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Rising Bank Profits Tempt a Push for Tougher Rules

Banks have been reporting steady growth in earnings since soon after the financial crisis. With the latest reports rolling in, analysts think the banks’ first-quarter profits will be their best ever.

But as welcome as such profits are to the banks, they may also become a source of discomfort. The ballooning bottom lines could embolden the lawmakers and regulators who want to introduce additional measures to overhaul the banking system.

After the financial crisis, many officials involved in the regulatory revamp feared that tougher rules, like caps on bank assets, could destabilize the financial system and harm economic growth. It is a view that prominent bankers and lobbyists have also voiced.

Despite industry opposition to new rules, the buoyant bank profits could add to the ammunition that influential figures in Washington are using to advocate for more radical ideas to overhaul the banks.

“I hope the regulators move forward with tougher regulations,” said Sheila C. Bair, a former chairwoman of the Federal Deposit Insurance Corporation, a primary bank regulator, and now a senior adviser at the Pew Charitable Trusts. “This wouldn’t endanger the economic recovery.”

Much has been done to strengthen banks since the financial crisis. The Dodd-Frank legislation, which Congress passed in 2010, and international banking standards known as the Basel III rules are forcing banks to hold safer assets, curtail trading activities and set aside more capital to absorb potential losses.

Even so, there is bipartisan support to do more. Most recently, Senator Sherrod Brown, Democrat of Ohio, and Senator David Vitter, Republican of Louisiana, said that they planned to introduce a bill that would require banks to hold considerably more capital. If passed, such a requirement is likely to prompt the largest banks to shrink in size. While a draft of the legislation does not stipulate a maximum size for banks, it requires financial firms with more than $400 billion of assets to hold additional capital. Big banks like Citigroup and Bank of America well exceed that amount, as do Wall Street firms like Morgan Stanley, but regional lenders would fall under that threshold.

The restlessness over the big banks extends beyond Congress.

Daniel K. Tarullo, the Federal Reserve governor who oversees regulation, floated an idea last year for limiting bank size. And Thomas M. Hoenig, vice chairman at the F.D.I.C., has been pushing the overhaul of large, complex banks as well as more rigorous capital standards.

The banking industry might be able to bear more regulations, given how it has fared under earlier measures. In some ways, the banks have thrived despite the added costs of all the new rules and demands since 2008.

Dick Bove, a bank analyst at Rafferty Capital Markets, estimates that F.D.I.C.-insured banks will earn $39 billion in the first quarter of this year, which would be a record quarterly showing. “No one can argue that banks were hurt from a profit standpoint by regulation,” he said.

The financial overhauls of the last four years don’t appear to have held banks back from indulging in activities that facilitate economic growth. Helped by Wall Street financial firms, American companies have raised huge amounts in capital markets since the crisis. Last year, corporations issued $940 billion of bonds, a record amount, according to Dealogic, a data provider. This has happened even as investment banks scaled back their operations to get ready for regulations they vocally oppose, like the so-called Volcker Rule.

The overhaul doesn’t appear to have hurt the housing market, either. Large lenders like Wells Fargo have profited well from the recent boom in mortgage refinancing. That activity has also helped consumers, through sharply lower borrowing rates for millions of homeowners.

Banks are also making significantly more loans to companies, which bolsters the economy and job growth in many parts of the country. There is even evidence that the overhaul may have helped the banks become better run. Citigroup, which was subject to much regulatory pressure, is more streamlined and reported strong first-quarter earnings this week.

Little of this might have been expected after hearing past warnings from bankers. In 2011, Jamie Dimon, chief executive of JPMorgan Chase, said that the proposed rules to overhaul derivatives, a commonly used financial instrument, “would damage America.” He also said that the Basel rules were “anti-American.” Comment letters filed by lobbyists with regulators used sophisticated-looking models to show how rules could hold back the economy.

“As far as the banks are concerned, there is never a good time to raise capital or increase regulation,” Ms. Bair said. “When times are bad, they say it could hurt things, and when times are good, they say they don’t need it.”

Some analysts, however, caution against reading too much into the banks’ strong profits.

Though banks have been preparing for new rules for months, many of them have not been fully executed, which means the true costs of the measures will not be known until later.

Mr. Bove says that, while bank profits have hardly suffered from new regulation, their customers have. Lenders have simply passed on many of the costs, mostly in the form of new fees, he said. “The government aimed a Stinger missile at the banking industry and missed and hit the consumer instead,” said Mr. Bove, who also notes that loans to small business are still weak.

In addition, bank profits may not be as strong as they look, say some analysts. Earnings appear less impressive when taking into account the new capital that banks have to hold. This can be seen when applying a metric called return on equity, which reflects the extra capital.

Financial companies in the Standard & Poor’s 500-stock index had a 7.9 percent return on equity last year, according to data from S.& P. That’s below the 10 percent return for utilities last year, also a regulated industry. And the banks’ return is down from the 16 percent return that they achieved in 2006.

That is why some analysts argue that it would be a mistake to force banks to hold even more capital than they already will under Dodd-Frank and Basel III. They argue that it would depress returns on equity and therefore prompt banks to exit certain businesses, reducing credit in the economy. In a research note last week, a Goldman Sachs bank analyst estimated a Brown-Vitter bill could remove $3.8 trillion of credit from the United States banking system.

But considering that past dire forecasts haven’t materialized, advocates for tougher rules may be tempted to press on.

Phillip L. Swagel, a professor at the University of Maryland School of Public Policy, sees risks in adopting higher capital reserves, but he says he thinks the industry’s gloominess can be overdone.

“I do understand the frustration of the bank critics when they see pieces like the one from Goldman Sachs saying that the world will end under Brown-Vitter,” said Professor Swagel, who served as assistant secretary for economic policy under Treasury Secretary Henry M. Paulson Jr.

Despite the sharp debate, he says he thinks there is growing agreement among policy makers, and even banks, that more capital might be needed. “I see consensus on the top-line issue of more capital,” he said.



Law Firm DLA Piper Settles Accusation of Overbilling

The law firm DLA Piper has settled a fee dispute with one of its clients, resolving a case that highlighted lawyers’ e-mails that discussed overbilling the client, in one instance using the phrase “churn that bill, baby!” to describe their work.

The e-mails surfaced in dueling lawsuits between DLA Piper and Adam H. Victor, an energy-industry executive. After DLA Piper sued Mr. Victor for $675,000 in unpaid legal bills, Mr. Victor filed a counterclaim, accusing the law firm of a “sweeping practice of overbilling” and demanding $22.5 million in punitive damages.

On Tuesday, the parties resolved the matter, according to Larry Hutcher, a lawyer for Mr. Victor. Mr. Hutcher declined to discuss the terms of the settlement, citing confidentiality provisions in the agreement. It is unclear whether DLA Piper dropped its claim or paid Mr. Victor damages.

Mr. Victor had retained DLA Piper in April 2010 to prepare a bankruptcy filing for one of his companies. Mr. Victor ultimately refused to pay some of the bill, and DLA sued him for nonpayment.

During pretrial document discovery as part of the litigation, internal DLA Piper e-mails surfaced that suggested the firm had a lax attitude about the size of Mr. Victor’s bill.

“I hear we are already 200k over our estimate â€" that’s Team DLA Piper!” wrote Erich P. Eisenegger, a lawyer at the firm.

Another DLA Piper lawyer, Christopher Thomson, responded to the e-mail, noting that a third colleague, Vincent J. Roldan, was also recruited to work on the matter.

“Now Vince has random people working full time on random research projects in standard ‘churn that bill, baby!’ mode,” Mr. Thomson wrote. “That bill shall know no limits.”

The DLA Piper e-mails were the focus of an article last month in The New York Times about the issue of billing by law firms and the public’s perception that firms run up bills by overstaffing assignments and performing wasteful tasks. Legal ethics professors said that the e-mails highlighted the perverse incentives of the billable-hour system. Often, they said, a lawyer’s financial interest in maximizing billings runs counter to the client’s interest in keeping legal costs low.

A spokesman for DLA Piper, the world’s largest law firm with 4,200 lawyers across 30 countries, did not respond to requests for comment about the settlement. But last month, on the day the Times article was published, DLA Piper’s leadership sent a firmwide e-mail defending its ethics, integrity, and reputation for high-quality and cost-efficient legal services. It also gave its lawyers suggestions for how to discuss the “inappropriate e-mail humor” with clients.

“It is unfortunate that the unprofessional behavior of these lawyers by writing those e-mails has distracted attention away from the fact that a client refused to pay his bills,” the statement said.



Feinberg of Cerberus Considers Bid for Its Gun Maker

Four months after the investment firm Cerberus put the country’s largest gun company up for sale in the wake of the school shootings in Connecticut, it has found a possible buyer in Cerberus’s owner, Stephen A. Feinberg.

Mr. Feinberg is contemplating a bid for the Freedom Group, which makes Bushmaster rifles, one of which was used in the Sandy Hook Elementary School massacre in Newtown, Conn., according to two people briefed on the matter. He has reached out to friends and other wealthy investors about teaming up on a potential offer, these people said.

The bid would be what is called a stalking horse bid, essentially setting the floor for other offers in the auction process.

A bid by Mr. Feinberg presents a host of potential conflicts of interest. It is exceedingly rare, if not unprecedented, for the owner of a private equity fund to purchase a company owned by the fund. In order to entertain a bid by Mr. Feinberg, these people said, Cerberus Capital Management and the Freedom Group would adopt several measures to avoid any perception of inside dealing and to prevent a sweetheart deal for Mr. Feinberg at the expense of his investors.

Some of those investors are state pension funds that had pressed Cerberus to sell the Freedom Group after the Connecticut shootings. Large public funds like the California State Teachers’ Retirement System urged Cerberus to divest its gun holdings.

After the Connecticut killings, Cerberus decided to distance itself from the politically charged issue of gun control by disposing of the Freedom Group. It issued a statement after the shootings, expressing its condolences and announcing that it was putting the company up for sale and would return the proceeds to its investors.

“We believe that this decision allows us to meet our obligations to the investors whose interests we are entrusted to protect without being drawn into the national debate that is more properly pursued by those with the formal charter and public responsibility to do so,” said Cerberus, which hired the investment bank Lazard to handle the auction process.

Yet were Mr. Feinberg to buy the Freedom Group, he would presumably remain in the center of the gun control debate. And it would run counter to his vow to steer clear of lightning-rod investments after he came under an uncomfortable spotlight with Cerberus’s audacious boom-era purchases of the automaker Chrysler and the finance arm of General Motors.

Cerberus built the Freedom Group into the nation’s largest gun maker by collecting at least 10 different smaller ones under one corporate umbrella, including Bushmaster, Remington Arms and Marlin Firearms. The company, which is based in Madison, N.C., posted about $930 million in revenue last year. A planned initial public offering of the company, first filed in 2009, has stalled, but Cerberus and its investors have already made a profit on the deal through a dividend payment.

The Freedom Group has continued to add companies, purchasing five business last year. Its acquisitions include Tapco, which markets magazines for assault rifles, and Para-USA, which produces 1911-style pistols. The Freedom Group also appears to be branching into pet products, having bought Dublin Dog, a maker of collars and leashes. (It also owns Mountain Khakis, the outdoor apparel brand.)

A sale is expected to fetch about $1 billion, people briefed on the deal said. About 25 possible buyers are looking at Freedom Group’s financials, but first-round bids have yet to be submitted. A transaction could be completed as earlier as this summer, these people said.

It is unclear whether a buyer will materialize. The forced sale of a company is a poor position for a private equity firm to find itself in, let alone the sale of a controversial one. Other firms that have public pension funds as investors are not interested in the deal, said a person familiar with the talks. Lawmakers have also urged large banks not to provide financing to gun companies, another pressure point that could pose challenges to any deal.

Potential buyers include Freedom Group’s rivals, such as the American company Smith & Wesson and the Brazilian gun maker Taurus. Another group of potential purchasers include wealthy individual investors.

An auction that included a bid by a consortium led by Mr. Feinberg would have numerous special conditions to ensure a fair process, people briefed on the sale said. Because Mr. Feinberg sits on Freedom Group’s board, the company would have to form special committees excluding Mr. Feinberg from negotiations. Another possible measure would force Mr. Feinberg drop out of the bidding if another party offers a certain percentage above his bid.

A spokesman for Cerberus, Tim Price, declined to comment.

Mr. Feinberg, 53, grew up in Spring Valley, N.Y., and started his career at Drexel Burnham Lambert, where he worked under the junk-bond financier Michael Milken. He started Cerberus about 20 years ago, and it now manages more than $20 billion in private equity and hedge fund assets. A major Republican donor, Mr. Feinberg is an ardent hunter and gun enthusiast. His father, Martin Feinberg, lives in Newtown, a fact that Cerberus said played no role in its decision to sell the Freedom Group.



For Bank of America, C.E.O. Greed Would Be a Good Thing

Bank of America investors had better hope the bank’s chief executive, Brian Moynihan, is long-term greedy. About half his pay is now tied to hitting specific targets for average return on assets and tangible book value by 2015. The bank’s first-quarter showing of $2.3 billion applicable to shareholders is better than last year. But without significant further improvement, Mr. Moynihan’s going to fall way short.

Shareholders reacted viscerally to the results on Wednesday. Earnings missed consensus estimates by just 2 cents, yet owners wiped more than 6 percent off the stock at one point. The results were a stark reminder that investing in the bank is a longer game. In addition to weakness in consumer banking, mortgages and trading, it also had to sock away more for legal costs, whereas rivals Citigroup and JPMorgan Chase caught a break. Annualized return on equity for the quarter was a meager 4.18 percent.

Mr. Moynihan has other, related metrics to worry about. First-quarter return on assets was just 0.48 percent, while adjusted tangible common equity grew just 3.7 percent from last year’s first quarter. Both are below the minimum threshold that the chief executive needs to hit by the end of 2015 to earn even a portion of the $5.5 million in pay linked to performance. To get paid in full, return on assets needs to average 0.8 percent and tangible common equity has to grow an average 8.5 percent annually over the next three years.

That’s a big leap. Earnings were not all bad news, though. Home loan delinquencies fell nearly 40 percent, the bank settled some outstanding litigation for $500 million and inked another deal on problem legacy mortgages with Fannie Mae. Other lawsuits remain, however.

Analysts currently expect Bank of America’s return on assets to average 0.62 percent over the next three years, which would guarantee Mr. Moynihan only the minimum payout. If tangible book value grows an average of 5.25 percent -also the minimum set for that metric â€" then the boss would only get his hands on a third of the $5.5 million.

For once, a spot of executive greed for a bigger payout would be good news for shareholders, too.

Agnes T. Crane is a columnist for Reuters Breakingviews. For more independent commentary and analysis, visit breakingviews.com.



Efforts to Revive the Economy Lead to Worries of a Bubble

Are we moving from the crash to the bubble, dispensing with that pesky economic recovery thing altogether?

The Federal Reserve is well into its third round of “quantitative easing,” in which it buys longer-term assets to bring down long-term lending rates. We are about five and a half years into the Fed’s extraordinary monetary policies (its out-of-the-box lending programs began before the crash, in late 2007).

The effect the central bank hopes to produce hasn’t materialized. Despite modest growth, the economy remains a wellspring of misery, with mass unemployment, wage stagnation and factories going unused. In March, a smaller percentage of working-age people were actually working than at any other time since 1979.

Through its unconventional policies, the Fed is trying to alleviate the crisis. It has succeeded in driving down lending rates. Ben S. Bernanke and company would also like to kindle inflation expectations, spurring people to buy and companies to invest today instead of waiting until tomorrow. Supposedly, all of this will drive a self-sustaining economic recovery.

Instead, the Fed has kindled speculation. Investors are desperate for yield and are paying up for riskier assets. In areas like real estate, structured finance and equities, the markets are ahead of the fundamentals. It doesn’t look to me like a bubble yet. But I would call it the Dysplasia Stage, abnormal growth that looks precancerous.

It’s not just an economic or financial issue, it’s cultural and psychological. We seem to have unlearned what real growth is and simply substituted speculative bubbles. Policy makers are either paralyzed or barrel forward because this is all they know how to do.

Let’s first take the stock market. On the standard measures of looking at estimated earnings, the Standard & Poor’s 500-stock index isn’t particularly high. But that’s misleading. Corporate earnings are extremely high as a percentage of the gross domestic product. Margins are high. Is that sustainable?

There are more reliable measures of stock market value, and they look frothy. One gauge, the price of stocks based on the past decade of earnings, is named after the Yale economist Robert J. Shiller. Using that, stocks are too expensive by 65 percent. Alternatively, many investors look at something called the Q, devised by the economist James Tobin, which compares stock prices with corporate net worth. The nonfinancial companies are overpriced by 57 percent. The stock market is not at 1999 or 1929 levels, but it has reached other previous peaks of 1906, 1936 and 1968, according to Smithers & Company, a London-based research shop.

To make stocks correctly priced, “either earnings have to explode heavensward for 10 years or else stock prices have to come in a lot,” said Scott Frew, who runs Rockingham Capital Partners, a small hedge fund. He expects earnings to fall.

It’s not just stocks. Investors are bidding up junk bonds, commercial mortgage backed securities and bundles of corporate loans called collateralized loan obligations. Last month, investors were paying more for such loans than at any time in the last five years. They are snapping up billions of dollars in securities made up of subprime auto loans.

And the housing market isn’t just rising, but roaring back so fast you can feel the G-force coming off the reports. Home prices in Phoenix went up 23 percent over the last year, according to the latest Standard & Poor’s Case-Shiller index. More than one in four homes in Phoenix were purchased by investors who bought more than five homes apiece, up from 16 percent a year earlier.

“I am now starting to become less skeptical” that we are moving toward a new housing bubble, said Christopher J. Mayer, a real estate economist at Columbia University. When local money is on the sidelines and outside buyers come in to snap up real estate, that typically ends badly, he added.

So what’s going on?

The Fed is engaged in “trickle-down monetary policy,” said Daniel Alpert, managing partner of Westwood Capital, an investment bank. “This type of monetary policy is making the wealthy wealthier and hoping that it trickles down to the shop floor.”

But “trickle down has never worked,” he said. “The wealthy don’t need to consume. And when there is oversupply of capacity, the wealthy don’t need to invest in new capacity.”

Has the Federal Reserve monetary policy reached the average American? To a certain degree, yes. Many Americans have been able to refinance their homes. Those auto loans may be helping people get to and from work.

But the economic effects are modest for the size and scope of the effort. Investors, meanwhile, glory in the asset inflation. The most pronounced effect of low mortgage rates has been to allow people with good credit and low debt to refinance multiple times over the last few years. Stock ownership is concentrated among the wealthy; junk bonds and collateralized loan obligations only more so.

Mr. Alpert says the first round of quantitative easing was necessary to alleviate the liquidity problem in the markets â€" the unwillingness of investors to conquer their fears and buy up assets. But the third round is “unnecessary,” he said.

Others disagree. Dean Baker, an economist from the liberal-leaning Center for Economic and Policy Research who warned about the housing bubble much earlier than most, doesn’t see a bubble yet. He advocates continuing quantitative easing.

Mr. Baker adds a note of caution, however. Regulators should move to high alert; Federal Reserve officials should start speaking out to signal that they are paying attention to the abnormalities. Eric S. Rosengren, the president of the Federal Reserve Bank of Boston, gave a recent speech raising areas of concern, only to dismiss them as not overly worrisome yet.

At least he was thinking about the issue. As with cancer, the key is to intervene early.



Efforts to Revive the Economy Lead to Worries of a Bubble

Are we moving from the crash to the bubble, dispensing with that pesky economic recovery thing altogether?

The Federal Reserve is well into its third round of “quantitative easing,” in which it buys longer-term assets to bring down long-term lending rates. We are about five and a half years into the Fed’s extraordinary monetary policies (its out-of-the-box lending programs began before the crash, in late 2007).

The effect the central bank hopes to produce hasn’t materialized. Despite modest growth, the economy remains a wellspring of misery, with mass unemployment, wage stagnation and factories going unused. In March, a smaller percentage of working-age people were actually working than at any other time since 1979.

Through its unconventional policies, the Fed is trying to alleviate the crisis. It has succeeded in driving down lending rates. Ben S. Bernanke and company would also like to kindle inflation expectations, spurring people to buy and companies to invest today instead of waiting until tomorrow. Supposedly, all of this will drive a self-sustaining economic recovery.

Instead, the Fed has kindled speculation. Investors are desperate for yield and are paying up for riskier assets. In areas like real estate, structured finance and equities, the markets are ahead of the fundamentals. It doesn’t look to me like a bubble yet. But I would call it the Dysplasia Stage, abnormal growth that looks precancerous.

It’s not just an economic or financial issue, it’s cultural and psychological. We seem to have unlearned what real growth is and simply substituted speculative bubbles. Policy makers are either paralyzed or barrel forward because this is all they know how to do.

Let’s first take the stock market. On the standard measures of looking at estimated earnings, the Standard & Poor’s 500-stock index isn’t particularly high. But that’s misleading. Corporate earnings are extremely high as a percentage of the gross domestic product. Margins are high. Is that sustainable?

There are more reliable measures of stock market value, and they look frothy. One gauge, the price of stocks based on the past decade of earnings, is named after the Yale economist Robert J. Shiller. Using that, stocks are too expensive by 65 percent. Alternatively, many investors look at something called the Q, devised by the economist James Tobin, which compares stock prices with corporate net worth. The nonfinancial companies are overpriced by 57 percent. The stock market is not at 1999 or 1929 levels, but it has reached other previous peaks of 1906, 1936 and 1968, according to Smithers & Company, a London-based research shop.

To make stocks correctly priced, “either earnings have to explode heavensward for 10 years or else stock prices have to come in a lot,” said Scott Frew, who runs Rockingham Capital Partners, a small hedge fund. He expects earnings to fall.

It’s not just stocks. Investors are bidding up junk bonds, commercial mortgage backed securities and bundles of corporate loans called collateralized loan obligations. Last month, investors were paying more for such loans than at any time in the last five years. They are snapping up billions of dollars in securities made up of subprime auto loans.

And the housing market isn’t just rising, but roaring back so fast you can feel the G-force coming off the reports. Home prices in Phoenix went up 23 percent over the last year, according to the latest Standard & Poor’s Case-Shiller index. More than one in four homes in Phoenix were purchased by investors who bought more than five homes apiece, up from 16 percent a year earlier.

“I am now starting to become less skeptical” that we are moving toward a new housing bubble, said Christopher J. Mayer, a real estate economist at Columbia University. When local money is on the sidelines and outside buyers come in to snap up real estate, that typically ends badly, he added.

So what’s going on?

The Fed is engaged in “trickle-down monetary policy,” said Daniel Alpert, managing partner of Westwood Capital, an investment bank. “This type of monetary policy is making the wealthy wealthier and hoping that it trickles down to the shop floor.”

But “trickle down has never worked,” he said. “The wealthy don’t need to consume. And when there is oversupply of capacity, the wealthy don’t need to invest in new capacity.”

Has the Federal Reserve monetary policy reached the average American? To a certain degree, yes. Many Americans have been able to refinance their homes. Those auto loans may be helping people get to and from work.

But the economic effects are modest for the size and scope of the effort. Investors, meanwhile, glory in the asset inflation. The most pronounced effect of low mortgage rates has been to allow people with good credit and low debt to refinance multiple times over the last few years. Stock ownership is concentrated among the wealthy; junk bonds and collateralized loan obligations only more so.

Mr. Alpert says the first round of quantitative easing was necessary to alleviate the liquidity problem in the markets â€" the unwillingness of investors to conquer their fears and buy up assets. But the third round is “unnecessary,” he said.

Others disagree. Dean Baker, an economist from the liberal-leaning Center for Economic and Policy Research who warned about the housing bubble much earlier than most, doesn’t see a bubble yet. He advocates continuing quantitative easing.

Mr. Baker adds a note of caution, however. Regulators should move to high alert; Federal Reserve officials should start speaking out to signal that they are paying attention to the abnormalities. Eric S. Rosengren, the president of the Federal Reserve Bank of Boston, gave a recent speech raising areas of concern, only to dismiss them as not overly worrisome yet.

At least he was thinking about the issue. As with cancer, the key is to intervene early.



Fairway Shares Surge in Trading Debut

Investors are filling up their shopping carts with shares of Fairway Group Holdings.

The stock of the grocery store chain surged 39 percent when it began trading Wednesday morning in its public debut on the Nasdaq stock exchange. Trading under the ticker symbol FWM, Fairway opened at $18.07 a share after pricing its initial public offering at $13 a share Tuesday evening.

The stock gave up some of its initial gains during the morning, trading around $17 a share, 30 percent above the I.P.O. price, on heavy volume. The offering had priced above the expected range of $10 to $12, raising $177.5 million.

Fairway, which remains controlled by the private equity firm Sterling Investment Partners, is hoping investors will get behind its plans to expand. Once known primarily for its popular market on Manhattan’s Upper West Side, Fairway is now a 12-store grocery chain with ambitions of opening 300 outlets across the country.

An investment from Sterling in 2007 has helped fuel that growth. With stores in New York, New Jersey and Connecticut, Fairway is making plans to add new stores at a rate of three to four a year.

But the strategy comes with risks. Fairway lost $11.9 million in the fiscal year that ended in April 2012, even as sales increased 14 percent, to $554.9 million. Its debt has grown, reaching $203.6 million last April.

Fairway has formidable competition even in New York, where Whole Foods, a chief rival, has aggressively expanded in recent years. Though Fairway offers a wide selection of products at reasonable prices, some longtime shoppers are looking elsewhere.

Some of the risks associated with investing in the stock are quirkier. The landlord for about half of the iconic Fairway store on Broadway has the right to terminate the lease, with at least 18 months’ notice, at any time after June 30, 2017, in order to make renovations.

But the store has a devoted following. One loyal customer, Mordecai Rosenfeld, 83, said on Tuesday that he might consider buying shares, “if they throw in some olives.”

In addition to financing the company’s expansion, proceeds from the I.P.O. will pay for certain accrued dividends and pay bonuses totaling about $7.3 million. Howard Glickberg, vice chairman of development at Fairway, and the grandson of the company’s founder, is receiving a $1.8 million bonus.



Victims of Foreclosure Abuses Face Another Woe: Bounced Checks

Relief checks issued as part of a multibillion-dollar settlement over foreclosure abuses have bounced, an unfortunate twist for consumers who have been already caught up in problems over reviews of troubled mortgage loans.

Months after brokering a $9.3 billion settlement with the nation’s biggest banks, the Federal Reserve and the Office of the Comptroller of the Currency announced last week that 1.4 million checks would be sent out to struggling homeowners, many of whom have been languishing for two years without assistance.

But problems have emerged again in what has proved to be a deeply flawed review of foreclosures and ensuing settlement. The Federal Reserve and the Comptroller’s office said on Wednesday that some homeowners were greeted by startling news: their checks bounced because of insufficient funds.

The regulators said Wednesday that the problems had been rectified and that consumers should now be able to cash the checks. In January, the banking regulators scuttled a sweeping review of millions of troubled loans in favor of a broad settlement. A central part of the pact was the distribution of $3.6 billion in cash relief to injured homeowners. The first round of checks, distributed by Rust Consulting, were sent out last week, according to the regulators.

The bounced checks is the second hiccup in the process which has been marred by delays. Authorities initially planned to release payments to roughly 4.2 million homeowners at the end of March, but the relief was pushed back because of a temporary delay, according to several people briefed on the matter.

On Wednesday, the Federal Reserve said that Rust Consultant had rectified the problems.

“Some early recipients of checks informed the Federal Reserve’s consumer helpline on Tuesday that they were told their checks could not be cashed,” the Fed said in a statement.

James Parks, a senior executive at Rust Consulting apologized for the delay. “We apologize to anyone who experienced problems trying to cash their checks,” he said in a statement Wednesday.

He also assured homeowners that the checks were valid.



Daimler Sells EADS Stake for $2.9 Billion

Stuttgart, April 17, 2013

Daimler successfully places 7.5 percent of EADS shares

Daimler AG sold 61.1 million shares in EADS to international investors by way of the offering announced yesterday. The selling price of the placement is 37.0 Euros per share. Demand from institutional investors was strong.

EADS acquired 16 million shares worth 600 million Euros in the offering as part of its pre-announced share repurchase programme.

"We have concluded a very successful transaction, enabling us to fully participate in the positive development of the EADS share price. The proceeds from this sale are contributing positively to our free Cash Flow this year and in addition to the earnings from our ongoing businesses, will also support our policy of stable dividends”, stated Bodo Uebber, Member of Daimler’s Board of Management for Finance & Controlling and Financial Services.

Daimler received gross proceeds of about 2.2 billion Euros from the offering and, following the offering, does not hold any residual shares in EADS. However, as announced yesterday, Daimler has entered into a cash-settled contract with both Goldman Sachs and Morgan Stanley which will allow Daimler to retain certain upside participation in the EADS stock prior to year end. Goldman Sachs and Morgan Stanley, as counterparties to this contract, were in total allocated 8 million shares in the offering to establish their hedge position.

Daimler will give an update regarding the valuation of its EADS-related transactions as part of its regular financial reporting for the second quarter, scheduled for July 24, 2013.