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Prison Sentence of Ex-Enron C.E.O. Skilling Cut by 10 Years

The prison sentence of Jeffrey K. Skilling, the former chief executive of Enron who spearheaded the pervasive fraud that destroyed the company, was reduced by 10 years on Friday after a federal judge approved a deal between his lawyers and prosecutors.

Judge Simeon T. Lake III of Federal District Court in Houston, who oversaw Mr. Skilling’s trial in 2006, signed off on an agreement that will decrease his 24-year sentence to 14 years.

The reduction was driven in part by a 2009 federal appeals court ruling that ordered a recalculation of Mr. Skilling’s sentence because of a mistake made by the judge in interpreting the federal sentencing guidelines.

He will now exit prison as early as 2017. Though there is no parole in the federal criminal justice system, Mr. Skilling will most likely receive the standard 15 percent sentence reduction for good behavior and a one-year reduction for completing a substance-abuse treatment program.

“We are relieved that Jeff can now look forward a day when he can come home to his family and friends,” said Daniel M. Petrocelli, Mr. Skilling’s lead lawyer.

In exchange for his reduced sentence, Mr. Skilling gave up about $42 million that will be distributed to victims of Enron’s fraud. He also agreed not to pursue any further legal appeals, including a claim that would have accused the prosecution team of withholding exculpatory evidence.

â! €œThe sentence handed down today ends years of litigation, imposes significant punishment upon the defendant and precludes him from ever challenging his conviction or sentence,” Mythili Raman, the acting assistant attorney general, said in a statement.

Several Enron victims wrote letters to the court protesting Mr. Skilling’s proposed reduced sentence. On Friday, Andrew Stoltmann, a lawyer who represented several victims, criticized the Justice Department for agreeing to the reduction and said it was unacceptable coming on the heels of the lack of prosecutions arising out of the financial crisis.

“By entering into this early release agreement, a clear message will be sent to corporate C.E.O.’s that if you get caught with the hand in the cookie jar, you will get little more than a slap on the wrist,” Mr. Stoltmann said.

Mr. Skilling’s legal team mounted a zealous appeal, seeking to overturn his conviction on a variety of legal grounds. Last year, lawyers for Mr. Skilling said tht he would seek a new trial based on recently discovered evidence.

The case also made its way all the way to the Supreme Court, which in 2010 questioned the use of the “theft of honest services” law that helped convict Mr. Skilling, finding it unconstitutionally vague. But a federal appeals court ruled that there was overwhelming evidence of Mr. Skilling’s guilt, so his conviction was not tainted by the use of that legal theory.

Mr, Skilling, a former consultant at McKinsey & Company, joined Enron in 1990 and led the company’s transformation from a sleepy pipeline operator to a global energy-trading colossus. But he also played a central role in the accounting schemes that masked the company’s debts and weak finances from shareholders and regulators.

The fall of Enron, which at its peak was one of the country’s most admired businesses, cost shareholders billions of dollars and employees their retirement savings. Its demise also ushered in a wave of prosecutions that root! ed out ac! counting fraud at once-highflying companies like WorldCom, HealthSouth and Adelphia Communications.

Prosecutors tried Mr. Skilling alongside Kenneth L. Lay, Enron’s chairman, who was also found guilty. But Mr. Lay died a month after the trial, and his conviction was vacated.

Though the corporate accounting scandals of a decade ago have faded from public view, replaced by the financial crisis and insider-trading scandals, the Enron case still has a hold on the white-collar criminal defense world.

In Las Vegas next week, one of the keynote speakers at the annual conference of the Association of Certified Fraud Examiners is Enron’s former chief financial officer, Andrew Fastow, who will speak about his crimes. Mr. Fastow was released from prison in 2011 after serving a reduced sentence for testifying against Mr. Silling.



Week in Review: Cracking Down on Consultants

Regulator in New York sets tough bank fine. | Regulators are divided regarding consultants. | Consultants may face tighter rein from Albany. | Headhunter for the rich turned on them, says Andrew Ross Sorkin.

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

Sprint Beats Dish’s Latest Bid for Clearwire | Sprint Nextel is hoping to end the fight for an embattled wireless network operator that nonetheless has become the object of a bidding war. DealBook »

  • Dish Network Backs Off Bid to Buy Sprint | The pay-TV provider said that because of new conditions imposed by Sprint Nextel, it would focus on acquiring a stake in Clearwire, a smaller competitor. DealBook »

Deal Professor: Googleâ€s Effort to Skirt Regulation May Invite More Scrutiny | Google may have pushed the boundaries of the law in its Waze deal, but the question is whether the government pushes back, says Steven M. Davidoff. DealBook »

Regulator in New York Sets Tough Bank Fine | The Bank of Tokyo-Mitsubishi UFJ reached a settlement with the top financial regulator for New York State over accusations that it had sent about $100 billion in tainted money through the United States. DealBook »

Britain Prepares to Sell Its Stake in Lloyds and Weighs a Breakup of R.B.S. | Comments by George Osborne, the chancellor of the Exchequer, were the clearest sign yet of the government’s approach to the two bailed-out banks. DealBook »

Weak Bond Trading at Jefferies Prompts Wider Concern | The challenge for Wall Street firms is how to continue to generate fixed-income profits in this environment. DealBook »

Ex-UBS Trader in London Is Charged With Fraud in Libor Case | Tom A.W. Hayes appeared in a court on eight charges of conspiracy to defraud in connection with the London interbank offered rate. DealBook »

  • Britain’s Top Fraud Office Aims to Add Bite to Its Bark | The director of the Serious Fraud Office plans to revive the agency’s reputation with a criminal investigation into the rigging of the Libor. DealBook »

DealBook Column: Headhunter for the Rich Turns on Them | A British recruiter who supplies domestic workers has filed lawsuits against the families of some of the most prominent names in finance, says Andrew Ross Sorkin. DealBook »

Private Equity Firm Tied to New York Pension Scandal Raises $7.7 Billion From Investors | Riverstone Holdings said that it raised its largest fund ever, four years after a settlement over its role in a “pay-to-play” pension fund inquiry. DealBook »

Sony Rejects Call to Divide Its Businesses | Kazuo Hirai rebuffed a renewed push by Daniel S. Loeb to break up Sony’s sprawling empire but saying the company’s board would study the ma! tter. DealBook »

Criticism for Lack of Oversight on Bank Advisers | A warning that there was a risk to the economy in the lax oversight of firms that banks hire to help them comply with federal rules. DealBook »

  • Regulators Are Divided Regarding Consultants | New York’s chief overseer of financial services is moving to crack down on an industry whose power federal agencies rely on and appear to support. DealBook »
  • Consultants May Face Tighter Rein in Albany | New York State’s top financial regulator is said to be preparing to crack down on consultants hired by banks. DealBook »

Ex-Chairman of the F.T.C. Is Set to Join Davis Polk | Jon Leibowitz is the latest among high-ranking government lawyers in Washington to assume a rich position in the private sector. DealBook »

‘Black Skinhead’ | Markets are in turmoil and Benjamin Lawsky is on a tear. What’s a financier to do, but crank up Kanye West and point the Maybach toward the Hamptons. YouTube »



S.E.C.’s New Chief Promises Tougher Line on Cases

By requiring an admission of guilt in some cases, Mary Jo White is pressing for more accountability at financial firms, says James B. Stewart, the Common Sense columnist for The New York Times. Read more »

S.E.C.’s New Chief Promises Tougher Line on Cases

By requiring an admission of guilt in some cases, Mary Jo White is pressing for more accountability at financial firms, says James B. Stewart, the Common Sense columnist for The New York Times. Read more »

Shares in Gogo Slip in Market Debut

After a promising debut, shares in Gogo Inc. have hit some turbulence.

The in-flight Internet service provider’s shares were down significantly in their first day of trading, hitting $15.76 by midafternoon Friday. The company priced its initial public offering Thursday night at $17 a share, the top of its expected range.

Through its stock sale, Gogo raised about $187 million and was valued at almost $1.5 billion.

Though a familiar name to business travelers everywhere â€" it is the leading provider of WiFi on flights by Delta Air Lines, American Airlines/a> and others â€" the company drew some concern among investors and analysts. While Gogo’s revenues have climbed steadily over the past three years, to $233.5 million last year, it has posted losses applicable to its common stock over the same time.

The company now trades on the Nasdaq stock market under the ticker symbol “GOGO.”

Gogo’s offering was led by Morgan Stanley, JPMorgan Chase and UBS.



Mediobanca’s Stake Sales Are a Hopeful Sign for Italy

There are many reasons to worry about Italy’s prospects, but Mediobanca is no longer one.

After nearly seven decades of playing the puppet master of Italian capitalism, the merchant bank that Enrico Cuccia built has announced an official retreat. It is the end of an era.

Though Mediobanca’s power was already much diminished since Cuccia’s death in 2000, the new three-year business plan, unveiled on Friday in Milan, is a clear sign that corporate Italy, if not the state, is reforming.

Mediobanca will divest its holdings in other companies and focus only on retail and investment banking. That means the sale of part of its 13 percent stake of Generali, the insurer; 14 percent of media group RCS; 12 percent of a consortium that controls Telecom Italia; and a 5 percent chunk of Pirelli.

Cuccia founded the bank in 1946 as a bulwark for industrialists against the rising tide of post-war communism in Italy. The time was right for a Mediobanca. Domestic capital was scarce, politicians were skeptical of large private companies and national borders were closed to the free movement of capital.

It worked out well for Mediobanca, largely thanks to Cuccia’s ability to weave a tight net of finance and influence. The bank long stood at the center of Italy SpA. It could engineer mergers and takeovers, often without much concern for minority shareholders. It appointed and fired managers and generally meddled in all manner of financial affairs.

It also worked out well for Italy â€" for a while. Mediobanca helped nurture and fund a reasonably strong industrial economy in a country which had never had large, strong privately owned companies.

However, techniques which were clever and helpful in the 1950! s and 1960s gradually became destructive and corrupt. Mediobanca became a byword for deals and shareholder pacts which unfairly favored insiders. It constructed cascades of holding companies, which allowed it to exert control more than the economic interests it held could justify. By the time Cuccia died, such tactics had helped make Italy a pariah for global investors.

An official acknowledgement that Mediobanca will, to paraphrase Cuccia, count rather than weigh shares, is welcome. If the words are followed by action, Mediobanca will unlock 2 billion euros of capital (after some hefty write-downs, naturally) which it can invest in its own business. It could return to its merchant banking origins, providing funds and expertise to the next generation of Italian entrepreneurs.

Mediobanca’s simplification goes along with a similar back-to-basics at its most important holding, Generali. Mario Greco, the chief executive, is selling some 4 billion euros of assets. He will use the cash to support th insurer’s capital base and international expansion plans. That, combined with Mediobanca’s planned reduction of its stake in the group, should make for a more robust Generali.

The dismantling will create more market discipline. RCS, publisher of the influential Corriere della Sera newspaper, for instance, must convince shareholders considering subscribing to its 421 million euro rights issue that it will make a financial return, not confer them editorial favors. That is a major change.

The old guard assembled around the Mediobanca corporate galaxy was known as “the salotto buono”, the fine drawing room. The salotto will now be shuttered. That leaves many companies unprotected from a takeover, even â€" gasp â€" by foreigners. But the discipline of a more open market will help companies compete better against European and global peers. And at a time when international investment in the country has virtually dried up, a foreign economic invasion is the least of Italy’s worries.

The w! illingness to abandon practices which had long outlived their usefulness should set an example for Italy’s politicians. In the drawing rooms of Rome, there is much talk about the need for reform. There has been some action, but not nearly enough. The political establishment is still prey to the forces of inertia - those rules, regulations and institutions that hold the country back.

It is time to rediscover the capitalistic and innovative forces that united Italy in the 1860s and which gradually turned a poor agricultural and semi-feudal economy into an industrial miracle. In that context, the salotto buono’s dissolution is, indeed, molto buono.

Rob Cox is editor of Reuters Breakingviews. For more independent commentary and analysis, visit breakingviews.com.



Sprint May Be Off the Table, But Dish’s Deal Appetite May Remain

Charles W. Ergen is regarded as one of the wiliest negotiators in the business world. But in a little over a week, Dish Network’s chairman has been dealt two tough hands, at Sprint Nextel and at Clearwire.

Both may pose problems for his apparent dream of transforming Dish from a satellite television company into a bigger wireless services giant. That doesn’t mean that Mr. Ergen is walking away from deal-making altogether.

Dish has clearly signaled that it will walk away from Sprint, after SoftBank of Japan raised its takeover offer for the cellphone service provider to $21.6 billion. The company said on Friday that it would pay back $2.5 billion in recently issued bonds meant to back a Sprint takeover.

And though Dish seemed ready to buy a significant stake in Clearwire as recently as last week with a bid of $4.40 a share, Sprint’s revised offer of $5 a share on Thursday made that prospect seem dicier. With the newly sweetened proposal â€" Sprint’s third bid since last fall â€" roughly 45 percent of Clearwire’s independently h! eld shares are now expected to be tied to that approach.

Dish hasn’t commented yet on the latest counterpunch by its rival. But several analysts expect Sprint’s offer to prevail.

That leaves Mr. Ergen left trying to figure out how to realize his goal of expanding Dish’s purview. With growth in the satellite television slowing down, he has long sought to amass wireless spectrum to get ahead of whatever came next, enduring years of questions as to why he was spending so much on an apparently noncore asset.

Combining with a company like Sprint would have made Dish a strong new competitor to the likes of AT&T and Verizon, offering customers phone service, television and other media contnt, and heaps of speedy data connectivity.

But securing a phone service company is important, since it would give Dish additional negotiating power with phone companies and other equipment providers. Mr. Ergen has said that he is unlikely to build out a cellphone network on his own, once calling it “outside the grasp of reality.”

Many have tried to guess at what Mr. Ergen is trying to do, and like a good professional card player (which he once was), he has kept his hand close to the vest. It’s possible that Dish has a backup plan in mind.

One possibility may be going after the newly enlarged T-Mobile US, which has closed on its merger with MetroPCS to become a newly strengthened low-cost cellphone service provider. Analysts largely believe that the company could eventually play a bigger role in industry consolidation. And it! s majorit! y owner, Deutsche Telekom, has already held discussions with SoftBank about several possible transactions. (Mr. Ergen reportedly held discussions with T-Mobile earlier this year as well.)

Another option for Dish may be continuing to entice other existing wireless service providers into a partnership or deal. Some investors have speculated that the goal may actually be to sell itself, though it’s unclear at the moment.

Mr. Ergen has shown that he’s willing to strike a deal. The question now is what will be his next play.



Morgan Stanley Cleared to Buy Rest of Wealth Management Business

Morgan Stanley plans this month to buy out the remaining stake in the wealth management joint venture it formed with Citigroup in the depths of the financial crisis.

The firm said Friday that it had received regulatory approval to purchase the remaining 35 percent stake in the Morgan Stanley Smith Barney joint venture it did not own for a previously established price of $4.7 billion, which will be paid to Citigroup in cash.

The joint venture was born in 2009, forged from Citigroup’s Smith Barney unit and Morgan Stanley’s counterpart. Citigroup had long identified the brokerage business as a nonessential asset to be sold to free up capital during a difficult time for the bank. For Morgan Stanley, the deal offered controlling interest in the venture and an expanded presence in wealth management as it sought to diversify away from certain trading businesses and into less risky ones, like selling stocks and bonds to retail investors.

“It has been a long journey,” said James Gorman, Mrgan Stanley’s chairman and chief executive, who was visiting family in Australia when he received word of the approval. “It’s nice to see something go from vision to see something actually happen.”

The firm had been waiting for months for the government to grant approval to buy the remaining stake, and the development is an important one for Morgan Stanley, which has made a big bet on wealth management. It expects the deal to close at the end of the month, according to a release on Friday.

Morgan Stanley said it would log a negative adjustment to its capital of about $200 million, reflecting the difference between the purchase price and the brokerage’s carrying value, which will hurt the company’s second-quarter earnings, scheduled to be released in July.

Glenn Schorr, an analyst who covers Morgan Stanley for Nomura, said that while the announcement had been expected, it was symbolic for Morgan Stanley and meant the firm will no longer have to hand over part of the ea! rnings of the business to Citigroup. Mr. Gorman said there were smaller benefits, too. For instance, Morgan Stanley will now control things like trading flow, which were previously shared with Citigroup.

Wealth management can be an attractive business. It requires relatively little capital to operate and brokers tend to generate a steady stream of commissions. It accounts for 42 percent of Morgan Stanley’s revenue, up from just 25 percent in the first quarter of 2008, when earnings were powered by trading operations. The unit, which is led by Gregory Fleming of Morgan Stanley, has been preforming above expectations.

The business has about 17,000 wealth advisers and $1.8 trillion in assets under management. In the most recent quarter, the unit reported revenue of $3.47 billion, up from $3.29 billion in the period a year earlier.

Still, the strategy is not without some risk. Wall Street’s most productive brokers are constantly being poached by rival firms or setting up shop on their ow.. And when these employees leave, they often take their clients. In addition, rising interest rates are likely to dent mortgage origination, an area Morgan Stanley is pushing into. At the same time, though, rising rates will allow Morgan Stanley to generate more income on customer deposits.



Michael Dell Defends His Leveraged Buyout Offer

Michael S. Dell on Friday defended his $24.4 billion bid to buy control of Dell Inc., arguing that an alternative proposal by Carl C. Icahn would severely weaken the computer company.

In a presentation to investors disclosed on Friday, Mr. Dell reiterated his argument that taking Dell private would give the computer maker cover to grow its enterprise software and services business. Keeping the company public while adding on more debt, as Mr. Icahn has demanded, would only hurt that effort.

Mr. Dell agued in the presentation a so-called leveraged recapitalization â€" such as the $14-a-share limited stock buyback program that Mr. Icahn has called for â€" would saddle the company with a highly volatile stock that would worry employees and customers.

“A leveraged recapitalization would leave the company as a widely held public company, with all of the issues that make it more difficult, slower and riskier to accomplish the company’s necessary transformation,” he wrote.

By contrast, having two committed owners â€" himself and the investment firm Silver Lake â€" would provide a stable base for that effort.

Mr. Dell’s presentation will serve as the basis of his presentation to proxy advisers like Institutional Shareholder Services over the next few days. What remains to be seen is whether Mr. Icahn, who is also expected to speak to I.S.S. earl! y next week, will offer a similar defense of his idea.

While Mr. Icahn and another like-minded big investor, Southeastern Asset Management, have repeatedly assailed the management buyout offer as priced far too low, both have been vague about how to finance their own proposal.

Their plan calls on Dell to buy back the shares, with Mr. Icahn disclosing only a $1.6 billion financing commitment from a “major investment bank” and an offer to provide $2 billion of his own money. The rest of the funds is expected to draw upon the company’s existing cash and the sale of its receivables.

The special committee of Dell’s board weighing the company’s sale has criticized Mr. Icahn’s proposal as unworkable, since there is no firm commitment from the billionaire to put his own money at risk.



Mediobanca to Sell Stakes

LONDON - Mediobanca announced plans on Friday to sell stakes in a number of Italian companies for a combined 1.5 billion euros ($2 billion), as the financial giant looks to untangle itself from the country’s struggling corporate sector.

The move, which also will see the Italian bank write down assets worth roughly 400 million euros, includes the sale of part of its stake in the Italian insurance company Assicurazioni Generali and the local telecommunications firm Telecom Italia.

Mediobanca, which was founded during World War II and helped shepherd many of Italian’s largest companies through the subsequent reconstruction, built up large stakes in these businesses, including the automaker Fiat, allowing the bank to voice its opinion on how the companies were run.

Yet in the face of Italy’s economic troubles, Mediobanca is now loking to shed its holdings to bolster its own profitability, and its actions may soon open the door to international investors looking for potential deals.

A sale of the stakes would be a major shift in the country’s corporate sector after decades when Italian companies have held major stakes in each other. While Mediobanca has sold its stake in Fiat, the Italian bank has remained a large shareholder in many of the country’s largest companies.

These corporate cross-shareholdings have come under pressure during the financial crisis, as many of the Italian companies and banks have suffered slowdowns in their revenues because of dwindling domestic growth.

Other countries, including Greece and Spain, have faced similar problems after the countries’ banks have been forced to offload their shareholdings in local companies in a bid to improve their own profitability.

On Friday, Mediobanca said that it would reduce its holding in Generali to 10 percent, from 13 percent by 2016, ! as well as reduce its stake in other Italian companies, including the local publisher RCS Mediagroup.

The bank said the divestments would help refocus its operations on its investment and retail banking units, and its wealth management operations. The strategic overhaul also will see an expansion into international markets, including emerging economies like Turkey and China. The bank said it expected to report a 200 million euro loss in the 12 months ending on June 30 after it had written down the value of some of its assets.

Shares in Mediobanca fell 4.2 percent in afternoon trading in Milan on Friday.

Despite a number of assets coming to the market, Europe’s mergers and acquisitions market continues to trail that of the United States, whose rebounding economy has helped to reignite potential deal activity.

One small ray of light in Europe has been the Continent’s telecoms and cable sector, which has seen a flurry of acquisitions, including the purchase by John C Malone’s Liberty Global of the British cable operator Virgin Media for $16 billion earlier this year.



Sprint Raises Clearwire Bid

SPRINT RAISES CLEARWIRE BID  |  With a new bid for Clearwire, Sprint Nextel is hoping to end a battle that has lasted weeks for the wireless network operator. Sprint raised its bid on Thursday to $5 a share, 47 percent higher than its last proposal and also higher than rival offer from Dish Network of $4.40 a share, DealBook’s Michael J. de la Merced writes. Sprint’s new bid values Clearwire at about $14 billion.

Both Sprint and Dish view Clearwire as the key to transforming their wireless empires. In addition, Clearwire has seemed at times to be part of Dish’s bigger plans to buy control of Sprint itself from an existing suitor, SoftBank of Japan. But on Friday, Dish confirmed it was ending its pursuit of Sprint, saying in a securities filing that it had “dcided to abandon its efforts to acquire Sprint.” That followed an announcement on Tuesday that Dish would not submit a new takeover bid for Sprint.

“The tables have turned,” Softbank’s chief executive, Masayoshi Son, said Friday morning at a shareholders’ conference in Tokyo. “Of course, we cannot let down our guard. But we have taken a big step forward,” he continued. “If all goes as planned, our acquisition should be complete by early next month.”

THE FED’S GLOBAL REACH  |  European markets are bouncing back on Friday after a day of heavy losses on markets around the world. Still, the recent sharp declines in global stock, bond and commodity prices “are demonstrating just how reliant the global economy has become on the monetary policies of the Federal Reserve,” Nathaniel Popper writes in The New York Times. “In the weeks since the Fed’s chairman, Ben S. Bernanke, first indicated that the central bank might start to pare back its support for the economy, markets in Asia, Europe and Latin America have fallen even more sharply than those in the United States, threatening economic growth in many countries.”

While market measures in the United States have declined 4 percent over the last month, a global stock index has fallen more than 6 percent, Mr. Popper notes. “The Fed isn’t just the U.S.’s central bank. It’s the world’s central bank,” said Mark Frey, the chief strategist at the Cambridge Mercantile Group. The selling on Thursday came a day after Mr. Bernanke’s latest comments on the Fed’s plan to wind down its stimulus, a shift that investors fear may come before the global economy is ready.

Mr. Bernanke’s primary audience, the investors who spread the central bank’s decisions through the economy, âœresponded as if the news had been grim,” Binyamin Appelbaum writes in The New York Times. “The call-and-response underscores the complexity of the Fed’s task as it seeks to do more to help the economy, but not too much.”

NEW YORK REGULATOR SETS TOUGH BANK FINE  |  Benjamin M. Lawsky, the top financial authority in New York State, imposed a $250 million fine on Bank of Tokyo-Mitsubishi UFJ, nearly 30 times what the federal government extracted last year, Jessica Silver-Greenberg and Ben Protess write in DealBook. “The bank, which agreed to settle the New York case, was accused of routing 28,000 payments worth about $100 billion on behalf of Iran and other cou! ntries bl! acklisted from doing business in the United States. In contrast, federal authorities at the Treasury Department cited the bank for processing 97 fund transfers, worth about $6 million.” Though the disparity stemmed in part from a legal technicality, the action on Thursday “underscored the gulf between the two regulators.”

ON THE AGENDA  |  Jeffrey Skilling, the former chief executive of Enron, is set to appear in court to hear if his prison sentence will be reduced. Alan Blinder, a former Federal Reserve vice chairman, is on CNBC at 11 a.m. Laszlo Birinyi of Birinyi Associates is on Bloomberg TV at 3 p.m.

ICAHN TAKES TO TWITTER  |  Carl C. Icahn, an outspoken investor in the old-school Wall Street style, has a new, and decidedly high-tech, megaphone. Mr. Icahn is on Twitter, his assistant confimed on Thursday. With the handle @Carl_C_Icahn, the investor, who is 77, posted his first tweet Thursday morning, with a reference to his investment in Dell. The message â€" “Twitter is great. I like it almost as much as I like Dell” â€" prompted its own filing with the Securities and Exchange Commission.

Mergers & Acquisitions »

Senators Urge Additional Review of Smithfield’s Sale to Shuanghui  |  The group of 15 senators wrote a letter to Treasury Secretary Jacob J. Lew, who oversees the Committee on Foreign Investments in the United States, to add the Agriculture Departme! nt and th! e Food and Drug Administration to the agencies reviewing the deal.
DealBook »

Tribune Burned by Its Own Tax Strategy  |  The clever tax strategy devised by the Tribune Company has backfired, Floyd Norris, a columnist for The New York Times, writes. “The company seems likely to have to pay hundreds of millions of dollars in taxes that it would never have owed had it not tried to be so clever.”
NEW YORK TIMES

A.D.M. Looks to Sell Cocoa Unit  |  Archer Daniels Midland is seeking a buyer for its $2 billion cocoa nd chocolate business, The Financial Times reports.
FINANCIAL TIMES

Rosneft to Send $60 Billion of Oil to China  |  The New York Times reports: “The Russian state oil company, Rosneft, intends to sign a major contract to supply China with more than $60 billion of crude oil, a deal that could signal a small shift away from Western Europe toward Asia.”
NEW YORK TIMES

Gazprom of Russia Agrees to Buy Power Plant in Belgium  | 
WALL STREET JOURNAL

INVESTMENT BANKING »

Apple Bondholders Take a Beating  |  After a fall in bond prices, Apple’s sale of $17 billion of debt looks well-timed from the company’s perspective, Joe Weisenthal of Business Insider writes.
BUSINESS INSIDER

Oracle to Leave Nasdaq for the Big Board  |  Oracle, one of the most prominent technology companies listed on the Nasdaq, is defecting to the New York Stock Exchange.
DealBook »

Mercurial Mortgage Rates Expected to Stabilize Soon  |  “It looks like the great American mortgage sale is finally coming to an end,” Nelson D. Schwartz writes in The New York Times.
NEW YORK TIMES

Japanese Trading Firms to Invest $1.5 Billion in Australian Mine  | 
REUTERS

PRIVATE EQUITY »

Rockwood Holdings Said to Cancel Sale of Assets  |  Rockwood Holdings had been in talks with private equity firms to sell its titanium dioxide and performance additives units for between $1.5 billion and $2 billion, but ended the auction after failing to get the offers it wanted, Reuters reports, citing unidentified people familiar with the matter.
REUTERS

Home Depot Outflips Private Equity  |  A buyout consortium looks set to recoup its investment in HD Supply and then some in an upcoming initial public offering. But Home Depot fared even better, Robert Cyran of Reuters Breakingviews writes.
REUTERS BREAKINGVIEWS

HEDGE FUNDS »

Hedge Fund Manager Bets on Stock Crash in China  |  Reuters reports: “Former chess grandmaster-turned hedge fund manager Patrick Wolff is betting on a stock market crash in China, where he says corruption and bad debts have spiraled to dangerous levels.”
REUTERS

Investors Ask to Withdraw More Money From Hedge Funds  | 
! REUTERS

I.P.O./OFFERINGS »

With Video Sharing, Facebook Moves to Match Its Rivals  |  “On Thursday, Facebook introduced its own short-video service, built into Instagram, the popular photo-sharing app that Facebook bought last year,” The New York Times writes. “The move underscores how video has increasingly become critical to companies like Facebook, which is seeking ways to keep its 1.1 billion users entertained and engaged â€" particularly on their mobile devices.”
NEW YORK TIMES

Macau Legend Considers Reducing and Delaying I.P.O.  |  The casino operator Macau Legend Development is considering cutting the size of its planned fund-raising by more than half, amid poor market conditions, The Wall Street Journal reports.
WALL STREET JOURNAL

VENTURE CAPITAL »

Twitter Executive Joins White House  |  Nicole Wong, Twitter’s legal director of products, is joining the Obama administration as deputy United States chief technology officer, The Washington Post reports.
WASHINGTON POST

LEGAL/REGULATORY »

Senator Criticizes Lack of Supervision for Banks’ ConsultantsSenator Criticizes Lack of Supervision for Banks’ Consultants  |  A warning from Senator Sherrod Brown of Ohio that there was a risk to the economy in the lax oversight of firms that banks hire to help them comply with federal rules.
DealBook »

Perelman Company Reaches Another ettlement  |  MacAndrews & Forbes, the holding company of the billionaire financier Ronald O. Perelman, agreed to pay a $720,000 civil penalty to resolve accusations that it violated reporting requirements related to its acquisition of stock in the Scientific Games Corporation.
DealBook »

Regulators Said to Consider Doubling Capital Requirement for Big Banks  |  Bloomberg News reports: “U.S. regulators are considering doubling a minimum capital requirement for the largest banks, which could force some of them to halt dividend payments.”
BLOOMBERG NEWS

! China Central Bank Takes Hard Line as Credit Tightens  |  The New York Times reports: “China’s financial system is in the throes of a cash squeeze as the government tries to restructure the economy and punish speculators, with interbank lending rates spiking on Thursday and bank-to-bank borrowing nearly stalled.”
NEW YORK TIMES

Europe’s Finance Ministers Start Negotiating Rules for Failing Banks  | 
NEW YORK TIMES

Apple Lawyer Says Outcom of E-Book Case Could Hurt Competition  |  The New York Times writes: “In battling the government’s charges that it engaged in e-book price fixing, Apple has warned a judge that what is at stake is not just healthy competition in the book industry, but the way business is conducted between retailers and providers of everything from music to books to movies.”
NEW YORK TIMES

Trustee for Madoff Victims Can’t Sue Big Banks, Court Rules  | 
ASSOCIATED PRESS