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Fluctuations in Currencies Roil Markets

How investors’ retreat from India and Indonesia is playing out.

Lawmakers and central bankers in India, Indonesia, Turkey and several emerging-market economies are scrambling to contain the damage from falling currencies and to keep foreign investors from heading for the exits.

Money has poured out of those economies over the last few weeks, pushing down the prices of a wide array of assets, including stocks, bonds and currencies. On Tuesday, the Indian rupee fell to a record low against the dollar, while the Indonesian rupiah dropped to its lowest level against the dollar since 2009.

In an effort to slow the exodus of foreign money from Turkey, the country’s central bank raised a key interest rate on Tuesday. That came as the Reserve Bank of India announced that it would start buying Indian government bonds later this week to “address the risks to macroeconomic stability.”

“At this point in time I personally see the current government is completely in panic,” said Arvind Singhal, the chairman of Technopak Advisors, a consulting firm in Delhi. The strengthening of the American economy appears to be one of the catalysts for the problems in the emerging economies. A booming United States stock market has been a magnet for investors who might have otherwise invested in overseas stocks.

More important, the American economic recovery is causing the Federal Reserve to reconsider the need for the stimulus measures that have fueled the boom in places like India and Turkey.

Many of these nations fueled their economic growth with an unprecedented flow of money from foreign investors. Those investors, in turn, were encouraged by the low-interest-rate policies of the Fed, which made it easy to borrow money and send it abroad.

Last year, $1.2 trillion poured into emerging economies from around the world, nearly six times the amount going in just a decade ago, according to a report out Tuesday from HSBC.

As the Fed is taking the first steps toward letting rates rise in the United States, investors are pulling back their money. As they do, the local economies worsen, setting off a self-perpetuating cycle of market drops. Mutual funds that hold emerging market bonds, for example, have seen investors pull out money every single week since May, according to the data firm EPFR.

The sell-offs have recalled some of the emerging market crises of previous decades.

Many analysts say they believe that even the most troubled countries are insulated from that sort of economic collapse, but the optimism that was common a few years ago has largely dried up.

“I don’t see any near-term positive indicators out there for investors to start piling back into emerging markets,” said Kevin Daly, who invests in emerging markets debt for Aberdeen Asset Management in London.

The experiences in many emerging markets are the flip side of the economic situation in the United States, where the economic data has been improving.

In the United States, the stock markets closed Tuesday with little change. Both the Standard & Poor’s 500-stock index and the Nasdaq composite index rose modestly, while the Dow Jones industrial average slipped slightly. The S.& P. 500 gained 6.29 points, or 0.4 percent, to close at 1,652.35. The Nasdaq picked up 24.50 points, or 0.7 percent, to close at 3,613.59. The Dow fell 7.75 points, to 15,002.99.

The most acute problems in the emerging markets began in May, when Ben S. Bernanke, the Fed chairman, gave the first signals that the Fed might begin trimming back the bond purchases it had been making to support the economy. Since then, a wide array of global assets have moved in tandem with forecasts of how soon the Fed might slow the bond purchases.

The changes at the Fed, though, have not hit evenly across the developing world. Initially, the hardest hit countries were those that were also exposed to an economic slowdown in China. Australia, which relies heavily on exports of commodities to China, fell sharply earlier in the summer.

The fear that Indonesia may not be able to continue attracting that money helped push the main stock index in Jakarta down 3.2 percent on Tuesday. Over the last month, the index has dropped 11.6 percent.

The most urgent fears have centered around India, where the economy is more than twice as large as Indonesia’s, and where the current account deficit is projected to be more than twice as big this year.

Investors have sold 24 percent of the money they had in Indian bonds since May, according to a Credit Suisse analysis of Indian government figures. All of that money leaving the country makes the national currency, the rupee, worth less.

For ordinary Indians, the falling value of the rupee has quickly made foreign goods more expensive, fanning inflation.

Indian lawmakers have taken a number of steps aimed at stemming the tide of money rushing out of the country. The government has tried to limit the amount of investments Indian companies can make overseas, and has also tried to curtail purchases of gold and silver from abroad. All of these measures, though, have appeared to make the problems worse.

“Initially the government just tried to talk their way through by saying everything is all fine, but it did not work,” Mr. Singhal, the consultant, said. “Then they get into active intervention in the market, but that hasn’t worked either”

Central bankers are in a somewhat difficult position because in order to keep more money in the country and tame inflation, interest rates need to rise. But higher interest rates make it harder for local companies to borrow, potentially limiting economic growth. That is leading to unusual measures like the bond-buying program that the Indian central bank announced Tuesday.

Some Indians are pinning their hopes on the arrival of Raghuram Rajan, a highly regarded University of Chicago economics professor who is set to take over the helm of the Reserve Bank of India in September.

But many economists say they believe that the problems are unlikely to significantly improve before the national elections bring in a new government next year.

“As a patriot, I’d definitely say they should be able to” stabilize the currency, said Ajay Chaturvedi, the founder of a HarVa, an Indian outsourcing firm. “But I don’t think as a finance guy that they’ll be able to.”

In the bond market in the United States on Tuesday, the price of the Treasury’s 10-year note rose 17/32, to 97 8/32. Its yield dropped to 2.82 percent, from 2.88 percent late Monday.



Many Wall St. Banks Woo Children of Chinese Leaders

For more than a decade, Wall Street’s biggest banks have hired the sons and daughters of senior Chinese government officials in the hopes that they can open doors and secure deals in the world’s fastest-growing major economy.

The hirings were not well publicized, but they were no secret. The grandson of former Chinese President Jiang Zemin once worked for Goldman Sachs; the daughter of former Prime Minister Wen Jiabao used to work for Credit Suisse; and in 2006, the son-in-law of Wu Bangguo, then the Communist Party’s second-ranking official, helped Merrill Lynch win a deal to arrange a $22 billion listing of the state-owned banking giant I.C.B.C.

While Wall Street may be familiar with the recruiting of the children of China’s political elite, a new Securities and Exchange Commission investigation has raised the question of whether hiring the children of officials of state-controlled companies crosses a line. The S.E.C. is examining whether JPMorgan Chase tried to win business in China by hiring the children of two senior Chinese officials, in possible violation of American anticorruption statutes.

The focus of the investigation, first disclosed by The New York Times on Sunday, has prompted a scramble among the Hong Kong rivals of the New York bank to assess the potential risks of their own hirings. JPMorgan has not been accused of any wrongdoing and has said it is cooperating with the inquiry.

Many of the major banks declined to comment. But in a series of interviews, bankers and lawyers said the practice of hiring the children of government officials was so widespread that banks competed to see who could hire the most politically connected recent college graduates.

“If you don’t have any of them, you may be at a disadvantage,” said Jeffrey Sun, a lawyer at Orrick, Herrington & Sutcliffe who is based in Shanghai. “For international banks, if you don’t have any of them, it’s difficult for you to get into the circle. You need intelligence. You need access to information. And this is one way to get that. Even though it’s an ‘inconvenient fact’ for most Chinese like me, that’s real life.”

The recruitment of the children of China’s elite has gone on even as Wall Street banks in China have reined in other practices.

In recent years, United States authorities have stepped up enforcement of the Foreign Corrupt Practices Act, which essentially prohibits American companies from giving “anything of value” to a foreign official to win “an improper advantage” in business. As a result, bank employees are usually restricted from paying for the travel, meals or entertainment of Chinese officials.

“I can’t even take a Hong Kong official to a rugby match,” complained one Hong Kong banking employee, who asked not to be named. “It’d be considered a bribe.”

But the investment banks continued to compete to hire the sons and daughters of senior Chinese officials because the practice was considered less risky and was rarely prosecuted, legal experts and Hong Kong bankers say.

Although many of those hired have worked diligently, others have been placed on the payroll with little or no work expected of them.

“Some of them never even come into the office,” said one Hong Kong banker. “But everyone does it. We have lost business as a direct result of some state-owned company boss placing a kid at our rival.”

The practice has flourished partly because there seemed to be a good defense, legal analysts say. Banking is a relationship business, and for global companies, hiring well-connected individuals occurs around the world.

Also, many of the children of senior Chinese officials who get jobs with the major banks are highly educated, with degrees and M.B.A.’s from the world’s top universities.

There is another reason, analysts say, that major Wall Street banks hire this way: proving an investment bank won a deal because of hiring just one individual would be a challenge for regulators in the United States.

“Banks all over the world hire well-connected people to build existing relationships,” said David M. Webb, a former investment banker who is now a corporate governance expert based in Hong Kong. “It’ll be hard to prove there’s a direct connection” to the banks’ winning a particular deal, he said.

Why American authorities are now beginning to look at the hiring of the sons and daughters of senior leaders â€" the so-called princelings â€" is unclear.

Most China-related cases previously brought by the S.E.C. and the Justice Department have involved global companies accused of bribing Chinese officials with gifts, entertainment and travel junkets. In 2007, Lucent settled with the Justice Department over the financing of 315 trips for Chinese government officials to Las Vegas, Disneyland and Universal Studios, among other stops.

In the case of JPMorgan, the S.E.C. has begun a civil inquiry into whether the bank violated United States antibribery laws when its Hong Kong office hired the son of Tang Shuangning, chairman of the state-owned China Everbright Group, and the daughter of the deputy chief engineer of China’s Ministry of Railways, according to a confidential government document reviewed by The New York Times, as well as public records.

After the two were hired, JPMorgan won deals with the China Everbright Group and the China Railway Group, which operated under the influence of the railway ministry. The ministry was broken up this year after a series of corruption scandals.

In a statement on Monday, the China Everbright Group denied there was any wrongdoing when it selected JPMorgan.

The background of the railway official and his family is intriguing.

JPMorgan brought on Zhang Xixi, a Stanford graduate and the daughter of Zhang Shuguang, in 2007. She has since left the bank. Her father, the former deputy chief engineer at the railway ministry, was detained in 2011 on corruption accusations. To date, he has not been prosecuted.

According to records reviewed by The Times, the Zhang family owned a $1 million home in Walnut in Southern California, even though Chinese government officials rarely earn more than $15,000 a year.

Still, United States investigators will need to prove that in hiring Ms. Zhang, JPMorgan directly won business influenced by her father.

“These cases will need to be built on a lot more than simply the fact that a bank hired the relative of a party official,” said William F. McGovern, a former S.E.C. official who is now with the New York law firm Kobre & Kim.

Government investigators, he said, “are likely trolling through internal e-mails and transaction records to find evidence that the hire was part of a corrupt exchange of favors for business. That is no easy task.”

If investigators do turn up evidence that JPMorgan won investment banking business in China directly related to the hiring of the children of two officials, it could shake up the world of finance here in China.



Louis Gerstner III, Son of Ex-I.B.M. Chief, Dies at 41

Louis V. Gerstner III, the son of the former chief executive of International Business Machines, died on Thursday. He was 41.

He died after choking while dining in a restaurant, according to a paid death notice in The New York Times.

Mr. Gerstner served as president of the Gerstner Family Foundation, according to the death notice. The foundation had $94 million in assets as of 2011, according to a tax filing. Mr. Gerstner, “dedicated much of his adult life to providing educational opportunities to underprivileged children,” the death notice said.

Randall Whitestone, a spokesman for the Carlyle Group, the private equity firm where the elder Mr. Gerstner serves as a senior adviser, said that the Gerstner family had nothing to add beyond the death notice.

A graduate of Princeton University and Columbia Business School, Mr. Gerstner worked earlier in his career at the private equity firm Forstmann Little. He was a member of the Young Lions Committee of the New York Public Library.

His father, Louis V. Gerstner Jr., became chief executive of I.B.M. in 1993 and led a turnaround of the then-ailing technology company. Prior to joining I.B.M., he served as a senior executive at American Express and chief executive of RJR Nabisco.

According to his death notice, he is survived by his children, Grace and Olivia; a sister, Elizabeth Gerstner, a neurologist at Massachusetts General Hospital; and his parents. In 1999, he married Mary Gervaise Lawhorne, a fellow Princeton graduate, according to a wedding announcement in The Times.



Before Detroit’s Bankruptcy Proceeds, a Question of Eligibility

The long, painful process for Detroit’s bankruptcy is under way. Among the first questions to be answered is whether Detroit is even eligible to do so.

Unlike corporations that file for Chapter 11 bankruptcy protection, municipalities and other governments seeking to file for Chapter 9 are required to prove that they are eligible. A trial to consider Detroit’s eligibility for bankruptcy is scheduled for Oct. 23, and parties had until Monday to file objections.

Section 109(c) of the Bankruptcy Code sets forth five distinct requirements for filing under Chapter 9. The objections that were filed as of Monday by parties including unions and retirees contested almost all of them.

I think everyone conceded that Detroit was a municipality as required by the statute. But the public employees union did argue that Chapter 9 itself is unconstitutional, despite the fact the Supreme Court upheld an earlier version of Chapter 9 in 1938. The Supreme Court, the union notes, has changed since then.

Still, Detroit has to convince Judge Steven W. Rhodes of Federal Bankruptcy Court that the city is indeed eligible to proceed. While Judge Rhodes ponders the objections - and objections to having a bankruptcy judge even hearing the case - it might be helpful to address two of the most common objections to Detroit’s case that have been raised in the news media.

First is the argument that Michigan’s Constitution prohibits modification of the pensions, and thus prohibits a Chapter 9 filing, where they might be modified.

What Michigan’s Constitution actually provides is that pension benefits “shall be a contractual obligation thereof which shall not be diminished or impaired thereby.” By calling the benefits a contract, the state’s Constitution invokes the federal Constitution, which has a Contracts Clause that prohibits the states from passing any law impairing contracts. The same kind of provision also appears in Article I, Section 10 of the Michigan Constitution.

But the Bankruptcy Code is federal, enacted under the Bankruptcy Clause of the Constitution, and not subject to the Contracts Clause. And, of course, the laws under the federal Constitution override conflicting state laws, including the state Constitution.

The other argument I want to dispatch is the idea that the city’s general obligation bonds are somehow secretly secured. One bond insurance company executive has argued for “legal and moral” priority to these bonds. A bond insurance company would say that, wouldn’t it?

On the moral front, I’m not quite sure what it means to say that this obligation is any more vital than Detroit’s obligation to provide museums, parks and basic services to its residents.

And a promise to raise taxes to support the debt strikes me as just one more promise that Detroit will not be keeping as it works it way through its problems.

Stephen J. Lubben is the Harvey Washington Wiley Chair in corporate governance and business ethics at Seton Hall Law School and an expert on bankruptcy.



Big Miners Adjust to Austere Times

Glencore Xstrata and BHP Billiton sit on opposite sides of the big mining camp. The former is an aggressive trader and opportunistic acquirer of resources, now greatly enlarged after the $44 billion acquisition of Xstrata in May. The latter has spent years cautiously assembling a portfolio of low-cost, large-scale mines. Financial results on Aug. 20 showed both companies girding themselves for a long, slow period for the industry.

Right now, they’re wincing. Glencore Xstrata announced a $7.7 billion write-down on Xstrata’s assets. That non-cash news overshadowed the half year’s underlying profit, which was better than expected. BHP missed financial analysts’ estimates for the second half of its fiscal year, and doubled its bet on a big Canadian potash mine - just as the price of the fertilizer looks set to fall.

Understandably, the London-listed shares of both companies fell more than 3 percent in response in early trading. But the big miners are playing a longer game.

True, Glencore Xstrata’s impairment wiped out just over half the $14.8 billion of goodwill and other intangible assets it booked when the Xstrata deal closed. However, as the deal amounted to exchanging one set of overvalued shares for another, there is no clear economic loss. And the big charge will allow boss Ivan Glasenberg to focus on strategy at next month’s investor presentation. He can boast that the deal will bring more than the anticipated $500 million of synergies. Dividends could rise significantly from 2015 as the company finishes investing in a handful of growth projects.

BHP’s $2.6 billion of additional investment in Canadian potash, meanwhile, looks like a sensible exception to a broader retreat from mega-projects. The Jansen mine, which could cost a total of about $12 billion to build, according to Goldman Sachs, offers BHP a low-cost position in a strategic commodity. BHP has put less appealing investments - including an expansion of its main iron-ore port, and a huge Australian copper and uranium mine - on hold. Cost cutting takes priority.

The short term is ugly, and the peaks of the just ended super-cycle may not be seen again for many years. But both BHP and Glencore are doing the right things. Eventually, reined-in capital investment, more disciplined M&A and more rigorous cost control will bring shareholders some joy.

Kevin Allison is a columnist for Reuters Breakingviews. For more independent commentary and analysis, visit breakingviews.com.



S.E.C. Charges Former Oppenheimer Manager With Misleading Investors

Federal securities regulators on Tuesday accused a former portfolio manager at Oppenheimer & Company of misleading investors about the performance of a fund, a rare enforcement action involving the private equity industry.

The Securities and Exchange Commission contends that Brian Williamson issued quarterly reports and marketing materials that inflated the performance results of an Oppenheimer private equity fund.

“Investors deserve and the law requires honest disclosure about how their investments are valued,” said Andrew J. Ceresney, the co-head of the S.E.C.’s enforcement division. “Williamson improperly lured investors to the private equity fund he managed by providing false and misleading information about the fund’s performance.”

In March, Oppenheimer agreed to pay $2.8 million to resolve its role in the case. But Mr. Williamson is fighting the charges and has hired Andrew J. Levander, a leading criminal defense lawyer with the law firm Dechert, to represent him.

“We are deeply disappointed with the S.E.C.’s decision to bring an enforcement action in this matter,” Mr. Levander said. “In its zeal to pursue cases in the private equity space, the S.E.C. has alleged fraud where none exists.”

In recent years, the S.E.C.’s asset-management unit, which brought the Oppenheimer case, has stepped up its focus on the private equity business. One area of focus has been with how private equity firms value their holdings and calculate performance. Unlike funds that invest in publicly traded stocks, private equity firms own companies whose values can be hard to measure.

Last January, Bruce Karpati, the head of the enforcement division’s asset-management unit, said he was concerned that firms could be propping up returns to impress investors and potential clients.

That, in effect, is the S.E.C.’s charge against Mr. Williamson, who worked at Oppenheimer from 2005 to 2011 and lives in Newtown, Pa. An accountant and lawyer by training, Mr. Williamson, 42, fudged the fund’s performance numbers, the S.E.C. contends.

The fund Mr. Williamson managed â€" the Oppenheimer Global Resource Private Equity Fund I â€" is a so-called fund of funds that invests in a portfolio of other private equity vehicles with holdings in the energy sector. It was a relatively small fund, managing about $100 million for public pension funds, school endowments and others.

Among the S.E.C.’s accusations is that Mr. Williamson reported an internal rate of return â€" a popular performance metric for private equity vehicles â€" that failed to take into account the fees and expenses that the fund paid to the underlying fund managers.

In one instance, the government said, Mr. Williamson altered the Oppenheimer marketing materials and inflated the value of its largest investment â€" Cartesian Investors â€" to $9 million from $ 6 million. Cartesian had provided Oppenheimer with the lower valuation. The phony valuation had a substantial effect on the fund’s performance, in one quarter lifting returns to about 38 percent from about 4 percent, according to the S.E.C.

Cartesian’s sole holding were shares in S.C. Fondul Proprietatea, a company created by Romania to compensate citizens whose property was seized under the former Communist regime.

The legal filing highlights an e-mail that Mr. Williamson sent to a colleague in which he explained the higher valuation for Fondul.

“Big change is the valuation of Fondul - still valued at a discount to par but marked up b/c we now have Franklin Tempalton working on some near term liquidity options,” he wrote, referring to Franklin Templeton, another fund company.

The S.E.C. contends that Mr. Williamson’s e-mail was false and misleading.

In a statement, Mr. Levander, the defense lawyer, noted that today, the valuation of the Romanian company exceeds Mr. Williamson’s earlier valuation that the S.E.C. contends was embellished.



New York State Comptroller to Promote Investments in Silicon Alley

As New York City continues to promote the rise of Silicon Alley start-ups, the state comptroller’s office is doing its part for the cause.

On Tuesday, the office of Thomas P. DiNapoli plans to promote its investments in two technology companies, RebelMouse and CoopKanics, as part of its initiative to invest in New York businesses. (The two transactions were previously disclosed by the companies themselves.)

The investments were made as part of the comptroller’s In-State Private Equity Program, which meant to support native New York businesses while also generating hopefully solid returns. Last year, the comptroller’s office boasted that the program over all had yielded an internal rate of return exceeding 30 percent.

Though the program was created in 1999, Mr. DiNapoli has focused its efforts in recent years on homegrown tech companies, dovetailing with Mayor Michael R. Bloomberg‘s “Made in N.Y.” initiative. It currently has about $278 million invested in New York City start-ups, and since 2011 has set aside an additional $60 million for early-stage investments.

Both deals mentioned in Tuesday’s announcement were made on behalf of the fund by SoftBank Capital, one of the investment firms managing state money as part of the comptroller’s program.

SoftBank led the $10.25 million Series A investment in RebelMouse, gaining a seat on the social networking aggregator’s board. It also participated in the roughly $3 million Series A round for CoopKanics, which hasn’t disclosed much about its plans other than it is focused on mobile.

Both companies have connections to previous investments made through the comptroller’s program. RebelMouse’s chief executive, Paul Berry, formerly worked at the Huffington Post. Another investor in the company, Michael Lazerow, founded the social media specialist advertising Buddy Media, which Salesforce.com bought last year for $689 million.

And the founders of CoopKanics, Jordan Cooper and Doug Petkanics, previously started Hyperpublic, a local information collector that was acquired last year by Groupon.



Glencore Xstrata Takes Write-Down After Merger

LONDON â€" Glencore Xstrata, the mining giant, reported sharply lower results on Tuesday after it wrote down $7.7 billion on the value of assets it acquired as part of the merger that created the company.

BHP Billiton, another big mining company, also reported a drop in profit because of a decline in commodity prices amid slower worldwide demand.

Glencore Xstrata, whose merger this year combined a mining company, Xstrata, with a commodity trading house, Glencore International, said the write-down was due to “residual good will” from the acquisition of Xstrata that “could not be supported.”

The company said it was “reflecting the broader negative mining industry environment” and the greater risk associated with larger expansion projects.

Glencore Xstrata also wrote down $452 million against the value of its nickel operations in Australia, citing the challenging market, and $324 million against the value of its stake in the Russian aluminum producer Rusal because of an accounting standards requirement, bringing the total write-down in the period to $8.47 billion.

Profit in the first half of the year at Glencore Xstrata, based in Baar, Switzerland, fell 39 percent, to $2.04 billion from $3.36 billion in the period a year earlier.

Paul Gait, a mining analyst at Sanford C. Bernstein, noted that even though the write-off was “pretty large,” Glencore Xstrata was right to take it in one stroke.

“It allows the new management to start with a clean slate,” Mr. Gait said. “There’s a huge incentive to take all the medicine up front.”

Ivan Glasenberg, chief executive of Glencore Xstrata, said the company would “remain focused on the disciplined allocation of capital as well as robustly scrutinizing all pre-existing capital plans of the enlarged entity.”

The first-half results were the first set of figures the company reported after the merger, which followed a yearlong battle that forced Glencore to raise its offer for Xstrata after a shareholder revolt over the price. The combined company agreed to buy Viterra, Canada’s largest grain handling firm, for $6.2 billion to expand its presence in agriculture.

To reduce costs, Glencore Xstrata has been reviewing its portfolio and has started to sell some projects. It agreed to sell Joe White Maltings, a maker of malt, a form of barley used in the brewing of beer and other alcoholic drinks, to Cargill earlier this month and has put its Las Bambas copper mine in Peru up for sale.

Shares in Glencore Xstrata fell 3.2 percent in early trading on Tuesday in London.

At BHP, the world’s largest miner, based in Melbourne, Australia, profit for the year ended June 30 fell 30 percent, to $10.9 billion from a year earlier.

Uncertainty about the speed of the economic recovery and weakening demand for key commodities forced many mining companies to focus on reducing costs and holding back on investments.

Many companies in the sector are struggling with relatively high fixed costs after making large investments when metals prices were high between 2009 and 2011. They are also seeking to win back investor trust, which suffered when some shareholders criticized relatively large executive pay and meager shareholder payouts.

Despite plans to reduce costs, BHP said on Tuesday that it would invest $2.6 billion in its Jansen potash project in Saskatchewan province in Canada, one of the world’s biggest potash-producing regions. BHP said it might be looking for partners for the potash venture.

BHP, under its new chief executive, Andrew Mackenzie, has continued with its focus on improving efficiency that started about a year ago. The company said on Tuesday that it expected overcapacity in aluminum and nickel to continue in the medium term but that, over the long term, urbanization and demographics should create demand for commodities in Asia and other markets.

BHP’s shares fell 1.35 percent in Sydney.

Mark Scott contributed reporting.



Barnes & Noble Chairman Drops Bid to Buy Its Bookstores

Barnes & Noble‘s chairman, Leonard Riggio, disclosed in a regulatory filing on Tuesday that he has dropped efforts to buy the company’s bookstores.

The move raises further questions about the bookseller’s future amid its previously announced plans to stop making its Nook line of tablets.

Mr. Riggio first announced his plans to bid for the company’s 675 physical stores in February, in a move that would have essentially split the company in half. It was unclear how much he was willing to pay, but the board had at one point been unwilling to consider anything significantly short of $1 billion.

Since the emergence of Mr. Riggio’s efforts, however, Barnes & Noble has found itself under more pressure. Beyond the end of its Nook tablet business, the company has grappled with a number of disappointing earnings reports and the departure of its chief executive, William Lynch.

“While I reserve the right to pursue an offer in the future, I believe it is in the company’s best interests to focus on the business at hand,” Mr. Riggio said in a statement.



Carlyle Hires G.E. Executive for Power Investment Team

The Carlyle Group said on Tuesday that it had hired Matthew J. O’Connor from General Electric as a new co-head of its power investments group.

It is the latest hire by Carlyle as it expands its energy practice, a sweeping effort that runs from private equity to lending and hedge funds.

Along with current co-head Bob Mancini, Mr. O’Connor will oversee a team built from Cogentrix, a firm that Carlyle acquired last year to both buy and develop power generation businesses. So far, the group is overseeing assets like coal and solar power facilities in Florida, Virginia and California.

At G.E., Mr. O’Connor worked in several roles during his 14 years there, most recently as executive vice president for financing operations at GE Capital‘s aviation services division.

“His experience in the power markets, as well as global lending and strategy across the energy markets, adds important leadership depth and experience to our capabilities as we expand Carlyle’s investment footprint in the power sector,” Mr. Mancini said in a statement.



Morning Agenda: The S.E.C.’s Tougher Stance

The Securities and Exchange Commission has signaled that it was now taking a harder line on securities settlements, as it extracted its first admission of wrongdoing under a new policy, DealBook’s Alexandra Stevenson reports. The S.E.C. said on Monday that the hedge fund manager Philip A. Falcone had agreed to admit wrongdoing and to be barred from the securities industry for at least five years to settle accusations of market manipulation. He and his fund, Harbinger Capital Partners, must also pay more than $18 million.

The deal comes after the S.E.C. had, in a rare move, overruled its own enforcement staff to reject a previous settlement with the hedge fund manager. The original agreement, which had called for a two-year ban from raising new capital and no admission of wrongdoing, “had irritated the S.E.C.’s new chairwoman, Mary Jo White, people briefed on the matter said, and frustrated many others within the agency who saw that deal as too lax,” Ms. Stevenson reports.

The new terms reflect a change that Ms. White outlined this year, aiming to overturn a longstanding policy of allowing parties to settle without admitting or denying wrongdoing. Monday’s agreement sets a potential precedent for the S.E.C.

HIRING THE WELL-CONNECTED ISN’T ALWAYS SCANDALOUS  | An investigation by the Securities and Exchange Commission into whether JPMorgan Chase had hired the children of powerful Chinese officials to help the bank win business “is sending shudders through Wall Street,” Andrew Ross Sorkin writes in the DealBook column.

“If JPMorgan Chase is found to have violated the Foreign Corrupt Practices Act by hiring the children of the elite, then the entire financial services industry is probably in a heap of trouble. Virtually every firm has sought to hire the best-connected executives in China and, more often than not, they are the ‘princelings,’ the offspring of the ruling elite.”

Hiring the children of powerful executives “is hardly just the province of banks doing business in China: it has been a time-tested practice here in the United States.”

OBAMA URGES ACTION ON BANK RULES  | President Obama urged the top financial regulators on Monday to move faster in implementing new rules for Wall Street, telling them in a private meeting that they must work to prevent a repeat of the financial crisis, Michael D. Shear and Peter Eavis report in The New York Times.

“Aides said Mr. Obama also told the regulators that the United States needed a more simplified and certain system of financing housing,” The Times writes. “Administration officials and some lawmakers have expressed frustration that critical parts of Mr. Obama’s overhaul of the financial system, which was voted into law three years ago and is known as the Dodd-Frank Act, remain unenforced as an alphabet soup of federal agencies wrangle over how to adopt it.”

ON THE AGENDA  | 
J.C. Penney, the embattled retailer, reports earnings before the market opens. Best Buy, Saks and Barnes & Noble also report results this morning. Terrence A. Duffy, president and executive chairman of the CME Group, is on CNBC at 4 p.m. Chad Hurley, co-founder of YouTube, is on Bloomberg TV at 6 p.m.

BANKS FALL SHORT IN STRESS TESTS, FED SAYS  | Most big banks appear to have been easily passing the annual “health checkups” they have had to undergo since the financial crisis, DealBook’s Peter Eavis writes. But on Monday, the Federal Reserve identified some shortcomings in the banks’ responses to the checkups, known as stress tests.

“Despite the severity of the recent housing crisis, the Fed said some banks were not taking into account the possibility of falling house prices when valuing certain mortgage-related assets for the tests,” Mr. Eavis writes. “In other cases, banks assumed they would be strong enough to take business away from competitors in times of stress.”

Mergers & Acquisitions »

Blackstone to Sell Stake in Broadgate for $2.7 Billion  |  The Blackstone Group agreed to sell its 50 percent stake in the Broadgate office complex in London for more than £1.7 billion, Bloomberg News reports, citing two unidentified people with knowledge of the deal. BLOOMBERG NEWS

Mitchell International Attracts Private Equity Bids  |  K.K.R. and Warburg Pincus are among the private equity firms in the auction for Mitchell International, a technology company catering to the insurance industry that could sell for up to $1.5 billion, Reuters reports, citing four unidentified people familiar with the matter. REUTERS

How Judge’s Ruling Ends Legal Threat to Dell BuyoutHow a Judge’s Ruling Ends a Legal Threat to the Dell Buyout  |  Carl C. Icahn once threatened “years of litigation” over the Dell buyout, but a judge’s statements on Friday are a vindication for the Dell board and the procedures it put in place, Steven M. Davidoff writes in the Deal Professor column. Deal Professor »

A Trophy Owner Also Familiar With Turmoil  |  While Jeffrey Bezos’s purchase of The Washington Post may be the product of trophy hunting, he has demonstrated the skills needed to navigate tumultuous environments, Victor Fleischer writes in the Standard Deduction column. DealBook »

Statoil Sells North Sea Assets to Austrian Rival  |  Statoil, Norway’s state-controlled oil company, said on Monday that it would sell a package of North Sea assets to OMV, a smaller Austrian producer, for $2.65 billion. DealBook »

CVC Capital Buys Online Payment Company  |  The acquisition of the Skrill Group, which serves about 35 million account holders worldwide, is the third deal in a week for CVC Capital Partners. DealBook »

INVESTMENT BANKING »

Glencore Takes $7.7 Billion Write-Down on Xstrata Assets  |  The announcement came as Glencore Xstrata reported that its profit in the first half of the year fell 39 percent from the period a year earlier. BLOOMBERG NEWS

Bank of America Intern Dies at 21  |  Bank of America said an intern in London, Moritz Erhardt, died on Aug. 15, Bloomberg News reports. The Metropolitan Police in London said the death was being treated as nonsuspicious, according to Bloomberg. BLOOMBERG NEWS

Moody’s U-Turn on Hybrid Bonds  |  It is another reason for companies to issue either debt or equity, or a mix of each, but not something pretending to be the best of both, writes Neil Unmack of Reuters Breakingviews. REUTERS BREAKINGVIEWS

Perella Weinberg Said to Raise $225 Million for Fund  |  Perella Weinberg Partners is still in the process of raising a growth-equity fund that has a target of $400 million, Fortune reports. FORTUNE

PRIVATE EQUITY »

Former C.E.O. of Willis Group Joins K.K.R. as Senior Adviser  |  Kohlberg Kravis Roberts hired Joseph J. Plumeri, a former chairman and chief executive of the Willis Group, as a senior adviser, adding another veteran corporate boss to its roster. DealBook »

Blackstone Said to Seek $5 Billion for European Fund  |  The real estate arm of the Blackstone Group is looking to raise up to $5 billion for a new fund focused on Europe, Reuters reports, citing an unidentified person familiar with the matter. REUTERS

How Blackstone Salvaged the Hilton Deal  |  “For a period Hilton looked like it was on death’s door,” Guy Metcalfe, a real estate banker at Morgan Stanley, told The Financial Times. FINANCIAL TIMES

HEDGE FUNDS »

Bass Bets on a Recovery for J.C. Penney  |  The hedge fund manager J. Kyle Bass has been buying secured loans of J.C. Penney over the last two weeks, Bloomberg News reports, citing an unidentified person familiar with the matter. BLOOMBERG NEWS

Facing Activist Investors, Firms Trade Board Seats  |  Moves by Office Depot highlight a new tactic for companies dealing with activist investors, The Wall Street Journal writes. WALL STREET JOURNAL

I.P.O./OFFERINGS »

Re/Max Files for I.P.O. as Housing Market Continues Upswing  |  Re/Max Holdings, one of the country’s biggest real estate brokerages, filed to go public on Monday, preparing to follow its rival Realogy Holdings onto the public markets. DealBook » | DealBook: To Cover New York, Zillow Buys a Rival Site

Brazilian Airline Shelves I.P.O.  |  The Brazilian airline Azul Linhas Aéreas Brasileiras said it gave up plans to go public because of adverse market conditions. REUTERS

VENTURE CAPITAL »

GoDaddy Buys a Start-Up, Locu, for $70 Million  |  Locu, which is based in San Francisco but was founded out of M.I.T., helps local merchants be discovered online. The deal was worth $70 million in cash and stock, AllThingsD reports, citing unidentified people close to the situation. ALLTHINGSD

LEGAL/REGULATORY »

Former Enron Prosecutor Expected to Be Named to Justice Dept. PostFormer Enron Prosecutor Expected to Be Named to Justice Dept. Post  |  The Justice Department is expected to name Leslie R. Caldwell, former lead prosecutor in the Enron case, as the next head of its criminal division. DealBook »

Oversight Board Faults Broker-Dealer Audits  |  The Public Company Accounting Oversight Board found deficiencies in some audits of brokerage firms. DealBook »

Fannie and Freddie May Be Masking Losses, Watchdog Says  |  The inspector general of the Federal Housing Finance Agency said in a report on Monday that Fannie Mae and Freddie Mac were possibly masking billions of dollars in losses because of delinquent loans on their books, Reuters reports. REUTERS

End of the Options Backdating EraEnd of the Options Backdating Era  |  The string of options-backdating cases showed how difficult it was to prosecute senior executives for corporate misconduct involving arcane accounting issues, Peter J. Henning writes in the White Collar Watch column. White Collar Watch »

Trading Ban for Chinese Firm  |  Chinese regulators have banned Everbright Securities from proprietary trading for three months, Bloomberg News reports. The move comes after erroneous orders placed by the firm caused wild swings on the Shanghai stock market on Friday. BLOOMBERG NEWS



Morning Agenda: The S.E.C.’s Tougher Stance

The Securities and Exchange Commission has signaled that it was now taking a harder line on securities settlements, as it extracted its first admission of wrongdoing under a new policy, DealBook’s Alexandra Stevenson reports. The S.E.C. said on Monday that the hedge fund manager Philip A. Falcone had agreed to admit wrongdoing and to be barred from the securities industry for at least five years to settle accusations of market manipulation. He and his fund, Harbinger Capital Partners, must also pay more than $18 million.

The deal comes after the S.E.C. had, in a rare move, overruled its own enforcement staff to reject a previous settlement with the hedge fund manager. The original agreement, which had called for a two-year ban from raising new capital and no admission of wrongdoing, “had irritated the S.E.C.’s new chairwoman, Mary Jo White, people briefed on the matter said, and frustrated many others within the agency who saw that deal as too lax,” Ms. Stevenson reports.

The new terms reflect a change that Ms. White outlined this year, aiming to overturn a longstanding policy of allowing parties to settle without admitting or denying wrongdoing. Monday’s agreement sets a potential precedent for the S.E.C.

HIRING THE WELL-CONNECTED ISN’T ALWAYS SCANDALOUS  | An investigation by the Securities and Exchange Commission into whether JPMorgan Chase had hired the children of powerful Chinese officials to help the bank win business “is sending shudders through Wall Street,” Andrew Ross Sorkin writes in the DealBook column.

“If JPMorgan Chase is found to have violated the Foreign Corrupt Practices Act by hiring the children of the elite, then the entire financial services industry is probably in a heap of trouble. Virtually every firm has sought to hire the best-connected executives in China and, more often than not, they are the ‘princelings,’ the offspring of the ruling elite.”

Hiring the children of powerful executives “is hardly just the province of banks doing business in China: it has been a time-tested practice here in the United States.”

OBAMA URGES ACTION ON BANK RULES  | President Obama urged the top financial regulators on Monday to move faster in implementing new rules for Wall Street, telling them in a private meeting that they must work to prevent a repeat of the financial crisis, Michael D. Shear and Peter Eavis report in The New York Times.

“Aides said Mr. Obama also told the regulators that the United States needed a more simplified and certain system of financing housing,” The Times writes. “Administration officials and some lawmakers have expressed frustration that critical parts of Mr. Obama’s overhaul of the financial system, which was voted into law three years ago and is known as the Dodd-Frank Act, remain unenforced as an alphabet soup of federal agencies wrangle over how to adopt it.”

ON THE AGENDA  | 
J.C. Penney, the embattled retailer, reports earnings before the market opens. Best Buy, Saks and Barnes & Noble also report results this morning. Terrence A. Duffy, president and executive chairman of the CME Group, is on CNBC at 4 p.m. Chad Hurley, co-founder of YouTube, is on Bloomberg TV at 6 p.m.

BANKS FALL SHORT IN STRESS TESTS, FED SAYS  | Most big banks appear to have been easily passing the annual “health checkups” they have had to undergo since the financial crisis, DealBook’s Peter Eavis writes. But on Monday, the Federal Reserve identified some shortcomings in the banks’ responses to the checkups, known as stress tests.

“Despite the severity of the recent housing crisis, the Fed said some banks were not taking into account the possibility of falling house prices when valuing certain mortgage-related assets for the tests,” Mr. Eavis writes. “In other cases, banks assumed they would be strong enough to take business away from competitors in times of stress.”

Mergers & Acquisitions »

Blackstone to Sell Stake in Broadgate for $2.7 Billion  |  The Blackstone Group agreed to sell its 50 percent stake in the Broadgate office complex in London for more than £1.7 billion, Bloomberg News reports, citing two unidentified people with knowledge of the deal. BLOOMBERG NEWS

Mitchell International Attracts Private Equity Bids  |  K.K.R. and Warburg Pincus are among the private equity firms in the auction for Mitchell International, a technology company catering to the insurance industry that could sell for up to $1.5 billion, Reuters reports, citing four unidentified people familiar with the matter. REUTERS

How Judge’s Ruling Ends Legal Threat to Dell BuyoutHow a Judge’s Ruling Ends a Legal Threat to the Dell Buyout  |  Carl C. Icahn once threatened “years of litigation” over the Dell buyout, but a judge’s statements on Friday are a vindication for the Dell board and the procedures it put in place, Steven M. Davidoff writes in the Deal Professor column. Deal Professor »

A Trophy Owner Also Familiar With Turmoil  |  While Jeffrey Bezos’s purchase of The Washington Post may be the product of trophy hunting, he has demonstrated the skills needed to navigate tumultuous environments, Victor Fleischer writes in the Standard Deduction column. DealBook »

Statoil Sells North Sea Assets to Austrian Rival  |  Statoil, Norway’s state-controlled oil company, said on Monday that it would sell a package of North Sea assets to OMV, a smaller Austrian producer, for $2.65 billion. DealBook »

CVC Capital Buys Online Payment Company  |  The acquisition of the Skrill Group, which serves about 35 million account holders worldwide, is the third deal in a week for CVC Capital Partners. DealBook »

INVESTMENT BANKING »

Glencore Takes $7.7 Billion Write-Down on Xstrata Assets  |  The announcement came as Glencore Xstrata reported that its profit in the first half of the year fell 39 percent from the period a year earlier. BLOOMBERG NEWS

Bank of America Intern Dies at 21  |  Bank of America said an intern in London, Moritz Erhardt, died on Aug. 15, Bloomberg News reports. The Metropolitan Police in London said the death was being treated as nonsuspicious, according to Bloomberg. BLOOMBERG NEWS

Moody’s U-Turn on Hybrid Bonds  |  It is another reason for companies to issue either debt or equity, or a mix of each, but not something pretending to be the best of both, writes Neil Unmack of Reuters Breakingviews. REUTERS BREAKINGVIEWS

Perella Weinberg Said to Raise $225 Million for Fund  |  Perella Weinberg Partners is still in the process of raising a growth-equity fund that has a target of $400 million, Fortune reports. FORTUNE

PRIVATE EQUITY »

Former C.E.O. of Willis Group Joins K.K.R. as Senior Adviser  |  Kohlberg Kravis Roberts hired Joseph J. Plumeri, a former chairman and chief executive of the Willis Group, as a senior adviser, adding another veteran corporate boss to its roster. DealBook »

Blackstone Said to Seek $5 Billion for European Fund  |  The real estate arm of the Blackstone Group is looking to raise up to $5 billion for a new fund focused on Europe, Reuters reports, citing an unidentified person familiar with the matter. REUTERS

How Blackstone Salvaged the Hilton Deal  |  “For a period Hilton looked like it was on death’s door,” Guy Metcalfe, a real estate banker at Morgan Stanley, told The Financial Times. FINANCIAL TIMES

HEDGE FUNDS »

Bass Bets on a Recovery for J.C. Penney  |  The hedge fund manager J. Kyle Bass has been buying secured loans of J.C. Penney over the last two weeks, Bloomberg News reports, citing an unidentified person familiar with the matter. BLOOMBERG NEWS

Facing Activist Investors, Firms Trade Board Seats  |  Moves by Office Depot highlight a new tactic for companies dealing with activist investors, The Wall Street Journal writes. WALL STREET JOURNAL

I.P.O./OFFERINGS »

Re/Max Files for I.P.O. as Housing Market Continues Upswing  |  Re/Max Holdings, one of the country’s biggest real estate brokerages, filed to go public on Monday, preparing to follow its rival Realogy Holdings onto the public markets. DealBook » | DealBook: To Cover New York, Zillow Buys a Rival Site

Brazilian Airline Shelves I.P.O.  |  The Brazilian airline Azul Linhas Aéreas Brasileiras said it gave up plans to go public because of adverse market conditions. REUTERS

VENTURE CAPITAL »

GoDaddy Buys a Start-Up, Locu, for $70 Million  |  Locu, which is based in San Francisco but was founded out of M.I.T., helps local merchants be discovered online. The deal was worth $70 million in cash and stock, AllThingsD reports, citing unidentified people close to the situation. ALLTHINGSD

LEGAL/REGULATORY »

Former Enron Prosecutor Expected to Be Named to Justice Dept. PostFormer Enron Prosecutor Expected to Be Named to Justice Dept. Post  |  The Justice Department is expected to name Leslie R. Caldwell, former lead prosecutor in the Enron case, as the next head of its criminal division. DealBook »

Oversight Board Faults Broker-Dealer Audits  |  The Public Company Accounting Oversight Board found deficiencies in some audits of brokerage firms. DealBook »

Fannie and Freddie May Be Masking Losses, Watchdog Says  |  The inspector general of the Federal Housing Finance Agency said in a report on Monday that Fannie Mae and Freddie Mac were possibly masking billions of dollars in losses because of delinquent loans on their books, Reuters reports. REUTERS

End of the Options Backdating EraEnd of the Options Backdating Era  |  The string of options-backdating cases showed how difficult it was to prosecute senior executives for corporate misconduct involving arcane accounting issues, Peter J. Henning writes in the White Collar Watch column. White Collar Watch »

Trading Ban for Chinese Firm  |  Chinese regulators have banned Everbright Securities from proprietary trading for three months, Bloomberg News reports. The move comes after erroneous orders placed by the firm caused wild swings on the Shanghai stock market on Friday. BLOOMBERG NEWS



Carlyle Hires G.E. Executive for Power Investment Team

The Carlyle Group said on Tuesday that it had hired Matthew J. O’Connor from General Electric as a new co-head of its power investments group.

It is the latest hire by Carlyle as it expands its energy practice, a sweeping effort that runs from private equity to lending and hedge funds.

Along with current co-head Bob Mancini, Mr. O’Connor will oversee a team built from Cogentrix, a firm that Carlyle acquired last year to both buy and develop power generation businesses. So far, the group is overseeing assets like coal and solar power facilities in Florida, Virginia and California.

At G.E., Mr. O’Connor worked in several roles during his 14 years there, most recently as executive vice president for financing operations at GE Capital‘s aviation services division.

“His experience in the power markets, as well as global lending and strategy across the energy markets, adds important leadership depth and experience to our capabilities as we expand Carlyle’s investment footprint in the power sector,” Mr. Mancini said in a statement.



Birst, a Data Analysis Provider, Raises $38 Million in New Round

Birst, a start-up that draws on cloud computing to power its data analysis services, said on Tuesday that it had collected $38 million in a new round of financing. The Series E round was led by Sequoia Capital, an existing investor, and included new investors like Northgate Capital.