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Another Fund Manager Ensnared in Dell Insider Trading Ring

In August 2008, on the eve of the financial crisis, a large bet that the shares of Dell would drop proved highly lucrative for a tight-knit group of traders. It has also proved to be bountiful for the government in its campaign to root out insider trading on Wall Street.

On Friday, Victor Dosti, a former portfolio manager at the Whittier Trust Company, settled a civil action brought by federal securities regulators who accused him of illegally trading in Dell. He is the ninth person charged by the government related to the Dell trade.

Mr. Dosti and Whittier, a money manager based in South Pasadena, Calif., agreed to pay about $1.7 million to resolve the lawsuit, which was filed by the Securities and Exchange Commission in Federal District Court in Manhattan. The S.E.C. said that Whittier earned profits and avoided losses of about $725,000 by trading on illicit tips about Dell as well as the technology companies Nvidia and Wind River Systems.

The secret information was funneled to Mr. Dosti by Daniel Kuo, a former analyst at Whittier who pleaded guilty last year to criminal charges that he was part of a vast insider-trading scheme of traders, analysts and corporate insiders who earned about $70 million in profits by trading on secret information that came from inside Dell and other companies.

“Time and again, Dosti received what he knew was inside information from Kuo and traded on it to generate illicit gains,” Sanjay Wadhwa, senior associate director of the S.E.C.’s regional office in New York, said in a statement.

Gary Lincenberg, a lawyer for Mr. Dosti, declined to comment. Robert Anello, a lawyer for Whittier, said that his client was glad to have the matter behind it and that “the conduct engaged in by two former employees is completely contrary to the core values of this organization.”

Two of the nine individuals tied to the Dell insider-trading ring are former employees of SAC Capital Advisors, the giant hedge fund that has become a central focus of the government’s investigation. Michael Steinberg, a longtime SAC trader, was charged as part of the ring that illegally traded Dell and Nvidia. His name first surfaced last fall, when Jon Horvath, a former SAC analyst, pleaded guilty to insider trading in the two technology stocks and said he shared the information with Mr. Steinberg.

Mr. Steinberg has pleaded not guilty and is scheduled to stand trial on Nov. 18.

Whittier fired Mr. Dosti, 49, last January after federal prosecutors first brought charges related to the Dell and Nvidia trades. Mr. Dosti, an Albanian immigrant, received an M.B.A. from the University of Chicago and worked at Northern Trust and Citigroup before joining Whittier about a decade ago.



Another Fund Manager Ensnared in Dell Insider Trading Ring

In August 2008, on the eve of the financial crisis, a large bet that the shares of Dell would drop proved highly lucrative for a tight-knit group of traders. It has also proved to be bountiful for the government in its campaign to root out insider trading on Wall Street.

On Friday, Victor Dosti, a former portfolio manager at the Whittier Trust Company, settled a civil action brought by federal securities regulators who accused him of illegally trading in Dell. He is the ninth person charged by the government related to the Dell trade.

Mr. Dosti and Whittier, a money manager based in South Pasadena, Calif., agreed to pay about $1.7 million to resolve the lawsuit, which was filed by the Securities and Exchange Commission in Federal District Court in Manhattan. The S.E.C. said that Whittier earned profits and avoided losses of about $725,000 by trading on illicit tips about Dell as well as the technology companies Nvidia and Wind River Systems.

The secret information was funneled to Mr. Dosti by Daniel Kuo, a former analyst at Whittier who pleaded guilty last year to criminal charges that he was part of a vast insider-trading scheme of traders, analysts and corporate insiders who earned about $70 million in profits by trading on secret information that came from inside Dell and other companies.

“Time and again, Dosti received what he knew was inside information from Kuo and traded on it to generate illicit gains,” Sanjay Wadhwa, senior associate director of the S.E.C.’s regional office in New York, said in a statement.

Gary Lincenberg, a lawyer for Mr. Dosti, declined to comment. Robert Anello, a lawyer for Whittier, said that his client was glad to have the matter behind it and that “the conduct engaged in by two former employees is completely contrary to the core values of this organization.”

Two of the nine individuals tied to the Dell insider-trading ring are former employees of SAC Capital Advisors, the giant hedge fund that has become a central focus of the government’s investigation. Michael Steinberg, a longtime SAC trader, was charged as part of the ring that illegally traded Dell and Nvidia. His name first surfaced last fall, when Jon Horvath, a former SAC analyst, pleaded guilty to insider trading in the two technology stocks and said he shared the information with Mr. Steinberg.

Mr. Steinberg has pleaded not guilty and is scheduled to stand trial on Nov. 18.

Whittier fired Mr. Dosti, 49, last January after federal prosecutors first brought charges related to the Dell and Nvidia trades. Mr. Dosti, an Albanian immigrant, received an M.B.A. from the University of Chicago and worked at Northern Trust and Citigroup before joining Whittier about a decade ago.



Weighing Fed Policy from Sturgeon Bay, Wis.

Paul Kasriel spends his days learning the bass guitar for a band he joined after he retired last year as Northern Trust’s chief economist. Between practices, however, he works on an economic yardstick that many on Wall Street would find fascinating.

It is a calculation that helps him assess whether the Federal Reserve’s extraordinary stimulus will lead to economic growth. That endlessly debated subject came to the fore again on Friday, when the Labor Department said the economy added 175,000 jobs in May. That’s a solid showing, but maybe not strong enough to convince people that the Fed will taper its enormous asset purchases sooner rather than later.

But from his vantage point in Sturgeon Bay, Wis., Mr. Kasriel says he believes the economy will start growing at a rate that should prompt the Fed to cut back its efforts. “I think the Fed should taper in the second half of the year,” he said.

At Northern Trust, Mr. Kasriel gained a following for his pithy analyses that were often prescient. Not many economists predicted a slowdown in growth before the 2008 financial crisis. But Mr. Kasriel was sounding warnings throughout 2007, and as the year was coming to a close he rolled out the Kasriel Recession Warning Indicator, which showed a 65.5 percent chance of a recession the following year.

After the crisis, in 2010, he predicted the second big round of Fed stimulus would lift the economy, and it did. Then, in 2011, when the Fed ended that effort, Mr. Kasriel predicted that the economy would suffer, and growth did weaken in 2012.

In his analyses, Mr. Kasriel pays particularly close attention to credit.

Banks effectively get to create money out of thin air as they lend to companies and individuals, and as this money gets spent, the economy benefits. This activity was severely undermined after the crisis, which is why, he thinks, the Fed had to step in and us its balance sheet to pump money into the economy. If banks aren’t creating new money, the Fed has to help. Forcefully, it has to outright increase the quantity of money and credit. Hence the term quantitative easing, or Q.E., which is bandied about on Wall Street.

Mr. Kasriel’s special yardstick adds together both bank credit and assets held by the Fed. When that total is going up by, say, more than 5 percent, the economy gains strength.

“Follow the money,” said Mr. Kasriel, who posts intermittently to his blog, The Econtrarian.

In 2011, Fed assets and bank credit grew by a combined 6.1 percent, and the economy was expanding by over 4 percent in the fourth quarter of the year. In 2012, that total went up by 4.4 percent. In the final quarter of the year, the economy was barely growing, though it of course faced major headwinds.

Despite the uncertainty swirling in the markets today, Mr. Kasriel is getting excited about the economy. The Fed’s most recent stimulus effort is causing his favored yardstick to grow again. Bank credit was up 4 percent in the first quarter and the Fed’s assets jumped 12 percent. Overall, that caused Mr. Kasriel’s metric to rise 6 percent in the first quarter.

“That will translate into an acceleration of private domestic spending,” he said.

Mr. Kasriel was a keen critic of the Fed before the financial crisis, and he still harbors a deep skepticism toward the central bank. He suspects it will over-stimulate the economy for too long.

“From its public statements, I am not sure the Fed understands Q.E.” he said.



Weighing Fed Policy from Sturgeon Bay, Wis.

Paul Kasriel spends his days learning the bass guitar for a band he joined after he retired last year as Northern Trust’s chief economist. Between practices, however, he works on an economic yardstick that many on Wall Street would find fascinating.

It is a calculation that helps him assess whether the Federal Reserve’s extraordinary stimulus will lead to economic growth. That endlessly debated subject came to the fore again on Friday, when the Labor Department said the economy added 175,000 jobs in May. That’s a solid showing, but maybe not strong enough to convince people that the Fed will taper its enormous asset purchases sooner rather than later.

But from his vantage point in Sturgeon Bay, Wis., Mr. Kasriel says he believes the economy will start growing at a rate that should prompt the Fed to cut back its efforts. “I think the Fed should taper in the second half of the year,” he said.

At Northern Trust, Mr. Kasriel gained a following for his pithy analyses that were often prescient. Not many economists predicted a slowdown in growth before the 2008 financial crisis. But Mr. Kasriel was sounding warnings throughout 2007, and as the year was coming to a close he rolled out the Kasriel Recession Warning Indicator, which showed a 65.5 percent chance of a recession the following year.

After the crisis, in 2010, he predicted the second big round of Fed stimulus would lift the economy, and it did. Then, in 2011, when the Fed ended that effort, Mr. Kasriel predicted that the economy would suffer, and growth did weaken in 2012.

In his analyses, Mr. Kasriel pays particularly close attention to credit.

Banks effectively get to create money out of thin air as they lend to companies and individuals, and as this money gets spent, the economy benefits. This activity was severely undermined after the crisis, which is why, he thinks, the Fed had to step in and us its balance sheet to pump money into the economy. If banks aren’t creating new money, the Fed has to help. Forcefully, it has to outright increase the quantity of money and credit. Hence the term quantitative easing, or Q.E., which is bandied about on Wall Street.

Mr. Kasriel’s special yardstick adds together both bank credit and assets held by the Fed. When that total is going up by, say, more than 5 percent, the economy gains strength.

“Follow the money,” said Mr. Kasriel, who posts intermittently to his blog, The Econtrarian.

In 2011, Fed assets and bank credit grew by a combined 6.1 percent, and the economy was expanding by over 4 percent in the fourth quarter of the year. In 2012, that total went up by 4.4 percent. In the final quarter of the year, the economy was barely growing, though it of course faced major headwinds.

Despite the uncertainty swirling in the markets today, Mr. Kasriel is getting excited about the economy. The Fed’s most recent stimulus effort is causing his favored yardstick to grow again. Bank credit was up 4 percent in the first quarter and the Fed’s assets jumped 12 percent. Overall, that caused Mr. Kasriel’s metric to rise 6 percent in the first quarter.

“That will translate into an acceleration of private domestic spending,” he said.

Mr. Kasriel was a keen critic of the Fed before the financial crisis, and he still harbors a deep skepticism toward the central bank. He suspects it will over-stimulate the economy for too long.

“From its public statements, I am not sure the Fed understands Q.E.” he said.



Week in Review: Steven Cohen Keeps His Chin Up

As investors bail out, SAC shows a brave face. | Debt deal in Alabama will cost JPMorgan. | Wall St. buyers behind the rise in house prices. | A tale of Wall St. excess.

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

Inside Trade Is Suspected in Smithfield Acquisition | The Securities and Exchange Commission froze the assets of a trader based in Bangkok, as it investigates a scheme tied to the deal with a Chinese meat processor. DealBook »

I.B.M. Buys SoftLayer, a Cloud Computing Firm | As businesses demand more services delivered over the Internet, the titans of technology are stepping up their offerings delivered from data centers afar, so-called cloud computing. DealBook »

In China, Ruling Raises Concern of a Chill on Foreign Investment | The Supreme People’s Court ruled that agreements between a Hong Kong billionaire and mainland companies amounted to “concealing illegal intentions with a lawful form.” DealBook »

Bank of Ireland Bond Sale Confirms a Credit Boom | Investors may face major losses if companies cannot repay the borrowed money when interest rates start to rise. DealBook »

Wall St. Buyers Behind the Rise in House Prices | Homes in struggling markets are being snapped up by big investment companies, shutting out regular buyers and creating concern about soaring prices. DealBook »

As Investors Bail Out, SAC Shows Brave Face | The hedge fund, which is under investigation for insider trading, told employees in an e-mail that it was stable despite a surge in investor withdrawals. DealBook »

  • Wall Street Transfixed by an SAC Deadline | A quarterly deadline for investors to withdraw money from the troubled hedge fund SAC Capital Advisors was the talk of Wall Street. DealBook »
  • An Earlier Hedge Fund Inquiry May Have Led to the SAC Capital Case | While investigating Sedna Capital, a hedge fund run by Rengan Rajaratnam, the government found communication between him and an SAC trader about tech stocks. DealBook »
  • Hedge Fund, Under Fire, Braces for Withdrawals | SAC Capital Advisors could shut its door to outside investors and manage only internal funds. DealBook »

Deal Professor: F.B.I. Pick Could Offer Look Into World of Ray Dalio | Steven M. Davidoff says that James B. Comey, President Obama’s reported choice for F.B.I. director, may be able to offer insight into the culture at Bridgewater Associates. DealBook »

A Tale of Wall St. Excess | Turney Duff traces his rise and descent in “The Buy Side,” a memoir about the underbelly of big-money, fast-paced hedge funds. DealBook »

New Exchange Is Formed for Trading Patent Rights | The Intellectual Property Exchange International, or IPXI, wants to make the patent licensing marketplace more transparent. DealBook »

Pressure in Britain Over What to Do With Bailed-Out Banks | The archbishop of Canterbury, a former chancellor of the Exchequer and the outgoing governor of the Bank of England are calling for the breakup of the Royal Bank of Scotland. DealBook »

Debt Deal in Alabama Will Cost JPMorgan | Ultimately, JPMorgan Chase will have given up nearly $1.6 billion as a result of its dealings with the county. DealBook »

  • A County in Alabama Strikes a Bankruptcy Deal | Jefferson County reached an agreement to refinance most of the debt that led to its $4.2 billion municipal bankruptcy. DealBook »

S.E.C. Proposes Changes in Money Funds | The recommendations, now open for public comment, were criticized for not going far enough but praised by advocates of the money fund industry. DealBook »

  • S.E.C. to Vote on Proposal to Overhaul Money Funds | The proposal, similar to one that stalled last summer, is intended to limit risk in the money market fund industry. DealBook »

‘I Will Survive’ | Gloria Gaynor has a message for all those fair-weather investors who are fleeing Steven Cohen’s hedge fund. YouTube »



Admiral Mullen Named to Sprint’s Board

Sprint announced Friday that Adm. Mike Mullen would join the company’s board after its proposed $20.1 billion sale to SoftBank of Japan closes.

Admiral Mullen, 66, who had served as chairman of the Joint Chiefs of Staff from October 2007 to September 2011, would serve as an independent director as well as the company’s security director. He is also on the board of General Motors. His appointment would satisfy one of the concessions that the companies agreed to to win government approval for the merger.

“Admiral Mullen is an admired leader with an impeccable record,” Dan Hesse, Sprint’s chief executive, said in a statement. “We are fortunate that a person with his experience, accomplishments and reputation will be a member of our new board.”

Spring and SoftBank have been working for months to ease fears of government agencies and lawmakers over national security issues. Some Congressional leaders have expressed concerned about SoftBank’s ties to Chinese telecommunications equipment makers. In addition, Dish Network, which is seeking to wrest Sprint away from SoftBank with a $25.5 billion offer, has mounted an effort to fan worries about a foreign takeover of a major American telecommunications company.

The two companies, however, have been gradually winning the necessary approvals. A special government panel, the Committee on Foreign Investment in the United States, signed off on the deal in late May after both SoftBank and Sprint agreed to a number of concessions, including the appointment of an independent board member responsible for overseeing compliance with national security.

Sprint shareholders must also approve the SoftBank bid. A vote on the transaction is currently scheduled for June 12. The biggest of the proxy advisory firms, Institutional Shareholder Services, has said it supports the proposed sale.

The deal is also subject to a review by the Federal Communications Commission.



The Lesson From the Coup at Timken

Big targets were all the rage this shareholder voting season in the United States. Uppity investors set their sights on industry heavyweights like JPMorgan Chase and Apple. Such headline-grabbing giants overshadowed activist investor Ralph Whitworth’s success at the far smaller Timken. He persuaded fellow shareholders to approve his ballot campaign to break up the steel and ball bearing manufacturer. It’s the result that boards should be most carefully watching.

Mr. Dimon fended off JPMorgan shareholders who wanted to split his chairman and chief executive roles. Overall, though, it has been a pretty good year for dissidents. Greenlight Capital boss David Einhorn forced Apple to unbundle a trio of proposals. Elsewhere, through June 5, shareholders had either won votes to secure board seats or successfully negotiated for them in 30 instances, according to FactSet SharkRepellent. There have been no more than 18 such victories at the same point in any of the past three years.

Mr. Whitworth, however, pulled off the real coup. His proposal to carve up Timken was only the 11th occurrence of its kind on the nine years SharkRepellent has been tracking such issues. JPMorgan, for example, managed to prevent a similar plan from making it into its proxy this year.

Moreover, Mr. Whitworth, the founder of San Diego-based Relational Investors, is the first to get shareholder approval. Previous efforts by other investors at General Electric and Viacom failed to sway even 5 percent of shareholders. At Timken, just over half of the shares voted last month were in favor.

The company intends to respond within a couple of weeks. It’s a non-binding vote and strategic initiatives are rarely decided at the ballot. It’s hard to imagine, though, how the board will be able to ignore completely the will of Timken’s owners.

It’s a wake-up call to chairmen and chief executives everywhere. Votes on corporate governance and social and environmental issues are one thing - these constitute nearly all proxy season shareholder proposals. Shareholders proposing value-maximizing steps that call the entire business model into question, though, are far more threatening than losing a title or board members.

Mr. Whitworth also didn’t act alone. He teamed up with the influential California teachers’ pension plan Calstrs, which typically focuses on governance matters. The next wave of barbarians clamoring at the gate won’t necessarily be the usual suspects - and may not be following a familiar playbook.

Jeffrey Goldfarb is an assistant editor at Reuters Breakingviews. For more independent commentary and analysis, visit breakingviews.com.



Rengan Rajaratnam Cuts Own Path in Plea Talks

Raj and Rengan Rajaratnam were both born in Sri Lanka. They both studied at the University of Pennsylvania and they both started hedge funds. But as Rengan, 42, faces insider trading charges, he appears to be taking a very different approach from his older brother, Raj.

In a May 30 court filing, the United States attorney’s office in Manhattan signaled that Rengan Rajaratnam is in plea discussions with the government to settle charges that he profited from inside information on such stocks as Clearwire and Advanced Micro Devices. The talks came after federal prosecutors shared evidence it had compiled - wiretap transcripts, trading records and summaries â€" with his defense lawyers “in order to facilitate plea discussions with the defense.”

It is unclear whether Rengan Rajaratnam has offered to cooperate with the government as part of any plea agreement or whether the talks will even result in him pleading guilty to insider trading charges.

But one of the reasons the government could be interested in the younger Rajaratnam is that he could assist lawyers if the government gets close to building a case against SAC Capital Advisors, the hedge fund behemoth founded by trader Steven A. Cohen.

Rengan Rajaratnam worked briefly at SAC nearly a decade ago, early in his career.

If federal prosecutors decide to charge the fund, they could conceivably enlist Rengan Rajaratnam to testify that he exchanged inside information with traders at SAC while he was working at Galleon, the hedge fund started by his brother Raj. Galleon liquidated its assets in 2009 after the elder Rajaratnam was arrested on insider trading charges; Raj Rajaratnam is now one-and-a-half years into an 11-year prison sentence.

An article on Dealbook this week noted how SAC Capital moved squarely onto regulators’ radar in 2006 after lawyers at the Securities and Exchange Commission noticed a curious series of instant messages between Rengan Rajaratnam and an SAC trader.

Those messages coincided with Sedna Capital, Rengan Rajaratnam’s hedge fund, and SAC accumulating bearish bets in shares of the technology company Arris Group. The five-year deadline for bringing a case against Arris has expired, but government lawyers might be seeking evidence from Rengan of more recent examples of him exchanging inside information with SAC traders. They could also look for him to lead them to others who could assist in their investigation of SAC.

Rengan Rajaratnam’s lawyer declined to comment.

The chances of Rengan Rajaratnam cooperating as part of any plea accord are slim, though. That’s because if he cooperated, he would be required to provide information about everybody â€" including his brothers, Raj and Ragakanthan.

It was evidence of “cherry picking” at Rengan’s hedge fund, Sedna Capital, that originally prompted the government’s investigation into his elder brother’s fund. In December 2006, when Rengan was deposed in connection with the investigation into Sedna, he was asked by Andrew Michaelson, then a lawyer at the S.E.C.: “Did you see any practices at all, investing, trading that gave you cause for concern at SAC?”

“It’s SAC, there are rumors that floated about, there was stuff in the press but quite honestly I was in a little office on the side of the building,” Rengan responded, according to the deposition. When Mr. Michaelson pressed him further, his lawyer cautioned him.



Truly Great Companies Add More Than They Extract

Perhaps no business consultant enjoys higher esteem in the corporate world than Jim Collins. Over three decades, he has sold millions of copies of his books describing the characteristics of what he terms “great” companies.

It is hard not to admire his diligence. Along with a large team of researchers, Mr. Collins spends years gathering evidence and analyzing companies. The primary measure he uses for greatness is how well a company performs for its shareholders over a given period of time. The problem - as we have all been warned - is that past financial performance is no guarantee of future results.

For “Good to Great,” his most successful book, published in 2001, Mr. Collins selected 11 companies as truly elite performers. They included Circuit City (now bankrupt and defunct); Fannie Mae (taken over by the government in 2008 after huge mortgage losses); Pitney Bowes, whose stock has progressively tanked over the last decade; and Altria, the world’s largest tobacco company, which has actually performed well in the marketplace, but earns its revenues almost exclusively from a product that causes five million deaths a year

In “Great by Choice,” published in 2011, Mr. Collins and a co-author, Morten T. Hansen, call out seven companies for “spectacular” results - outperforming the overall stock market and their industry competitors by at least 10 times over a 15-year period. They also set up comparisons with companies in the same industries that performed markedly less well.

The most striking comparison involves Microsoft, which Mr. Collins and Mr. Hansen identify as a great performer, and Apple, which they cite as the comparative laggard. Yes, you read that right. Here’s why: the 15-year period the authors happened to examine was 1987 to 2002.

How could so much research miss the mark by so far?

An obvious explanation is that huge changes in technology in the last decade have redefined what it takes to be successful - elevating factors like the role of disruptive innovation, quickness to market and speed of responsiveness to competitors. What worked for Microsoft in the era that Mr. Collins and Mr. Hansen studied proved to be wholly inadequate to compete with Apple in the era that immediately followed.

But the primary issue, I am convinced, is the definition Mr. Collins uses for greatness. For this understanding, I owe a considerable debt to John Mackey, chief executive of Whole Foods, and Rajendra Sisodia, co-authors of the powerful new book “Conscious Capitalism: Liberating the Heroic Spirit of Business.”

Maximizing returns for shareholders over a given period of time is narrow, one-dimensional and woefully insufficient. In an increasingly complex and interdependent world, a truly great company requires a far richer mix of qualities.

So how about this for a new value proposition?

A company’s greatness is grounded in doing the greatest good for the greatest number of people, and the least harm. It is neither first nor foremost about maximizing short-term return for shareholders. Rather, it is about investing in and valuing all stakeholders - employees, customers, suppliers, the community and the planet - in order to generate the greatest value over the longest term for all parties, including the shareholders.

By that definition, a tobacco company like Altria can never be considered great, no matter how much return it generates for shareholders. The damage the company causes to the world vastly outweighs the value it generates for a few. To be great, a company must add some sort of positive benefit in the world with its products. Similarly, a company that fails to pay its employees a living wage, or to treat them with care and respect, can never be considered great.

Greatness also requires a company to treat its customers with the same care and respect, in part through an unwavering commitment to excellence in the products it produces, and fairness in the prices it charges for them. A great company must also take seriously its continuing responsibility to the communities in which it operates, and to the planet, on whose resources it depends. Above all else, great companies must add more value to the world than they extract.

This is admittedly a high bar, far higher than the one Mr. Collins sets in his books. After 15 years of working with scores of large companies, I have yet to come across one that fully measures up to this high standard. But here is what I find heartening. There are small numbers of Fortune 500 companies making an honest effort to value all stakeholders in a conscious way, and they are consistently and widely outperforming their peers.

In an earlier book, “Firms of Endearment: How World-Class Companies Profit from Passion and Purpose,” Mr. Sisodia, a business professor and researcher, compiled a list of companies that pay and treat employees significantly above average; provide high value and service to customers; do not squeeze suppliers for the lowest possible prices; invest significantly in their local communities; minimize their environmental impact; and do not cite as a primary goal “maximizing shareholder returns.”

Over the 15 year period, 1996 to 2011, the “Firms of Endearment” companies outperformed the Standard & Poor’s 500-stock index by 10.5 to 1. They returned a cumulative 21 percent, while Mr. Collins’s “Good to Great” companies earned an annualized return of just 7 percent during the same period, barely outpacing the broader market.

Here is the inescapable conclusion: When a company truly seeks to take care of all its constituencies, it serves not just the collective good, but also its own long-term best interest.

About the Author

Tony Schwartz is the chief executive of the Energy Project and the author, most recently, of “Be Excellent at Anything: The Four Keys to Transforming the Way We Work and Live.” Twitter: @tonyschwartz



Truly Great Companies Add More Than They Extract

Perhaps no business consultant enjoys higher esteem in the corporate world than Jim Collins. Over three decades, he has sold millions of copies of his books describing the characteristics of what he terms “great” companies.

It is hard not to admire his diligence. Along with a large team of researchers, Mr. Collins spends years gathering evidence and analyzing companies. The primary measure he uses for greatness is how well a company performs for its shareholders over a given period of time. The problem - as we have all been warned - is that past financial performance is no guarantee of future results.

For “Good to Great,” his most successful book, published in 2001, Mr. Collins selected 11 companies as truly elite performers. They included Circuit City (now bankrupt and defunct); Fannie Mae (taken over by the government in 2008 after huge mortgage losses); Pitney Bowes, whose stock has progressively tanked over the last decade; and Altria, the world’s largest tobacco company, which has actually performed well in the marketplace, but earns its revenues almost exclusively from a product that causes five million deaths a year

In “Great by Choice,” published in 2011, Mr. Collins and a co-author, Morten T. Hansen, call out seven companies for “spectacular” results - outperforming the overall stock market and their industry competitors by at least 10 times over a 15-year period. They also set up comparisons with companies in the same industries that performed markedly less well.

The most striking comparison involves Microsoft, which Mr. Collins and Mr. Hansen identify as a great performer, and Apple, which they cite as the comparative laggard. Yes, you read that right. Here’s why: the 15-year period the authors happened to examine was 1987 to 2002.

How could so much research miss the mark by so far?

An obvious explanation is that huge changes in technology in the last decade have redefined what it takes to be successful - elevating factors like the role of disruptive innovation, quickness to market and speed of responsiveness to competitors. What worked for Microsoft in the era that Mr. Collins and Mr. Hansen studied proved to be wholly inadequate to compete with Apple in the era that immediately followed.

But the primary issue, I am convinced, is the definition Mr. Collins uses for greatness. For this understanding, I owe a considerable debt to John Mackey, chief executive of Whole Foods, and Rajendra Sisodia, co-authors of the powerful new book “Conscious Capitalism: Liberating the Heroic Spirit of Business.”

Maximizing returns for shareholders over a given period of time is narrow, one-dimensional and woefully insufficient. In an increasingly complex and interdependent world, a truly great company requires a far richer mix of qualities.

So how about this for a new value proposition?

A company’s greatness is grounded in doing the greatest good for the greatest number of people, and the least harm. It is neither first nor foremost about maximizing short-term return for shareholders. Rather, it is about investing in and valuing all stakeholders - employees, customers, suppliers, the community and the planet - in order to generate the greatest value over the longest term for all parties, including the shareholders.

By that definition, a tobacco company like Altria can never be considered great, no matter how much return it generates for shareholders. The damage the company causes to the world vastly outweighs the value it generates for a few. To be great, a company must add some sort of positive benefit in the world with its products. Similarly, a company that fails to pay its employees a living wage, or to treat them with care and respect, can never be considered great.

Greatness also requires a company to treat its customers with the same care and respect, in part through an unwavering commitment to excellence in the products it produces, and fairness in the prices it charges for them. A great company must also take seriously its continuing responsibility to the communities in which it operates, and to the planet, on whose resources it depends. Above all else, great companies must add more value to the world than they extract.

This is admittedly a high bar, far higher than the one Mr. Collins sets in his books. After 15 years of working with scores of large companies, I have yet to come across one that fully measures up to this high standard. But here is what I find heartening. There are small numbers of Fortune 500 companies making an honest effort to value all stakeholders in a conscious way, and they are consistently and widely outperforming their peers.

In an earlier book, “Firms of Endearment: How World-Class Companies Profit from Passion and Purpose,” Mr. Sisodia, a business professor and researcher, compiled a list of companies that pay and treat employees significantly above average; provide high value and service to customers; do not squeeze suppliers for the lowest possible prices; invest significantly in their local communities; minimize their environmental impact; and do not cite as a primary goal “maximizing shareholder returns.”

Over the 15 year period, 1996 to 2011, the “Firms of Endearment” companies outperformed the Standard & Poor’s 500-stock index by 10.5 to 1. They returned a cumulative 21 percent, while Mr. Collins’s “Good to Great” companies earned an annualized return of just 7 percent during the same period, barely outpacing the broader market.

Here is the inescapable conclusion: When a company truly seeks to take care of all its constituencies, it serves not just the collective good, but also its own long-term best interest.

About the Author

Tony Schwartz is the chief executive of the Energy Project and the author, most recently, of “Be Excellent at Anything: The Four Keys to Transforming the Way We Work and Live.” Twitter: @tonyschwartz



Takeover Offer Raised for Severn Trent

LONDON - A consortium of investment firms raised its bid on Friday for the British water utility Severn Trent, days after the company rejected a previous offer.

The investment group, which includes the sovereign wealth fund Kuwait Investment Authority and the Canadian fund Borealis Infrastructure, offered £22 for each share of Severn Trent, or £5.3 billion ($8.2 billion).

The offer is a 3.5 percent increase from a previous £21.25-a-share bid that the British utility rejected on Monday and includes a 45.51 pence-a-share dividend to investors that Severn Trent’s board proposed last month.

The increased bid is the latest twist in the effort to control Severn Trent, which provides water and sewage services for more than four million customers in England and Wales. The investment firms made an initial offer for the company in May.

A spokesman for Severn Trent declined to comment on the revised offer, though the utility had said the previous bid, which valued the company at $7.7 billion, did not provide value for investors.

On Friday, the investment consortium said the proposed deal was dependent on approval from Severn Trent’s board.

Under British takeover rules, the group has until June 11 to decide whether to put forward a definitive approach for the utility or must walk away from the deal.

Shares in Severn Trent rose 4.7 percent, to £21.14, in afternoon trading in London on Friday.­

Deutsche Bank is advising the investment consortium on the deal, while Rothschild and Citigroup are advising Severn Trent.



Royalty Pharma Raises Its Bid for Elan Again

LONDON - Royalty Pharma sweetened its hostile takeover offer for Elan, the Irish drug company, on Friday for the second time in a month after it failed to get enough support from Elan’s shareholders.

Royalty Pharma increased its offer to $13 for each Elan share from a bid last month of $12.50 a share and an initial offer of $11.25 in February. The revised offer also includes an option for Elan shareholders to receive as much as $2.50 a share extra if the multiple sclerosis drug Tysabri meets certain regulatory approval and sales milestones.

The new offer values the company at $6.7 billion, or $8 billion including the options. Elan had rejected two previous offers by Royalty Pharma as too low and called the approach opportunistic. Royalty Pharma said earlier on Friday that 7.5 percent of Elan’s shareholders had accepted the second offer.

The takeover quarrel intensified earlier this month when Elan sought legal help to fight Royalty Pharma’s approach. Describing Royalty Pharma’s bid as coercive, Elan won a temporary injunction in the United States against the approach. The court is scheduled to meet again next week to decide on the issue.

Elan shareholders are scheduled to gather for an extraordinary shareholder meeting on June 17 to vote on four acquisitions that Elan negotiated after Royalty Pharma’s initial approach. Royalty Pharma has been critical of the value of the transactions and said its offer for Elan would lapse if Elan shareholders approve the transactions.



Through the Eyes of Wall Street Interns

WALL STREET INTERNS, A WEEK IN THE LIFE  |  Grueling hours. Five-figure pay. And, just maybe, the hope of a job offer in the fall. Such is life for summer interns on Wall Street, many of whom began work this week. While their classmates volunteer in Africa or collect extra course credits, a number of college students are trying to get a toehold in the world of finance, where the job market remains bleak.

Even in their first week, interns, known as summer analysts, are already discovering the delights and frustrations of their chosen line of work. Some are showing signs of becoming disillusioned. Others have found solace in swag. And a few have passed the time by taking “selfies.”

GETTING CREATIVE IN TAKEOVER DEFENSE  |  “Elan’s fervent efforts to fight off Royalty Pharma’s $6.4 billion hostile bid are driven by the simple fact that it is relatively defenseless. Blame Ireland,” Steven M. Davidoff writes in the Deal Professor column. “Elan, a developer of drugs and drug-delivery systems, is an Irish company and its stock is listed in Ireland. This means that while it has American depositary receipts listed in the United States, its primary regulator is the Irish Takeover Panel, which administers the Irish takeover code.”

Unlike in the United States, where companies can adopt takeover defenses like a poison pill, such defenses are generally prohibited in Ireland. “Instead, companies are exposed to a hostile takeover and are forced to fight these bids by lobbying shareholders directly. Faced with this difficulty, Elan has had to get creative in order to challenge Royalty Pharma’s bid.”

WHITHER BAILED-OUT BRITISH BANKS?  |  “The archbishop of Canterbury, a former chancellor of the Exchequer and the outgoing governor of the Bank of England are unusual comrades in arms. Yet, the three stalwarts of the British establishment â€" Justin Welby, Nigel Lawson and Mervyn King â€" are all calling for the breakup of the part-nationalized Royal Bank of Scotland,” DealBook’s Mark Scott and Julia Werdigier report.

“They are part of a growing debate in Britain about what to do with the bank and its rival, the Lloyds Banking Group, which received more than $103 billion combined in rescue bailouts during the financial crisis.”

ON THE AGENDA  |  The unemployment report for May is out at 8:30 a.m. Alan Greenspan is on CNBC at 7:30 a.m. Stephen A. Schwarzman, head of the Blackstone Group, is on Bloomberg TV at 11:30 a.m.

RAY LANE’S TAX ISSUE  |  Raymond Lane, the former chairman of Hewlett-Packard, has come under criticism for the disastrous acquisition of the software maker Autonomy. Now, Mr. Lane, a partner emeritus at Kleiner Perkins Caufield & Byers, has another headache: the Internal Revenue Service. According to a report in Bloomberg News, Mr. Lane faces a $100 million tax bill, after the I.R.S. found in December that he participated in a “sham” tax shelter that generated improperly claimed losses to offset income. “As a director, you are being elected for your judgment, and investors have to evaluate how you apply that judgment,” Charles Elson, director of the John L. Weinberg Center for Corporate Governance at the University of Delaware, told the news service. “If you’re a public company director, your entire financial lif is fair game.”

Mr. Lane told Reuters that he had settled the matter, which he said stemmed from a fund that his tax advisers “put him into.”

Mergers & Acquisitions »

London Metal Exchange C.E.O. to Depart After Sale  |  Martin Abbott, chief executive of the London Metal Exchange, plans to leave at the end of the year after the sale to Hong Kong Exchanges & Clearing, Bloomberg News reports.
BLOOMBERG NEWS

More Dissent Is Expected at Wal-Mart  |  Many Wal-Mart investors are asking why more change has not occurred in the wake of the bribery scandal in Mexico. “And those investors view Friday’s annual shareholders’ meeting as another chance to overhaul the giant retailer,” The New York Times reports.
NEW YORK TIMES

PepsiCo Challenges Report on SodaStream Talks  |  PepsiCo denied a report that said it was in talks to buy SodaStream International of Israel, Reuters reports.
REUTERS

SAP Paying Top Dollar in a Buying Spree  |  Europe’s largest software maker, SAP, has been on an acquisition binge over the last 18 months. So far, the deals have made strategic sense, but SAP has been willing to pay a premium, especially for its latest purchase, Hybris, Olaf Storbeck of Reuters Breakingviews writes.
REUTERS BREAKINGVIEWS

Motorola Mobility Says It Reached Settlement With TiVo  |  Motorola Mobility said Thursday that it settled with TiVo ahead of a patent trial that was to start next week. TiVo declined to comment.
ASSOCIATED PRESS

INVESTMENT BANKING »

Why Wall Street Wants a Middling Jobs Report  |  “How could a lot of new jobs be a bad thing? As is frequently the case in the markets these days, the answer goes back to the Federal Reserve,” Nathaniel Popper writes on the Economix blog. “Many investors assume that if Friday’s employment report shows an unexpected spike in new jobs, the Federal Reserve will feel more pressure to step back from its stimulus programs - or, as traders put it, to taper quantitative easing.”
NEW YORK TIMES ECONOMIX

From Blankfein, a Horatio Alger Story for New Graduates  |  In a commencement address at LaGuardia Community College, Lloyd C. Blankfein of Goldman Sachs drew on his own journey - from a housing project in Brooklyn to one of Wall Street’s mightiest firms.
DealBook »

Ominous Sign for Muni Bondholders  |  The bankruptcy of Jefferson County “may serve as a precedent for forcing bondholders to take losses in bankruptcy,” Floyd Norris, a columnist for The New York Times, writes.
NEW YORK TIMES

G.M. Celebrates Milestone, But Acknowledges Work to Be Done  |  The chief executive of General Motors, Daniel Akerson, celebrated the company’s return to the Standard & Poor’s 500-stock index but conceded that the automaker had yet to deliver fully on its promise to build world-class vehicles, The New York Times reports.
NEW YORK TIMES

Japan Pension Fund to Buy More Stocks  | 
FINANCIAL TIMES

PRIVATE EQUITY »

Blackstone in Brazilian Property Deal  |  The Blackstone Group and a partner are set to buy a controlling stake in a subsidiary of Gafisa, a Brazilian home builder, for $1 billion, The Financial Times reports, citing unidentified people familiar with the matter.
FINANCIAL TIMES

HEDGE FUNDS »

Soros Sees Promise in Japanese Stocks  |  After selling much of its position in Japanese stocks in May, Soros Fund Management “returned to the market this week after seeing some signs of stability in the Japanese bond market,” The Wall Street Journal reports.
WALL STREET JOURNAL

TCW Group Bets on Argentine Bonds  | 
BLOOMBERG NEWS

I.P.O./OFFERINGS »

Macau Legend, Casino Operator, Initiates I.P.O.  |  Macau Legend Development is aiming to raise up to $786 million in an initial public offering in Hong Kong, Reuters reports, citing a term sheet.
REUTERS

Facebook to Simplify Options for Advertisers  |  “Instead of presenting a range of ad choices, Facebook will instead ask what the goal of the ad is â€" building a brand image, for instance, or persuading customers to come into a store,” The New York Times writes. “Then it will suggest ad formats that it believes will be effective.”
NEW YORK TIMES

VENTURE CAPITAL »

Europe Still Wrestles With Online Privacy Rules  |  “Because of intense lobbying by Silicon Valley companies and other powerful groups in Brussels, several proposals have been softened, no agreement is in sight and governments are openly sparring with one another over how far to go in protecting privacy,” The New York Times writes.
NEW YORK TIMES

The Tumblr Deal and Entrepreneurs  |  Every upstart technology chief executive is going to try to win the next lottery the way Tumblr did. And about 99 percent will fail, Cliff Oxford writes on the You’re the Boss blog.
NEW YORK TIMES

The Rise of ‘Silicon Bayou’  |  A group of entrepreneurs is trying to make New Orleans into a major tech city, The Verge reports.
THE VERGE

Online Sports Retailer Said to Achieve $3.1 Billion Valuation  | 
WALL STREET JOURNAL

LEGAL/REGULATORY »

UBS Under Widening Investigation for Tax Evasion in France  |  UBS, the target of a widening tax-evasion case in France, was placed under formal investigation on suspicion that it illegally helped French citizens to set up secret accounts abroad.
DealBook »

Criminal Charges Expected in Rate-Rigging Case  |  United States and British authorities “are preparing to bring criminal charges against former employees of Barclays” connected to the scandal over rigging Libor, The Wall Street Journal reports, citing unidentified people familiar with the plans.
WALL STREET JOURNAL

Art Imitates I.R.S., or Vice Versa  |  Another Internal Revenue Service training video has surfaced, this one a thinly veiled parody of the hit television show “Mad Men.”
DealBook »

S.E.C. Freezes Assets of Thai Trader in Smithfield Inquiry  |  The Securities and Exchange Commission froze the assets of a trader based in Bangkok on Thursday, as it investigates a purported insider trading scheme tied to Smithfield Foods’ $4.7 billion sale to a Chinese meat processor.
DealBook »

What Passes for Good Economic News in Europe  |  “Economic figures that would be considered disastrous elsewhere are being held up by many politicians and policy makers as really not so bad at all â€" the first tender shoots of a recovery that is out there somewhere,” The New York Times’s Jack Ewing writes. “Or perhaps not.”
NEW YORK TIMES

Lawsuits Against S.&P. Are Sent to One Federal Court  | 
REUTERS

Despite Tax Rules, Companies Stick With U.S.  |  Two new papers help explain why nearly all new companies with headquarters in the United states choose to incorporate and pay tax here, Victor Fleischer writes in the Standard Deduction column.
DealBook »

Former Interior Secretary Salazar Joins WilmerHale  |  Ken Salazar, who recently stepped down as Interior Secretary, is joining WilmerHale as a partner, the law firm announced on Thursday.
DealBook »

Former Senator Lieberman Joins Kasowitz Benson  |  Joseph I. Lieberman, a onetime vice presidential candidate, will serve as senior counsel at the law firm and will be based in New York.
DealBook »



A Week in the Life of a Wall Street Intern

Grueling hours. Five-figure pay. And, just maybe, the hope of a job offer in the fall.

Such is life for summer interns on Wall Street, many of whom began work this week. While their classmates volunteer in Africa or collect extra course credits, a number of college students are trying to get a toehold in the world of finance, where the job market remains bleak.

Even in their first week, interns, known as summer analysts, are already discovering the delights and frustrations of their chosen line of work. Some are showing signs of becoming disillusioned. Others have found solace in swag. And a few have passed the time by taking “selfies.”

Below is a tour of a week through the eyes of interns.

[View the story "Week 1" on Storify]

UBS Under Investigation for Tax Evasion in France

Paris - UBS, the biggest Swiss bank, is the target of a widening tax-evasion investigation in France, a spokeswoman for the Paris prosecutor’s office said on Friday, an indication that the lender’s problems with the French government are growing.

A French judge on Thursday placed UBS AG, the Swiss parent company, under formal investigation on suspicion that it illegally sold banking services to French citizens that helped them to set up secret accounts abroad, according to Agnès Thibault-Lecuivre, the spokeswoman for the Paris prosecutor’s office. The Swiss bank also was identified as an ‘‘assisted witness,’’ a less serious status, in a concurrent investigation of suspected money laundering and tax evasion, she said.

The expanded inquiry comes just a week after the bank’s local subsidiary, UBS France, was put under formal investigation on similar suspicions. In the French legal system, a formal investigation, sometimes compared to an indictment in the American system, can drag on for years, and does not necessarily lead to charges or trial. An assisted witness is required to answer prosecutors’ questions with a lawyer present, but is thought less likely to ultimately face charges.

Yves Kaufmann Lobato, a UBS spokesman in Zurich, sought to play down the significance of the latest development, noting that the investigation had been the subject of news reports since early last year.

‘‘We will continue working with the authorities in France within the applicable legal framework to arrive at a resolution to this matter,’’ he added, citing a bank statement.

According to a report on Friday in the French newspaper Le Monde, UBS bankers regularly sought to ingratiate themselves into networks of affluent people, mingling at sporting events and concerts in order to seek out possible clients for tax evasion. At least 353 French citizens suspected of evading taxes through UBS have been identified, and the French government has sought administrative assistance from the Swiss government in four cases, the newspaper reported, without citing its source.

The Swiss Federal Finance Ministry in Bern did not immediately respond to requests for comment.

The expanded French investigation comes amid a broad push in the United States and Europe to stop offshore banks from aiding tax cheats. Switzerland - where the secrecy laws punish banks for revealing client data - has been in an uncomfortable spotlight. In France, President François Hollande has made a crackdown on tax evasion a top priority after his former budget minister, Jérôme Cahuzac, was found to have set up secret Swiss and Singapore accounts to hide some of his wealth.

UBS itself has been under international scrutiny since 2008, when the United States Justice Department threatened to indict it for conspiracy to defraud the Internal Revenue Service. UBS eventually agreed to pay a $780 million fine to avoid prosecution, and turned over data on 4,450 client accounts held by suspected American tax evaders.

Obama administration officials followed that case with a broad push to expose all the American accounts hidden behind Swiss banking secrecy laws. With about a dozen Swiss lenders facing the possibility of indictment in the United States, the Swiss government agreed last month on a framework for banks to hand over information on U.S. clients, a deal it hoped would permanently end the threat of U.S. prosecution. That agreement still must be approved by the Swiss legislature.

UBS said on Friday that it ‘‘fully supports the strategy of Switzerland to limit itself to the management of declared assets.’’

‘‘We believe that Switzerland and the countries of the E.U. need to find a solution for the past,’’ according to a statement from the bank. ‘‘This is an industry issue that UBS has taken significant steps to resolve since 2009. UBS does not tolerate any activities intended to help its clients circumvent their tax obligations.’’