior managing director at Mid-Market Securities and a former correspondent for The New York Times, delivered the other keynote speech.

The rankings included three lists - women in banking, women in finance and “women to watch” - that were chosen based on considerations like innovation and influence. Some of the honorees had been recognized in past years, but others were surprised to be noticed.

“I only have like 65 people reporting to me,” said Bita Ardalan, an honoree and executive vice president at Union Bank in California. “But we generate a lot of revenue.”



S.E.C. Names Leader for New York Office

The Securities and Exchange Commission has appointed Andrew M. Calamari to lead its New York office, a hub for many of the agency's biggest Wall Street enforcement cases.

Mr. Calamari, a 12-year veteran of the office, has been acting director since the summer. He took over for George Canellos, who was named to the agency's No. 2 enforcement spot in Washington.

“I have been so privileged these past 12 years to be able to work with the remarkably dedicated and talented enforcement and exam staff of the New York office,” Mr. Calamari said in a statement on Wednesday. “To now have the opportunity to serve as director of this great office is an honor, and I am excited about the work we will do together in the years ahead.”

Mr. Calamari, who also spent 15 years in private legal practice, will oversee some 400 lawyers, investigators and accountants in New York. The office, in downtown Manhattan across the street from Goldman Sachs, polices the biggest na mes on Wall Street. More than 4,000 banks, mutual funds and hedge funds come under its purview.

Until now, Mr. Calamari helped run the New York office's enforcement effort. The unit has produced some of the agency's signature investigations, including the insider trading case against the hedge fund manager Raj Rajaratnam and the S.E.C.'s accounting fraud case in 2006 against American International Group.

The office, however, was blamed in part for missing Bernard L. Madoff's giant Ponzi scheme. Under Mr. Calamari, the division is now leading the S.E.C.'s investigation into JPMorgan Chase's trading loss.

“His tough but fair approach has won the respect of his colleagues,” said Robert Khuzami, the S.E.C.'s enforcement director. He added that Mr.Calamari's “excellent judgment and strong leadership make him ideally suited to lead the New York regional office.”



Star Trader Departs Moore Capital, and Hedge Funds Altogether

At the age of 41, having made a fortune as a trader at some of the biggest hedge funds in the world, Greg Coffey announced in a letter to investors that he was leaving Moore Capital - and the industry - to spend more time with his family.

The move was not unexpected, though it did highlight the unattractive nature of markets these days to those who can afford to walk away. Mr. Coffey, who owns a hunting estate in Scotland and lavish homes in London and his native Australia, is said to be worth about $700 million. He also joins a long line of investors who have given up managing hedge funds in the last few years, including George Soros, Carl Icahn, Stanley Druckenmiller, John Arnold of Centaurus and Mark Rokos of Brevan Howard.

“After nearly 20 years in the financial markets, I've decided to leave the industry,” he wrote to investors. “The demands of my growing family mean that I am unable to commit to the market with the same intensity going forward. I p lan on seeing much more of my wife and children and spending time in my home country, Australia.” Bloomberg News had earlier reported that Mr. Coffey was planning to leave the fund.

Mr. Coffey joined Moore Capital, run by the billionaire Louis Bacon, in 2008. Having earned his reputation at GLG Partners, where he ran a highly successful trading book, his stock was high and his departure in some ways represented just how much hedge funds were willing to splurge for talent. To keep him, GLG reportedly offered him roughly $250 million. Mr. Bacon offered Mr. Coffey the title co-chief investment officer of European investing.

When he joined Moore, Mr. Coffey took the helm of two emerging market funds. At the time, whispers circulated through the industry that Mr. Coffey, whom Mr. Bacon had described as “one of the most impressive traders in the world,” was the heir apparent to take over Moore Capital. Last year, he raised more than a billion dollars for a new fu nd, called GC Moore, branded especially for him.

Those lofty ambitions were quickly brought down to earth, as Mr. Coffey struggled to make the sort of eye-popping gains that earned him his reputation as the “Wizard of Oz,” a nod to his home country. This year, his GC Moore fund is down 2 percent after a big rally in September. The two emerging markets funds, however, are down 16 percent and 2 percent.

Over all, his track record at Moore averaged annual returns of 4.7 percent. The $1.6 billion the GC fund once had has now dwindled to around $100 million, and the remaining cash will be returned to investors.

The news comes amid a general downsizing at Moore Capital. As DealBook reported in August, Mr. Bacon returned $2 billion to his investors after conceding he was confounded by the markets.

On his former protege's departure, Mr. Bacon said in a statement: “Greg Coffey has been a significant contributor to Moore's European business, and we are di sappointed that he is choosing to retire from the industry. We wish him well in all his future endeavors.”



With Flat Profit, Greenhill Misses Earnings Estimates

The continued doldrums in the world of mergers and acquisitions weighed on Greenhill & Company‘s third quarter, as the investment bank's profit missed analysts' earnings estimates.

Greenhill said on Wednesday that it earned $8.6 million for the quarter, flat from the same time a year ago. That amounted to 28 cents a share, far short of the average analyst estimate of 38 cents a share, according to Standard & Poor's Capital IQ.

And while the firm's overall revenue rose nearly 4 percent during the quarter, its core advisory revenue fell more than 12 percent, to $72.8 million. (Total revenue was bolstered by a smaller mark-to-market loss on Greenhill's investment in Iridium Communications than it reported a year ago.)

In after-hours trading on Wednesday, shares of Greenhill fell 4 percent , to $49.

But the firm sought to highlight positives, including a number of advisory assignments that closed during the quarter. Those included the sale of Merlin S ecurities to Wells Fargo and the representation of the board of Kinder Morgan Energy Partners on the sale of some pipeline assets.

And the investment bank added that the size of its revenue drop was smaller than the 18 percent by which announced mergers activity fell from the year-ago period, according to Thomson Reuters.

“Global transaction activity remained weak in the third quarter and for the year to date,” Robert Greenhill, the firm's chairman, said in a statement. “While that inevitably affects our performance in absolute terms, we are pleased that we continued to demonstrate an ability to increase our market share in the pool of advisory fees globally.”

And Greenhill pointed out that its payouts to executives as a percentage of expenses stayed steady at 53 percent.



Push for Leniency as an Ex-Goldman Director Faces Sentencing

Federal prosecutors want Rajat K. Gupta, once one of the world's most prominent businessmen, to spend as much as 10 years in prison for insider trading.

Mr. Gupta's defense lawyers would rather he spend time in Rwanda.

It is just the latest intriguing twist in the case of Mr. Gupta, who was convicted of leaking boardroom secrets about Goldman Sachs to the hedge fund manager Raj Rajaratnam.

On Wednesday, prosecutors and defense lawyers filed sentencing memos to Judge Jed S. Rakoff, who is scheduled to sentence Mr. Gupta on Oct. 24 in Federal District Court in Manhattan. Mr. Gupta is the former head of the consulting firm McKinsey & Company and the most influential of the 69 individuals convicted in the government's sweeping insider-trading crackdown.

Mr. Gupta's lawyers have pleaded for a lenient sentence of probation, accompanied by an order that he perform community service. Gary P. Naftalis, a lawyer for Mr. Gupta, made an unusual request in reco mmending that Mr. Gupta, who has played a leadership role in a variety of global humanitarian causes, be sent to Rwanda.

Multimedia: Insider Trading

“The Rwandan government has expressed support for a program of service in which Mr. Gupta would work with rural districts to ensure that the needs to end H.I.V., malaria, extreme poverty and food security are implemented,” Mr. Naftalis wrote.

Mr. Gupta is hoping that Judge Rakoff is swayed by the more than 400 letters of support submitted on his behalf, including one from Bill Gates, the Microsoft billionaire and philanthropist, and Kofi Annan, the former United Nations secretary-general.

The letters depict a man who, but for his insider-trading conviction, has led an exemplary life.

Miles D. White, the chief executive of the pharmaceutical giant Abbott, wrote, “Rajat's contributions to global welfare - in business, in philanthropy, in education, in civil societ y - have been rivaled by very few people.” Mr. Gupta's leadership on global health issues has “made a real difference in the lives of literally millions of people around the world,” Mr. Gates wrote.

The government, however, is asking that Mr. Gupta be sentenced to between 8 years and one month to 10 years and one month, a range based on a formula in the federal sentencing guidelines. “Gupta's crimes are shocking,” wrote Richard Tarlowe, a federal prosecutor. “Gupta had achieved extraordinary personal success and was at the pinnacle of a profession built on protection client confidences.”

Mr. Gupta's misconduct is “particularly troubling at a time when there is widespread concern about corruption, greed and recklessness at the highest levels of the financial services industry,” Mr. Tarlowe wrote.

In June, a jury found Mr. Gupta, 63, a former director of Goldman, guilty of divulging confidential discussions about the bank to Mr. Rajaratnam, including Warren E. Buffett's planned $5 billion investment in Goldman in the depths of the financial crisis. Mr. Gupta, who also served on Procter & Gamble's board, was acquitted on a count related to giving Mr. Rajaratnam advance word of the financial results of the consumer products giant.

Mr. Gupta, a resident of Westport, Conn., plans to appeal his conviction.

Mr. Rajaratnam, the former head of the Galleon Group hedge fund, is serving an 11-year prison term for orchestrating a seven-year insider-trading conspiracy. He had a vast network of informants, including traders, lawyers and bankers, but none was more prominent than Mr. Gupta.

A native of Kolkata, India, Mr. Gupta came to the United States to earn his graduate degree at Harvard Business School. He spent his career at McKinsey, the consulting firm, and was elected its global head in 1994. After running McKinsey for a decade, he was highly sought after as a board member, landing plum directorships at several public companies. He also devoted much time to philanthropic pursuits, becoming a trustee at the Rockefeller Foundation and an adviser to President Bill Clinton's philanthropy.

But after leaving McKinsey, Mr. Gupta also took on a variety of roles on Wall Street, including raising money for Mr. Rajaratnam at Galleon, then one of the world's most highly regarded hedge funds.

Mr. Gupta's lawyers argue that a lengthy prison term is unnecessary because Mr. Gupta has already paid a terrible price. They said that his reputation is in tatters given the intense media attention surrounding his trial. “This is the quintessential case of a monumental fall that is, in and of itself, severe punishment,” said the defense.

In letters sent to Judge Rakoff, Mr. Gupta's wife and four daughters, who attended Mr. Gupta's monthlong trial nearly every day, described the strain of the case on their lives.

One of his daughters, Aditi Gupta, a recent graduate o f Harvard Business School, described being harassed on campus because of her father's legal troubles. She said that news articles about her father's case “magically appeared” in her on-campus mailbox. An e-mail circulated calling for Harvard Business School to cut all ties with Mr. Gupta, who served on the school's advisory board. She said that she could not bear to tell her father about these incidents.

“Nor did I tell him about the well-intentioned professors who suggested I take a year off to wait for everything to ‘die down,' or what it was like to try and maintain my composure in a class of 90 people when Preet Bharara” - the United States attorney in Manhattan whose office brought the case against Mr. Gupta - “arrived to speak in one of my first year classes,” she wrote.

Mr. Gupta's sentencing will be closely watched in legal circles. The roughly eight- to-10-year term requested by prosecutors is based on guidelines that are nonbinding. The ru les are supposed to give judges direction when meting out sentence.

Judge Rakoff has been one of the most outspoken critics of the guidelines. In 2006, he sentenced a former corporate executive to a 3 1/2-year prison term for accounting fraud when prosecutors, hewing to the guidelines, had sought 85 years.

There can be, wrote Mr. Rakoff, an “utter travesty of justice that sometimes results from the guidelines' fetish with abstract arithmetic, as well as the harm that guideline calculations can visit on human beings if not cabined by common sense.”

Prosecutors gave some credence to Mr. Gupta's accomplishments, but emphasized his “callousness and above-the-law arrogance” in repeatedly leaking secret corporate information to Mr. Rajaratnam over a two-year span. “Although Gupta's criminal conduct appears to represent a deviation from an otherwise law-abiding life,” said prosecutors, “Gupta's crimes were not an isolated occurrence or a momentary la pse in judgment.”

On Wednesday, the team of government lawyers and F.B.I. agents that led the prosecution of Mr. Rajaratnam, Mr. Gupta and other insider-trading defendants were in Washington to receive a distinguished service award from Attorney General Eric H. Holder.

This post has been revised to reflect the following correction:

Correction: October 17, 2012

An earlier version of this post misstated the middle initial of the attorney general of the United States. He is Eric H. Holder, not Eric S.



Crumbling Deal Exposes Clash of Wealthy Family Dynasties

For more than two centuries, the Rothschild name has stood for a deft touch in European cross-border finance, as well as representing great wealth and influence.

Today, the family name, one of Europe's banking dynasties, has become ensnared in a nasty dispute after a powerful family in Indonesia appears to have outmaneuvered Nathaniel Rothschild, the five-times great-grandson of the dynasty's founder.

After an inauspicious start as a young investment analyst at Gleacher in Manhattan in the mid-1990s, Mr. Rothschild's rise as a moneymaker in his own right has been fairly rapid. He was co-chairman of the hedge fund Atticus Capital before striking out on his own and engineering a series of international deals.

In late 2010, he announced what was expected to be his most ambitious project yet, a $3 billion deal with the Bakrie family, an Indonesian dynasty whose vast interests include both mining and politics, to create the London-listed mining giant Bumi.

“We've announced the creation of an Indonesian coal champion,” Mr. Rothschild said at a news conference at the time.

That partnership now lies in ruins.

Mr. Rothschild, a 41-year-old British financier, has resigned from Bumi's board amid allegations of financial misconduct at some of the company's Indonesian subsidiaries. The owners have been caught in a yearlong feud over the running of the company. And questions have been raised about the corporate governance that allowed Bumi to trade on the London Stock Exchange.

In the latest round of infighting, Mr. Rothschild - a descendant of Nathan Mayer Rothschild, who helped finance the British victory over Napoleon at Waterloo - has accused Samin Tan, Bumi's chairman, of not protecting the rights of minority shareholders.

“I have lost confidence in the ability of the board to stand up for investors,” Mr. Rothschild, who owns roughly a 12 percent stake in the company, said in a letter announcing his resignation from Bumi's board.

In response, the Bakries said Mr. Rothschild should return his shares and other financial benefits connected to the mining company.

“What a disappointment Mr. Rothschild has been to us,” said Christopher Fong, a spokesman for the Bakrie family.

Mr. Rothschild is insisting that any decision about Bumi's future be delayed until an investigation is finished into ostensible financial misconduct at its subsidiaries, according to a person with direct knowledge of the matter who spoke on the condition of anonymity because he was not authorized to speak publicly.

The alliance with the Bakries had been part of a bet by Mr. Rothschild on the surging demand for coal by fast-growing economies in Asia. He raised £707 million, or $1.1 billion, in the 2010 initial public offering of Vallar, a London-listed investment company that was created to make acquisitions in the natural resources sector.

Later that year, Mr. Rothschild organized a cash-and-stock deal worth $3 billion that would give his company access to a number of Indonesian coal mining assets. The takeover also gave the Bakries a controlling stake in Bumi, the renamed Vallar that remains listed in London.

Since the deal was completed, not much has gone right for Bumi, as Mr. Rothschild's effort to profit from an expected commodities boom has floundered.

With demand for coal falling because of the global financial crisis, the company's share price has plummeted more than 80 percent over the last 18 months. In the first half of this year, the company reported a net loss of $106 million, a slight improvement on the $296 million loss in the same period last year. The value of Mr. Rothschild's own investment of $148 million has more than halved, to $86 million.

Mr. Rothschild and his Indonesian business partners also have clashed over how the company should be run.

In a terse letter to the board late last year, Mr. Rothschild called on Bumi's chief executive at the time, Ari Hudaya, to resign. Mr. Rothschild said the company's head had failed to attend board meetings, dismissed investors' questions and neglected his duties as chief executive.

“It has become abundantly clear that he is neither fit nor suitable to carry on as C.E.O.,” Mr. Rothschild said.

The Bakries, however, have been calling the shots.

Late last year, the family sold a 24 percent stake in Bumi to Mr. Tan, a fellow Indonesian mining mogul, for $1 billion. The deal helped the Indonesian dynasty to repay outstanding loans owed to a consortium of lenders led by Credit Suisse.

After calling a shareholding meeting to reshuffle Bumi's executives, Mr. Tan took over as chairman, while Mr. Rothschild was reduced to a nonindependent director.

Controversy has continued to follow the ill-fated partnership.

Last month, Bumi announced an investigation into accusations of financial mi sconduct totaling $500 million at several of its Indonesian subsidiaries. The accusations relate to financial accounting records for last year in which certain investments were marked down to zero, according to a company statement.

The Bakries have been quick to respond. Last week, the family offered a combined $1.2 billion to acquire all of Bumi's mining assets. The deal would involve a partial share swap for a 10.3 percent stake in PT Bumi Resources, a subsidiary. The Indonesian family would then offer to buy Bumi's remaining 18.9 percent stake in the Indonesian coal mining company for cash by the end of the year.

The Bakries also want to buy Bumi's majority control of PT Berau Coal Energy, another Indonesian mining company, in the next six months.

“A lot of investors may want to sell up and move on,” said Richard Knights, an analyst with Liberum Capital in London.

Those shareholders do not include Mr. Rothschild. The British financier has ridic uled the proposal, saying the board should not review the deal until the investigation into financial misconduct is completed.

He also has accused his Indonesian partners of giving Mr. Tan, Bumi's chairman, preferential treatment under which he could receive more than double what has been offered to other shareholders.

“It would be a disgrace to proceed with, or even to entertain, the proposal made by the Bakries,” Mr. Rothschild said.

A spokesman for Bumi said the board would continue to look at the proposal.

The problems facing Mr. Rothschild have again raised concerns over natural-resources companies that want to list in London. Analysts say many of these companies are eager to tap the British capital's large investor base, but have often restricted the amount of shares offered to new shareholders so that majority owners can retain control.

Eurasian Natural Resources, a London-listed mining company part owned by the Kazakh government, for example, has run into a series of governance problems in recent years. That includes the ousting of some of its British board members last year after the majority Kazakh owners opposed their reappointment.

Scrutiny also has centered on so-called reverse takeovers, in which a private firm can obtain a London listing by acquiring a publicly traded company. Mr. Rothschild's deal to create Bumi allowed the Bakries to avoid many of the checks that would have been required if the Indonesian family had tried to take the company public on its own.

Last year, Mr. Rothschild also helped the Turkish company Genel Energy to float in London after it was acquired by Vallares, an investment company co-founded by Mr. Rothschild and BP's former chief executive Tony Hayward, for $2.1 billion.

British regulators are moving to clamp down. This month, the Financial Services Authority, the country's regulator, completed plans to restrict the ability of firms to complete reverse takeovers in London. Authorities also are demanding greater separation between a company's controlling shareholder and the daily operations of the business.

“There's been a misunderstanding in the market because many of these rules were unwritten,” said John Hammond, head of capital markets at the consultancy Deloitte in London. “Now they've been laid out for everyone to see.”