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Video: From Particle Physics to the Pentagon

Written By Unknown on Rabu, 03 Desember 2014 | 12.07

BY Natalia V. Osipova | Dec. 2, 2014 | 1:33

Ashton B. Carter, a theoretical physicist and former deputy defense secretary, is President Obama's likely choice to be the next defense secretary.

Related:
  • Article: Obama Is Said to Pick Ashton Carter, Physicist and Ex-Deputy, as Defense Secretary

12.07 | 0 komentar | Read More

The Upshot: Who Will Win the Senate?

Written By Unknown on Selasa, 04 November 2014 | 12.07

For months, we've been tracking the probability of each party controlling the Senate after the 2014 elections. Here's how the chances have changed over time.

Nov 3 Democrats' chance Republicans' chance

State-by-State Probabilities #

To forecast each party's chance of gaining a majority, our model first calculates win probabilities for each individual Senate race. In addition to the latest polls, it incorporates the candidates' political experience, fund-raising, a state's past election results and national polling. More about our methodology.

Overtime, the Orman Factor and Other Assorted Odds #

What are the odds of "overtime" — that Senate control hinges on a December runoff in Louisiana? Or that the elections leave Republicans in control of 54 seats or more? In addition to which party controls the Senate, here are some other interesting outcomes worth following.

Rolling the Dice #

With the state-by-state probabilities in hand, our machine randomly simulates all 36 Senate elections. Give it a try below. The spinners are calibrated to the current probabilities we've calculated for each state. We let the states move together to some extent, but you'll no doubt occasionally see some surprising results — over 20 percent of the time, at least one of the races we call "likely" will be won by the opposite party.

How Many Seats Will Each Party Control? #

We run the above simulation 250,000 times and tally the results. (Don't worry, we don't do it by hand.) The table below shows the outcomes of those simulations. By counting up the simulations that resulted in a Republican majority, we can estimate the probability that they will win a majority in the Senate. Likewise for the Democrats.

How Other Forecasts Compare #

Several other organizations perform similar calculations. Some use similar statistical models; others rely on reporting and knowledgeable experts' opinions. We compile and standardize them every day into one scoreboard for comparison. View all states or see how the ratings have shifted over time.

Recent Changes #

Below, a compilation of the latest shifts in Senate race ratings — both in our model and in others.

Incumbents in Trouble #

Based on incumbent winning percentages in previous Senate elections, we'd expect about three incumbents to lose their seats this year – these are the five most likely to fail to be re-elected.

Make Your Own Forecast #

We let you explore the effect of different assumptions and submit a new forecast every day. Create and share your own forecast.


12.07 | 0 komentar | Read More

In the Village, Ghouls and Zombies Galore

Written By Unknown on Sabtu, 01 November 2014 | 12.07

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12.07 | 0 komentar | Read More

DealBook: Prosecutors See Repeat Offenses on Wall Street

Written By Unknown on Kamis, 30 Oktober 2014 | 12.09

Photo The offices of Standard Chartered bank in London.Credit Facundo Arrizabalaga/European Pressphoto Agency

It would be the Wall Street equivalent of a parole violation: Just two years after avoiding prosecution for a variety of crimes, some of the world's biggest banks are suspected of having broken their promises to behave.

A mixture of new issues and lingering problems could violate earlier settlements that imposed new practices and fines on the banks but stopped short of criminal charges, according to lawyers briefed on the cases. Prosecutors are exploring whether to strengthen the earlier deals, the lawyers said, or scrap them altogether and force the banks to plead guilty to a crime.

That effort, unfolding separately from a number of well-known investigations into Wall Street, has ensnared several giant banks and consulting firms that until now were thought to be in the clear.

Prosecutors in Washington and Manhattan have reopened an investigation into Standard Chartered, the big British bank that reached a settlement in 2012 over accusations that it transferred billions of dollars for Iran and other nations blacklisted by the United States, according to the lawyers briefed on the cases. The prosecutors are questioning whether Standard Chartered, which has a large operation in New York, failed to disclose the extent of its wrongdoing to the government, imperiling the bank's earlier settlement.

Photo A branch of the Bank of Tokyo-Mitsubishi UFJ in Tokyo.Credit Yuriko Nakao/Reuters

New York State's banking regulator is also taking a fresh look at old cases, reopening a 2013 settlement with the Bank of Tokyo-Mitsubishi UFJ over accusations that the bank's New York branch did business with Iran, according to the lawyers who were not authorized to speak publicly.

The regulator, Benjamin M. Lawsky, the lawyers said, is negotiating a new settlement deal with the bank that, if it goes through, would involve a penalty larger than the $250 million it paid last year. Mr. Lawsky suspects that the bank initially played down the scope of its wrongdoing.

PricewaterhouseCoopers, the influential consulting firm that advised the Japanese bank on that case, is also under investigation, according to the lawyers briefed on the matter. The Manhattan district attorney's office is examining whether the firm watered down a report about the bank's dealings with Iran before it was sent to government investigators.

Those developments, not previously reported, are part of a broader revisiting of settlements with some of the world's biggest banks, an effort that has focused on foreign banks but could eventually spread to American institutions.

As reported earlier by The New York Times, prosecutors are also threatening to tear up deals with banks like Barclays and UBS that were accused of manipulating interest rates, pointing to evidence that the same banks also manipulated foreign currencies, a violation of the interest rate settlements. The prosecutors and banks have agreed to extend probationary periods that would have otherwise expired this year.

Photo The offices of PricewaterhouseCoopers in New York.Credit Andrew Renneisen/The New York Times

The reopening of these cases represents a shift for the government, the first acknowledgment that prosecutors are coming to terms with the limitations of how they punish bank misdeeds. Typically, when banks have repeatedly run afoul of the law, they have returned to business as usual with little or no additional penalty — a stark contrast to how prosecutors mete out justice for the average criminal.

When punishing banks, prosecutors have favored so-called deferred-prosecution agreements, which suspend charges in exchange for the bank's paying a fine and promising to behave. Several giant banks have reached multiple deferred or nonprosecution agreements in a short span, fueling concerns that the deals amount to little more than a slap on the wrist and enable a pattern of Wall Street recidivism.

Even now that prosecutors are examining repeat offenses on Wall Street, they are likely to seek punishments more symbolic than sweeping. Top executives are not expected to land in prison, nor are any problem banks in jeopardy of shutting down.

Still, fearing a certain fallout from the new round of scrutiny, banks have bolstered their legal teams. Standard Chartered, for instance, has retained one of the most lauded litigators in the country, Theodore V. Wells Jr., to work on the reopened sanctions case, according to the lawyers briefed on the matter.

The decision to revisit the cases also draws attention to consulting firms that helped shape the original settlements. When determining the extent of wrongdoing at a bank, the government often relies on assessments from consultants that are handpicked and paid by the same bank.

The Bank of Tokyo-Mitsubishi case demonstrated the potential pitfalls of that approach. When Mr. Lawsky made his initial $250 million settlement with the bank last year, the punishment was based partly on an outside consultant's estimate of the illegal dealings. But the New York State regulator has since uncovered emails indicating that the consultant, PricewaterhouseCoopers, watered down the report under pressure from the bank, according to regulatory records.

In August, Mr. Lawsky imposed a $25 million penalty on PricewaterhouseCoopers, which said at the time that the report was "detailed" and "disclosed the relevant facts."

After that settlement, people briefed on the matter said, prosecutors at the Manhattan district attorney's office opened an investigation into the work that PricewaterhouseCoopers did for the Japanese bank, a previously unreported development. Already, the prosecutors have requested the consulting firm's records in the case.

The investigations, the people said, also unearthed emails showing that PricewaterhouseCoopers changed the report not only at the suggestion of the bank, but also at the behest of lawyers working on the bank's behalf. Like many banks caught in the government's cross hairs, the Bank of Tokyo-Mitsubishi turned to Sullivan & Cromwell, an elite law firm as woven into the fabric of Wall Street as the banks it represents. Sullivan & Cromwell also represented Standard Chartered in the bank's 2012 settlement with the Justice Department in Washington and the district attorney's office in Manhattan.

More recently, the government has grown skeptical of the argument that some banks are simply too big to charge, an argument that Sullivan & Cromwell often employs for its clients. That argument was tested in a recent case against BNP Paribas, the giant French bank accused of processing billions of dollars for Sudan and Iran.

At a meeting in Washington this year, a lawyer from Sullivan & Cromwell cautioned prosecutors about the potential fallout from BNP pleading guilty to a crime, according to people briefed on the meeting. To illustrate the concern, the lawyer presented prosecutors with a fake newspaper article reporting that a huge bank had pleaded guilty for the first time in decades. The hypothetical report detailed what regulatory problems could befall the bank if prosecutors did not lower their demands for a fine and take precautions when extracting a plea.

Weeks later, after lowering the fine to $8.9 billion, the prosecutors forced the bank to plead guilty. Far from reporting a crisis, BNP's chief executive that day noted that the bank "will once again post solid results this quarter."

Not every bank will have to plead guilty in future cases. Prosecutors still see benefits from deferred-prosecution agreements, which can require banks to install independent monitors and more broadly overhaul their practices than in the event of a guilty plea.

Lawmakers and other critics, however, contend that the agreements can lack teeth, begetting a pattern of misbehavior.

Since 2001, at least eight big banks have committed further offenses after receiving an initial deferred-prosecution agreement, according to data assembled by Brandon L. Garrett, a University of Virginia law school professor and author of the book, "Too Big to Jail: How Prosecutors Compromise With Corporations."

UBS has reached three deferred or nonprosecution agreements since 2009. On Tuesday, the Swiss bank said it had reached an agreement with the Justice Department to extend by another year a two-year nonprosecution agreement that was scheduled to expire in December.

The cycle of misbehavior is difficult to break.

Regulators and prosecutors blame a culture that prioritizes profit over compliance. And as banks have grown larger, and more international, illegality can stop in one unit of a bank even as it flourishes in another.

Photo Jonathan Ashley, center, and participants of the University of Virginia School of Law's First Amendment clinic.Credit Jay Paul for The New York Times

Standard Chartered is at risk of becoming Exhibit A of corporate backsliding. The Justice Department's criminal division in Washington and the district attorney's office in Manhattan, which settled with Standard Chartered in 2012 over its business dealings with Iran, are exploring whether the bank repeatedly violated that deferred-prosecution agreement.

The bank, which declined to comment for this article, previously said it was "cooperating with all relevant ongoing reviews, requests for information and investigations."

The prosecutors, Leslie R. Caldwell in Washington and Cyrus R. Vance Jr. in Manhattan, have not decided whether to take additional action against the bank. But as an initial step, lawyers briefed on the matter said, they are expected to extend the length of the deferred-prosecution agreement, which would have otherwise expired in December. In an August regulatory filing, the bank acknowledged that the agreement "is likely to be extended."

The prosecutors are questioning whether the bank underestimated the amount of its improper dealings with Iran, according to the lawyers briefed on the matter. In the course of an investigation into another bank, the lawyers said, evidence emerged that Standard Chartered had processed other transactions that it did not relay to the government. And because the 2012 settlement agreement applied only to transactions that had "already been disclosed," the discovery of additional illegal transactions could scuttle the deal.

The prosecutors also took notice of Mr. Lawsky's recent decision to file his second case against Standard Chartered in two years, faulting the bank for breakdowns in a computer system that was supposed to catch suspicious transactions. In August, Mr. Lawsky fined the bank $300 million for the lingering compliance woes, a penalty that came in addition to the $340 million the bank paid Mr. Lawsky's agency in 2012.

It didn't take long for concerns to arise. Just weeks after the bank settled in late 2012, its chairman appeared to violate a provision of the deal that forbade Standard Chartered executives from issuing "any public statement contradicting the acceptance of responsibility."

In a conference call, the chairman referred to the illicit transactions as "clerical errors" — comments he later retracted.

A version of this article appears in print on 10/30/2014, on page A1 of the NewYork edition with the headline: Prosecutors See Repeat Offenses On Wall Street .


12.09 | 0 komentar | Read More

DealBook: Most European Banks Pass E.C.B. Stress Test

Written By Unknown on Senin, 27 Oktober 2014 | 12.07

Photo Headquarters of the European Central Bank in Frankfurt.Credit Fredrik Von Erichsen/European Pressphoto Agency

FRANKFURT — The bulk of Europe's biggest banks would be able to survive a financial crisis or severe economic downturn, the European Central Bank said on Sunday, concluding a yearlong audit of eurozone lenders that is potentially a turning point for the region's battered economy.

The highly anticipated assessment of European banks was intended to remove a cloud of mistrust that has impeded lending in countries like Italy and Greece and has left the eurozone struggling to avoid lapsing back into recession for the third time since the global financial crisis began six years ago.

By exposing a relatively small number of sick banks — only 13 of the 130 big eurozone banks under review — the central bank could make it easier for healthier ones to raise money that they can lend to customers.

Analysts predicted that financial markets would react with relief on Monday to the news that there were no unpleasant revelations about Europe's biggest banks. But some wondered whether the relatively sanguine results meant that the health exam was not tough enough, despite the central bank's promises that the assessments would be rigorous.

The European Central Bank said that 13 banks in the eurozone — including four in Italy and two in Greece — showed shortfalls in their own money, or capital, after a review devised to uncover hidden problems and test their ability to withstand a sharp recession or other crisis. But no major European banks failed the central bank's test.

Contrary to some forecasts, the stress-test results were not likely to force any banks to close. Those deemed having too little capital to protect against risk have two weeks to file plans for raising more, and will then have up to an additional nine months to meet the minimum threshold.

Photo Headquarters of Monte dei Paschi in Siena, Italy. The bank must raise €2.1 billion, the European Central Bank said, the largest of any individual bank covered by the review.Credit Stefano Rellandini/Reuters

"The massive nature of the exercise deserves to be acknowledged," Vítor Constâncio, the vice president of the E.C.B., said at a news conference Sunday. "The results are credible."

The 13 banks that failed the stress test were among 25 that the central bank found had capital shortfalls through the end of 2013, which was the period under review. The total shortfall for those 25 banks was 25 billion euros, or about $31 billion. But a dozen of those banks have since then already raised capital or made other moves to bolster themselves.

"Generally speaking, the absolute number that needs to be raised is not large," said Neil Williamson, co-head of credit research at Aberdeen Asset Management. "There are still plenty of question marks about some banks."

The €25 billion capital shortfall was on the lower end of analysts' estimates. However, the review also uncovered €136 billion in troubled loans that banks had not previously reported. Partly as a result, banks had overvalued their other holdings by €48 billion, the central bank said.

The review was intended to take the same sort of cold-eyed scrutiny to European banks that regulators in the United States gave to the books of American lenders several years ago in the wake of the financial crisis. Experts say that the American regulators, by forcing deficient banks to raise more money to buffer themselves against risk, helped the United States financial system and economy bounce back much faster than Europe's has been able to do.

The assessment also comes as the European Central Bank is about to assume much greater powers for overseeing the biggest banks in the eurozone – more similar to the authority the Federal Reserve wields in the United States. Before taking on that oversight, the European Central Bank was intent on knowing the health of the banks it will regulate.

The biggest effects of the review may be felt in week and months to come, as investors, customers and potential business partners pore over the enormous amount of data that the E.C.B. made available about individual banks. Weaker lenders are likely to face pressure to improve their performance or seek merger partners.

There was immediate speculation that the bank with the largest capital deficit, Monte dei Paschi di Siena of Italy – the world's oldest bank – would seek a buyer. The troubled bank, which has already received a government bailout and tapped investors several times for additional funds, was €2.1 billion short of the money it would need to survive a crisis, the E.C.B. said.

On Sunday, Monte dei Paschi di Siena said that its board of directors had hired UBS and Citigroup as financial advisers to help it define and implement a plan to raise capital and evaluate "all strategic alternatives."

Greece's banking system was also hit hard, with three banks found short of capital at the end of 2013. One, Piraeus Bank, has since raised enough capital to satisfy regulators. The other two are Eurobank, which must raise €1.76 billion, and National Bank of Greece, which must raise €930 million.

But the Greek central bank said on Sunday that because the European Central Bank review did not take into account various restructuring plans the banks have made since the end of 2013, Eurobank and National Bank of Greece were in better shape than those numbers would indicate.

Estimates of what the overall capital shortfall would be had varied widely, from tens of billions of euros to hundreds of billions. Many banks had already begun protectively shoring up their capital. Banks in the eurozone had increased their capital by about €200 billion since the summer of 2013, according to E.C.B. estimates.

Even banks that will not be required by the E.C.B. to raise capital may find themselves under market pressure to do so, especially those that the central bank found had been overly optimistic about the values of their holdings.

The fact that 25 banks had failed the initial test through the end of 2013 had been known since Friday, after a draft of the central bank's report began circulating. But the size of the shortfall and the scope of overvalued assets were not disclosed until Sunday. Nor was it known how many banks would still be considered deficient; Sunday's figure of 13 was higher than the 10 rumored last week.

Results of a parallel review by a second regulator, the European Banking Authority, which included 20 banks in Britain, Sweden and other European Union countries outside the 18-member euro currency bloc, were also announced on Sunday.

The findings were largely in line with the European Central Bank's review. None of the banks that the authority's stress tests found at risk were outside the eurozone. In Britain, the major banks all passed the stress test comfortably.

For the most part, Germany's banks fared well in both reviews, which is crucial because of the outsize role the German economy plays in the eurozone. Deutsche Bank, the country's largest lender, did not have any significant revaluation of its holdings.

Photo HSH Nordbank in Hamburg passed the stress test.Credit Carsten Rehder/European Pressphoto Agency

HSH Nordbank, a lender in Hamburg, Germany, that many analysts had expected to fail because of its exposure to the depressed shipping industry, passed the stress tests. But the results appeared unlikely to put to rest doubts about the bank's ability to survive in the longer term.

"The situation we have of banks without sustainable long-term business models still exists," said Martin Hellmich, a professor at the Frankfurt School of Finance and Management. "There are still serious problems in the banking sector."

French lenders, whose balance sheets account for about 30 percent of eurozone banking assets — second only to Germany's — had an "excellent" showing, Christian Noyer, the governor of France's central bank, said at a news conference Sunday in Paris.

The European Central Bank audit, conducted by 6,000 civil servants and outside consultants, was also a test for the central bank and its ability to handle its new function as supreme bank supervisor for the eurozone.

Previous stress tests by different regulators, which examined fewer banks and relied heavily on information from the banks' national supervisors, were unconvincing because banks that had passed later ran into serious problems.

The audit was a prelude to the creation of a banking union overseen by the European Central Bank, a move that supersedes the Balkanized financial system that has prevailed since the euro currency went into use in 1999.

The central bank will formally become the eurozone's so-called single supervisor on Nov. 4.

Danièle Nouy, who will head the central bank's new regulatory arm, said in a statement that the findings of the review would "enable us to draw insights and conclusions for supervision going forward."

Some pickup in bank lending after the tests is almost inevitable. Bank executives complained that the burden of complying with European Central Bank demands during the review had drained resources and impeded their ability to make loans. Now that the exam is over, they should be able to get back to business.

But if investors and analysts decide that this new test was still too easy for banks to pass, it would be a setback for both the European Central Bank and the eurozone economy.

"On the whole it seems to me that the E.C.B. has passed its own stress test today, " Nicolas Véron, a senior fellow at Bruegel, a research organization in Brussels, said by email. "This exercise appears credible as of now."

"Of course, if new information emerges in the next few weeks that is inconsistent with today's disclosures," he added, "then the E.C.B. will have egg on its face."

Chad Bray contributed reporting from London, David Jolly from Paris and Niki Kitsantonis from Athens.

A version of this article appears in print on 10/27/2014, on page B1 of the NewYork edition with the headline: Just 13 Eurozone Banks Fail Test, in Possible Economic Turning Point.


12.07 | 0 komentar | Read More

Ask Well: Ask Well: How Does Ebola Spread? How Long Can the Virus Survive?

Written By Unknown on Jumat, 24 Oktober 2014 | 12.07

Q. Can I get Ebola from public transportation? As in, if a passenger coughed into their hand and then held onto the pole, and then another passenger held onto that pole and inadvertently wiped their eye?

A. Updated on Oct. 23. | My original answer was simply no. A more nuanced answer is that it is extremely unlikely to spread through public transit.

Many readers have argued that the original answer was inconsistent with some statements by the Centers for Disease Control and Prevention or the World Health Organization. In fact, some C.D.C. and W.H.O. statements are inconsistent with each other and shifting as more questions are raised. The W.H.O. on Monday issued a new Ebola situation assessment entitled "What We Know About Transmission of the Ebola Virus Among Humans."

Starting off my answer with a blanket "No" was wrong. But I would consider it irresponsible to have responded "Yes." Implying that Ebola is caught as easily as flu or colds would be untrue and inflammatory.

It is extremely unlikely for the Ebola virus to spread through public transit for several reasons.

Not all viruses build up to infectious doses in all bodily fluids. Usually, Ebola does not at first make victims cough or sneeze, although someone who also had the flu could, in theory, spray vomitus or blood. Once Ebola invades the lungs, the body will cough to clear them. But passengers that deathly ill are not likely to be on public transit.

According to the recent W.H.O. statement, high levels of Ebola virus in saliva are rare except in the sickest victims, and whole virus has never been found in sweat. The fluids known to build up high viral loads are blood, feces and vomit.

How much virus is needed to cause illness is not exactly known. Viruses differ that way. In any group that shares needles, hepatitis C will spread more readily than H.I.V. because smaller doses infect.

No one has tested Ebola transmission on subways. But no case of transmission to a human from a dry surface has ever been confirmed. The C.D.C. has said there is "no epidemiological evidence" for transmission from hospital surfaces, including bed rails and door knobs – which are as close as a hospital room gets to having a subway pole and a bus handle. A 2007 study cited by C.D.C. experts shows that swabs of 31 surfaces — including bed frames, a spit bowl and a used stethoscope — in a very dangerous environment, an active Ebola ward in Uganda — did not have virus in a single sample.

So how might Ebola be passed on a subway? If someone ejected bloody mucus or vomitus onto a subway pole, and the next passenger were to touch it while it was still wet and then, for some unimaginable reason, were to put those wet fingers into an eye or mouth instead of wiping them in disgust — then yes, it could happen. Similarly, if an extremely ill passenger with high viral saliva loads were to sneeze large, wet droplets directly into the mouth or eyes of another passenger, the infection might be passed. But the influenza route — sneeze to hand to pole to hand to eye — has never been known to happen and is considered extremely unlikely.

Africa is full of overcrowded public transport — buses, minivans and some trains. There are no known instances of transmission in those environments. On July 20, a dying Liberian-American flew to Nigeria and was vomiting on the plane. All 200 people aboard were monitored; none fell ill.

Dr. Craig Spencer, the patient with Ebola currently in isolation in Bellevue Hospital, did ride the subways since arriving in New York on Oct. 14. He rode the A, L and No. 1 trains, according to Dr. Mary Bassett, the New York City health commissioner. Dr. Bassett said Dr. Spencer had been taking his temperature twice a day since he left Guinea. Until Thursday morning, his temperature was normal and he was not experiencing any of the early symptoms of Ebola disease, such as nausea or diarrhea. Ebola experts say the disease cannot be transmitted before the appearance of symptoms.

Q. How long does the Ebola virus live on contaminated surfaces, such as bed sheets, door knobs, etc.?

A. It's different in every set of circumstances. The Ebola virus eventually dries out in the air and dies. It's not like anthrax, which forms a hard capsule around itself and can survive for months or a year. Ebola is a virus that is meant to live inside blood or fluid in your cells. It's not meant to live in the open air, so it dies. A sheet that has wet blood in it is more dangerous than one with dried blood, because by then it would have dried out. There's not one answer, but it is considered to be fairly safe after about 24 hours, certainly in environments that are cleaned regularly like hospitals.

Q. Can a blood test show if a person has the Ebola virus before they are symptomatic?

A. With blood tests that we have now, no. In fact, in order to be fairly certain, you have to have the first symptom, which is a fever, for about three days before there's enough virus coursing around in your blood for the blood test to be accurate.

Q. Many viruses (such as herpes) can be transmitted before a person shows symptoms. Why is that not the case for Ebola?

A. The basic answer is that all viruses are different. In the case of Ebola, you have to get a basic all-over body infection with infected blood and vomit coming out of you before you can pass the disease on to anybody else.

 

More Ebola Stories That May Interest You:

Can You Get Ebola From a Bowling Ball?

Understanding the Risks of Ebola, and What 'Direct Contact' Means

What Are the Chances Ebola Will Spread in the United States?

Ebola Patient's Journey Shows How Global Travel Spreads Disease

Use of Ebola Survivors' Blood as Possible Treatment Gains Support


12.07 | 0 komentar | Read More

First Draft: Steyer Passes Adelson as No. 1 ‘Super PAC’ Donor

Written By Unknown on Selasa, 21 Oktober 2014 | 12.07

Steyer Passes Adelson as No. 1 'Super PAC' Donor

Tom Steyer, the billionaire hedge fund founder who has pledged to spend $50 million of his own money to defeat Republican candidates in Senate and governor's races this campaign cycle, exceeded that mark in September.

Mr. Steyer's "super PAC," NextGen Climate Action Committee, reported on Monday night that it received $15 million from him last month, putting his total contributions to the committee since June 2013 at $55 million.

That makes Mr. Steyer the largest super PAC donor, putting him ahead of the casino magnate Sheldon G. Adelson, who gave $49.8 million to super PACs during the 2012 campaign. More than half of Mr. Steyer's donations to NextGen have come in the previous two months; he also gave $15 million in August.

NextGen has paid for millions in television advertisements and other campaign activities in Senate races, but also has become a donor to environmental organizations and to state committees: In September it sent $5 million to its Florida affiliate and $925,000 to the League of Conservation Voters Victory Fund.


12.07 | 0 komentar | Read More

First Draft: Obama to Vote Monday, and His Ballot Is No Secret

Written By Unknown on Senin, 20 Oktober 2014 | 12.07

Obama to Vote on Monday, and His Ballot Is No Secret

How do you get people to vote early? If you're President Obama, you go home to cast your ballot on the day early voting begins.

Mr. Obama's decision to vote on Monday had been tightly held by White House officials. But he revealed it himself at an event on Sunday night for Gov. Pat Quinn of Illinois, a Democrat who is facing a tough challenge for re-election. Mr. Obama told a raucous crowd at Chicago State University that he would vote the next morning.

And it won't be a secret ballot, either. Mr. Obama pledged to vote for two longtime friends, Mr. Quinn and Senator Richard J. Durbin.

"The first I'm going to do tomorrow is cast my vote to re-elect Dick Durbin and give Pat Quinn four more years as governor," Mr. Obama declared.

No word yet on where he will cast his ballot.


12.07 | 0 komentar | Read More

DealBook: Regulators Are Gauging Health of Europe’s Banks, and the Remedy May Sting a Little

Written By Unknown on Sabtu, 18 Oktober 2014 | 12.07

Photo Europe's new banking overseer, Danièle Nouy, said that investors "will know what is in the balance sheet of European banks." Credit Benjamin Kilb for The New York Times

FRANKFURT — The global market turmoil is a vivid reminder that the European crisis didn't go away — it has just been lying dormant.

One big reason is that authorities never dealt with the dysfunctional banking system. And investors are increasingly concerned that more problems might be lurking in the banks' books.

The European Central Bank is trying to restore confidence with a deep dive into the banks to determine which are in good shape, which need to shore up their finances and which should be shut down. But the results, which are set to be released next weekend, may further rattle the markets if banks unexpectedly have to write down bad loans and quickly raise capital.

Officials say that the short-term pain is necessary to put the European economy back on track. Regulators in the United States forced a similar catharsis on American banks in 2009, helping set the stage for the current recovery.

The fragmented eurozone took a more timid approach. A review in 2011, conducted by another regulator, gave passing grades to banks in Belgium and Portugal that later imploded, casting doubt on the stability of the entire European financial system.

Photo Protesters ahead of an E.C.B. meeting.Credit Alessandro Garofalo/Agence France-Presse — Getty Images

Europe is paying the price. The uncertainty has made it difficult for banks to raise funds, creating a severe shortage of credit in some regions. Since businesses cannot obtain loans to invest in equipment or hire people, growth is at a standstill and unemployment remains high.

The best way to create confidence "is to recognize loans that are bad and write them off, " said William White, the former economic adviser to the Bank for International Settlements, the bank for central banks. The risk in not doing so, he said, is a cycle of stagnation like in Japan.

Doubts, too, persist about whether the European Central Bank president, Mario Draghi, will make the bold moves necessary to revive the moribund economy and combat the deflationary trend. While he has unveiled an aggressive plan to buy bonds and pump money into the economy, details have been limited. That vacuum has only fed market concerns about the weakness in the global economy.

"You could argue the falloff of the eurozone economy is at the epicenter of this," said James W. Paulsen, chief investment strategist at Wells Fargo Asset Management. With the current weakness, investors will now be paying close attention to the verdict of the bank review. "Three or four weeks ago, no one in the U.S. would have cared," he said.

Europe's new banking overseer, Danièle Nouy, has vowed that the E.C.B. bank tests will be tough.

The review is part of a broader effort to create a uniform system of regulation for Europe's biggest banks, replacing a country-by-country patchwork of supervision that the financial crisis exposed as woefully ineffective. The new pan-European regulator, the so-called Single Supervisory Mechanism that will officially take charge on Nov. 4, has the broad powers to curtail risky behavior and impose penalties.

The head of the group, Ms. Nouy, a lifelong civil servant steeped in esoteric banking rules, has been on a hiring spree, helping expand a small army of civil servants and outside consultants to scrutinize banks' books. An estimated 6,000 people are involved in the review.

Compared with previous efforts, the E.C.B is taking a more comprehensive look, sifting through about 135,000 loan files at 130 of the largest banks in the eurozone as well as Lithuania, which will become the 19th country in the currency union next year. That amounts to 85 percent of banks' outstanding loans and other assets, according to the E.C.B.

The banks will also undergo a so-called stress test to see if they could withstand a major recession, bond market panic or other adverse situation. The E.C.B. has deliberately kept some of the methodology secret, to prevent banks from trying to manipulate the results.

Investors "will know what is in the balance sheet of European banks," Ms. Nouy said in an interview. "I am totally confident about that."

The main goal is to expose so-called zombie banks, lenders that have covered up deep problems by issuing new credit to troubled borrowers rather than allowing them to default. Lenders in Italy, Greece and Portugal are under scrutiny, given the weakness in those countries. Banks with a heavy concentration in certain industries, like commercial real estate, also face pressure.

For example, HSH Nordbank, a lender in Hamburg, has been hit hard by huge loans it made to the depressed shipping industry. The bank's position is considered particularly perilous because its options are limited if the E.C.B. finds a capital shortfall. HSH does not have a stock market listing, so it cannot sell additional shares, a standard way to raise more money.

HSH Nordbank declined to comment. But a person with knowledge of the E.C.B. examination said the bank had enough capital to pass the asset quality review.

Pressure from E.C.B. auditors has already helped uncover grave problems at one bank, Banco Espírito Santo in Portugal, which collapsed in August in the face of fraud accusations. The specter of E.C.B. scrutiny has also prompted a scramble for new capital to provide bigger cushions against potential shocks. Banks including Deutsche Bank of Germany and Monte dei Paschi di Siena of Italy have raised 200 billion euros, or $256 billion, since last summer, according to an E.C.B. estimate.

To truly clean up the system, Ms. Nouy and the rest of the E.C.B. have to be willing to force some harsh medicine on the banks — and come to a consensus on those decisions. That hasn't always been easy, at least based on Cyprus's experience.

By 2013, the E.C.B. had approved more than €9 billion in loans made by the country's central bank to its second-largest financial institution, Cyprus Popular Bank. The money flowed to the institution, which later changed its name to Laiki Bank, despite objections by one top official who said it was insolvent, according to previously undisclosed minutes of meetings held by the E.C.B.'s decision-making arm.

Photo Protesters outside Greece's Parliament.Credit Louisa Gouliamaki/Agence France-Presse — Getty Images

The minutes, which cover E.C.B. governing council meetings from May 2012 to January 2013 and were reviewed by The New York Times, highlight stark divisions between Germany, an economic powerhouse, and other countries. The head of the Cyprus central bank at the time, Panicos Demetriades, said that letting Laiki fail risked a larger market panic. His colleagues — save for Jens Weidmann, the hawkish head of Germany's Bundesbank — agreed.

Mr. Weidmann said that the value of Laiki's collateral had been inflated and exposure should be reduced, according to the minutes. Providing money to Laiki, he said, would violate a core tenet of the E.C.B.

"It was not the governing council's job to keep afloat banks that were awaiting recapitalization and were not currently solvent," Mr. Weidmann said at a meeting in December 2012.

Two months later, Laiki folded.

In a statement, the E.C.B. noted that such aid was the responsibility of national central banks, although the central bank's governing council retains veto power. The E.C.B. said it was not acting as bank supervisor and "fully relied on the assessment of the Central Bank of Cyprus."

"To draw conclusions about the E.C.B.'s future banking supervision role" based on the Cyprus aid "is tendentious," the central bank said in a statement.

Ms. Nouy, who began work at the E.C.B. on Jan. 2, after the Cyprus episode, said the central bank was now better equipped to deal with troubled banks.

Photo Laiki Bank, the second-largest financial institution in Cyprus, was wound down as part of a bailout agreement in 2013.Credit Yiannis Nisiotis/Reuters

The E.C.B.'s new powers will allow it to intervene in bank management in ways it could not during the Cyprus crisis. The E.C.B. would be able to block a bank from paying dividends to shareholders and use the money to build up capital. A new central authority, which will start taking effect next year, will also provide a less disruptive process for winding down banks and selling off assets.

"What is different this time is that we are much better equipped," Ms. Nouy said. "When there are crises, we will be able to organize the closure of a bank in an orderly fashion without creating domino effects."

"I'm sure that all those measures are making the financial sector safer," Ms. Nouy said. "But," she added, "I am not promising that there will not be banking crises anymore."

Jack Ewing reported from Frankfurt and Landon Thomas Jr. from New York.


12.07 | 0 komentar | Read More

DealBook: Calm Returns to Wall St., but Europe Remains a Worry

Written By Unknown on Jumat, 17 Oktober 2014 | 12.07

Updated, 8:10 p.m. |

For a day at least, Wall Street was able to work through its worries about the world economy.

After Wednesday's mayhem, stock markets around the world mostly stabilized on Thursday. The Standard & Poor's 500 benchmark of American stocks recovered from an early slump to close ever so slightly higher, at 1,862.76.

The Nasdaq composite index rose 2.97 points, or 0.05 percent, to 4,217.39, while the Dow Jones industrial average fell 24.50 points, or 0.15 percent, to 15,117.24.

Most European markets, which were hit particularly hard on Wednesday, fell again, but ended up off their lows.

The yield on the 10-year Treasury climbed after dipping below the psychologically important 2 percent mark for the second consecutive day.

In recent years, investors have piled into Treasuries during times of stress, so the small increase in the yield, to 2.15 percent, from 2.13 percent late Wednesday, was a sign that investors had shed some of their nerves. The price on the 10-year Treasury note fell 7/32, to 101 31/32.

Photo A New York Stock Exchange trader on Thursday. The S.&P. 500-stock index closed at 1,862.76.Credit Timothy A. Clary/Agence France-Presse — Getty Images

As some calm settled on Wall Street, some executives wondered whether fears about the global economy — which prompted some of the frantic selling in recent days — might be overdone.

"In speaking with our economists only yesterday," Harvey M. Schwartz, chief financial officer of Goldman Sachs, said on a conference call on Thursday, "they would argue that nothing has fundamentally changed in the past two weeks, or certainly the last 24 hours, regarding the long-term outlook for the global economy."

But it is not clear that the world's biggest economies have enough momentum to please markets.

The exception might be the United States economy. After a handful of uninspiring economic releases on Wednesday, two strong ones came out on Thursday, including a low number for people claiming unemployment benefits. In addition, James Bullard, the president of the Federal Reserve Bank of St. Louis, suggested that the Federal Reserve could consider delaying the end of its bond-buying stimulus program.

Average for some Federal Home Loan Mortgage Corp. securities.

But investors' fears focus on Europe, where it is not clear that policy makers will reinvigorate the region's wheezing economy.

On Thursday, the European Union said that inflation in the 18 countries using the euro had fallen to 0.3 percent in September, its lowest level in five years. Spain, Italy and Greece actually had deflation.

Falling prices are considered troubling because they can feed on themselves and deepen an economic malaise.

"Europe faces the risk of a prolonged period of substantially below-target inflation or outright deflation," the United States Treasury Department warned on Thursday in a semiannual report to Congress.

Many economists believe an emphatic response is necessary to reverse deflation. The European Central Bank has two substantial stimulus programs in place to induce bank lending. But some economists want the central bank to go one big step further and print money to buy large amounts of government bonds, a policy that the Federal Reserve pursued in earnest in the United States.

While such stimulus has left trillions of dollars idling in American banks, it nevertheless seems to have the effect of sending a clear signal that the government is determined to bolster the economy, which can then persuade businesses and consumers to spend.

Even so, resistance in Germany to government bond buying is strong. That may delay the European Central Bank from doing it — or prevent it altogether. The German skeptics say that aggressive monetary policies like bond buying simply cannot solve the impediments to growth that they perceive to exist in countries like Spain and Italy.

Hans-Werner Sinn, president of the Ifo Institute for Economic Research in Germany, contends that wages in the peripheral European countries rose to unsustainably high levels in the years before the sovereign debt crisis and that while they have fallen, they still need to fall further. He noted that Spanish manufacturing wage costs are about 23 euros per hour, versus seven euros for Poland.

"They are more than three times as expensive," Mr. Sinn said.

The Germans have taken to the courts to stop the European Central Bank from carrying out government bond buying, asserting that it would fall afoul of a European Union treaty.

Some economists still believe that Europe can make it out of its difficult patch without government bond buying. They, for instance, expect a boost from the regulatory tests at European banks to determine whether they have sufficient capital.

The so-called stress tests, whose results are scheduled to come out later this month may have temporarily distracted and deterred European bankers from stepping up their lending. And if the tests are seen to be credible, they could bolster confidence in the region as a whole.

"The stress tests are a tool that worked in U.S. and they will work in Europe," said Markus Schomer, chief economist at PineBridge Investments.

But to others, Europe is not strong enough to wait to see if things like stress tests and efforts to bolster economic competitiveness can revive the region. At the very least, according to this view, government bond buying could significantly guard against the risk of deflationary slump.

"Yes, there is a belief that the E.C.B. will act if necessary, but the question is how bad things have to get before it does so," said Mark H. Haefele, global chief investment officer at UBS's wealth management unit.

A version of this article appears in print on 10/17/2014, on page B7 of the NewYork edition with the headline: Calm Returns to Wall St., but Europe Remains a Worry .


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DealBook: Steep Sell-Off Spreads Fear to Wall Street

Written By Unknown on Kamis, 16 Oktober 2014 | 12.07

Photo Traders at the New York Stock Exchange on Wednesday.Credit Lucas Jackson/Reuters and Justin Lane/European Pressphoto Agency

Updated, 9:10 p.m. | The party is over.

Waves of nervous selling buffeted the stock market in the United States on Wednesday, after a steep sell-off in Europe. At one point, the Dow Jones industrial average had plunged 460 points, or 2.8 percent, though it later swung higher to close down 1.1 percent, or 173.45 points. The Standard & Poor's 500-stock index fell 0.8 percent, or 15.21 points. Since their peak a month ago, American stocks have lost over $2 trillion in value, losses that may ripple through the wider economy.

"It was a roller coaster, and I think you will have these wild price movements for a few more weeks," said Peter P. Costa, a top executive at Empire Executions, a trading firm on the floor of the New York Stock Exchange.

Dizzied by the turmoil, Wall Street experts agreed on one thing: The jarring day showed that fear had finally returned to markets that had become disconcertingly complacent.

"I think what is good is that it finally felt scary today," said James W. Paulsen, chief investment strategist at Wells Capital Management. "Prior to today, all the commentary was that this was a refreshing pause, but that's not what you are going to read tomorrow."

The steep plunges on Wednesday also signaled something more serious to other analysts and investors. They fear that governments and central banks have failed to anticipate a recent weakening in the global economy — and that policy makers may now struggle to prevent their economies from stalling. As a result, the faltering global recovery after the 2008 financial crisis may now be in jeopardy, particularly in Europe.

Speaking to investors on Wednesday, Laurence D. Fink, the chief executive of BlackRock, the $4.5 trillion asset management company, underscored the concerns that Europe could sink into recession and the European Central Bank might have limited ability to do anything about it. "Investors are questioning the E.C.B.'s efforts to stabilize the European economy," Mr. Fink said.

"We need a more expansionary fiscal policy from Germany," he added in an interview, expressing a widespread worry that Europe's economic powerhouse was not doing enough to stimulate growth by increasing government spending.

European stocks were particularly hard hit on Wednesday, with Italian shares diving more than 4 percent. The German and French stock markets both fell by nearly 3 percent.

As is often the case in times of stress, investors sought relative safety in government bonds, pushing their yields — which move in the opposite direction from their prices — sharply lower. The drop in the yield on the 10-year Treasury note, a benchmark for many interest rates, was particularly stunning in its size and speed on Wednesday morning. Its yield fell the most since March 2009, tumbling below 2 percent, before rising later in the day to 2.13 percent, from 2.20 percent late on Tuesday.

In other markets on Wednesday, the dollar was weaker against most major currencies, while crude oil regained some ground after a slide had the price flirting with $80 a barrel.

The Chicago Board Options Exchange's index of volatility, known as the Vix and sometimes referred to as "the fear index" of the stock market, surged on Wednesday to its highest level since 2011.

Much of the selling in United States stocks, traders said on Wednesday, was driven by hedge funds unloading big holdings in benchmark stocks that for most of the year have had strong returns. With the end of the year approaching and markets falling rapidly, these momentum investors turned tail.

What caused the sudden rally in the stock market just before 1:30 p.m. is not clear. But it may have been fueled in part by a report from Bloomberg News saying that Janet L. Yellen, the chairwoman of the Federal Reserve, had expressed confidence about the United States economy at a closed meeting in Washington last weekend. The Fed is winding down its monetary stimulus program.

Photo A trader outside the New York Stock Exchange on Wednesday. The Dow Jones industrial average lost 1 percent, or 173.45 points.Credit Spencer Platt/Getty Images

Adding to the nervousness, Walmart Stores, often a barometer for the American economy, on Wednesday lowered its sales forecast for its current fiscal year. An announcement of a third case of Ebola in Dallas injected its own sinister chill and put downward pressure on airline stocks. And the early sell-off in the market came after unexpectedly anemic economic releases in the United States.

Still, a good share of the worries were focused on Europe. The growing worry is that the European Central Bank and governments in the region may have been badly caught out by recent signs of a slowdown there.

On Wednesday, for the first time in months, there was a sell-off in eurozone government bonds, led by Greece but including Italy and Portugal as well.

This has led to calls for the European Central Bank to do more. In particular, some analysts want the central bank to buy large amounts of government bonds, a stimulus measure that the Federal Reserve employed.

But in Germany, Europe's largest economy, there is considerable resistance to that idea. The opposition is often rooted in the belief that southern European nations have not yet made their economies sufficiently competitive. As a result, according to this view, bond buying would do little to help some of the struggling European countries.

"You cannot solve this problem with monetary or fiscal policy measures," Hans-Werner Sinn, president of the Ifo Institute for Economic Research in Germany, said in an interview. "It is a different disease, so we need a different medicine."

Despite the red on trading screens, some stock market experts saw reasons to be hopeful.

The jitters, for instance, have come just as companies in the United States are reporting their third-quarter earnings. If they report surprisingly strong profits, investors might be tempted to pile back into the market.

"Everyone is hoping for the white knight to come, which is earnings," said Howard Silverblatt, senior index analyst with Standard & Poor's. Over 130 large companies report earnings next week, he noted.

The S.&P. 500-stock index is now down 7.4 percent from its peak in September, leaving it up 0.76 percent this year. The last time United States stocks declined 10 percent or more from their previous peak — called a correction in Wall Street parlance — was in 2011, when Europe's economic and financial woes loomed large.

Some stock market experts thought Wednesday's action might at least be the start of a cathartic selling splurge that often marks a bottom for the market.

"Before, people were willing to weather the downside, particularly when there was a buy-on-the dip mentality," Dan Suzuki, an equity strategist at Bank of America Merrill Lynch, said. "But now that we're seeing close to a 10 percent sell-off, they might be saying, 'I am not willing to stick around.' "

Certain traders said they made money from Wednesday's swings. Manoj Narang, the chief executive of Tradeworx, a high-frequency trading firm, said his company had benefited from the volatility in the market. "It was one of our better days," he said.

Even with the late recovery, some investors took little solace.

"I'm like, really? It came all the way back? That's stupid," said Tom Shafer, a former specialist at the New York Stock Exchange, who now runs a timber company in Maine. "I'm always a half-empty guy. I've been waiting for two years for the sell-off."

William Alden contributed reporting.


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DealBook: Cyberattack at JPMorgan Chase Also Hit Website of Bank’s Corporate Race

Photo Hackers infiltrated the JPMorgan Chase Corporate Challenge website, gaining participants' passwords and contact information.Credit Boris Roessler/Deutche Presse-Agentur, via AP Images

The JPMorgan Chase Corporate Challenge, a series of charitable races held each year in big cities across the world, is one of those feel-good events that bring together professionals from scores of big companies.

It was also a target for the same cyberthieves who successfully breached the bank's digital perimeters, compromising the accounts of 76 million households and seven million small businesses, according to people with knowledge of the matter.

The JPMorgan Chase Corporate Challenge website, which is managed by an outside vendor, has been conspicuously inaccessible since early August, with visitors to the site seeing only a lonely list of coming races. The link between the breach on that website and the broader attack, which the bank said did not compromise any financial information, has not been previously reported.

The bank said it discovered the breach in the Corporate Challenge website on Aug. 7, about a week after it learned of the broader intrusion into its computer network. By infiltrating the race website, hackers were able to gain access to passwords and contact information for participants, the bank informed them.

The website — maintained and run by an outside firm and hosted on a server system owned by a small company in Ann Arbor, Mich. — was one of several gateways that hackers tested to delve deeply into JPMorgan's internal systems. Ultimately, the hackers found multiple entry points, the people said, but the race website was not among them. One route that proved somewhat successful was through an older human resources system at the bank.

Patricia Wexler, a JPMorgan spokeswoman, emphasized that the race website was "unconnected to our systems and contained no information about our network."

The attackers' persistence in scanning every JPMorgan system and vendor for possible weaknesses exposes a stark new reality for American corporations. They are under almost constant siege by online criminals, and their computer networks, security analysts worry, have become "too big to secure." Every single system and every single vendor — even those as seemingly innocuous as a website for a charitable race — can be chinks in the most heavily fortified institutions.

"Any organization with a sophisticated information technology system needs to connect its system to systems in other organizations," said Herbert S. Lin, a computer expert at the National Research Council. The trade-off is "even if the first organization's system is very secure, vulnerabilities in these other systems provide a route for an attacker."

He added, "These other organizations are ones that you would least expect to be targets of serious attackers, like the janitorial suppliers or the food vendors."

In attack after attack, Mr. Lin and other security experts note that when the hackers' frontal assault fails, they almost always turn to a company's vendors. At Target last year, for example, hackers used credentials from the retailer's heating and cooling vendor to gain access to its systems. At a large oil company, hackers took a more creative approach, planting malware in the online takeout menu of a Chinese restaurant frequented by its employees.

JPMorgan has maintained that there has been no evidence of fraud arising from the breaches.

Jamie Dimon, the bank's chief executive, highlighted the need for greater collaboration and control in the digital security landscape, including over vendors, during an earnings call on Tuesday. Guarding against breaches, he said, goes beyond the bank's own defenses.

"It's making sure that all of your vendors you deal with have proper cybercontrol, that all the exchanges have proper cybercontrol," said Mr. Dimon, who did not specifically mention the Corporate Challenge website. "We have identified this as a huge effort. We've been very good at it until this recent breach, which we are not going to make excuses for."

As the intrusion at JPMorgan reverberated across Wall Street last week, with news that the same hackers who breached JPMorgan also tried to attack at least a dozen other large financial institutions but were largely thwarted, questions proliferated about why the attacks succeeded at JPMorgan, which has plowed hundreds of millions of dollars into its digital defenses.

Within JPMorgan, some people wondered whether the attempted intrusions at other financial institutions were little more than a smoke screen, meant to obscure the real target, according to people with knowledge the investigations.

"We don't have any indication that the hackers got into JPMorgan through a third-party vendor," Ms. Wexler said. "We are unaware of any other third-party-vendor-run site that was breached."

The identity of the vendor that managed the Corporate Challenge website has not been disclosed by either JPMorgan or Online Tech, the company that hosted it. Online Tech, which said it sold server space to the vendor, learned of the Corporate Challenge website breach just this week when contacted by a reporter. Online Tech also did not know the vendor was managing a website for JPMorgan.

The vendor also never notified Online Tech that hackers had infiltrated the race website. But that is not unusual in the Internet-hosting business, says a person familiar with industry practices.

The vendor managing the Corporate Challenge website did not buy a specialized security package offered by Online Tech. It is unclear what security systems the vendor used on its own, but the Online Tech security package — which includes firewall and antivirus protection, log and file monitoring, vulnerability scanning and two-factor authentication — could have made it easier for the hosting company to detect the intrusion earlier.

"The client hosting the JPMorgan Chase Corporate Challenge website chose to manage their own monitoring and security and not purchase any of our security and compliance services," said Shawn Fergus, director of marketing for Online Tech, which has more 300 customers. "This does not mean that safeguards were not in place."

Mr. Fergus noted that, to the company's knowledge, no other client of Online Tech was affected by the breach of the Corporate Challenge website.

At least one person with knowledge of the investigation said hackers might have been able to breach the site using some user names and passwords that were stolen by a Russian crime ring. Hold Security, a Milwaukee firm, said in August that it had discovered that a band of Russian cybercriminals had stolen more than a billion passwords and 500 million email addresses from more than 420,000 websites.

The developments, security analysts say, underline the challenges for corporations in monitoring the security of outside vendors.

Mr. Dimon acknowledged last week that the $250 million a year that JPMorgan is spending on online security may not be enough to deal with the problem, and he expects the bank to roughly double that over the next few years.

It also remains unclear whether an exodus of some important security personnel from JPMorgan to First Data, a payment-processing company, left the bank vulnerable to a breach, the people with knowledge of the investigation said.

Over the last several months, several staff members followed Frank Bisignano, JPMorgan's former co-chief operating officer, to First Data, including its digital security czar, Anthony Belfiore. Dozens of other lower-level security employees also made the move to First Data, but most of Mr. Belfiore's team remained at the bank.

In June — coincidentally, just as it is thought the attack was beginning — the bank hired Greg Rattray, a former Air Force official who specializes in online defense, as its new head of information security.

JPMorgan is continuing to hire as it bolsters its digital security. A review of LinkedIn found about a dozen job postings for online security over the last two months, including positions for experts in detecting web malware and data security engineering.

But the bank, like most other large corporations in its predicament, may have a hard time. "The reality is, everyone is hiring security professionals," said Dan Kaminsky, a security researcher, "and there aren't really enough to go around."

Michael Corkery contributed reporting.


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DealBook: AbbVie Board Recommends Shareholders Reject Shire Acquisition

The biggest corporate takeover of the year has essentially been called off.

In the wake of new rules penalizing inversions, AbbVie has walked away from its bid to acquire Shire, the Irish drug maker, for $54 billion.

Late Wednesday, AbbVie, the pharmaceutical company based in Illinois, said it would recommend that its shareholders vote against approving the deal in the event that it is put to a vote.

"AbbVie and its board of directors made this determination following a detailed consideration of the impact of the U.S. Department of Treasury's unilateral changes to the tax rules," the company said in a statement.

Those changes, announced last month, have been effective, scuttling some deals and forcing others to restructure financial terms. AbbVie expressed concern that the Obama administration appeared to be taking unusual steps to disrupt a certain type of deal, and a specific group of companies.

"The breadth and scope of the changes, including the unexpected nature of the exercise of administrative authority to impact longstanding tax principles, and to target specifically a subset of companies that would be treated differently than either other inverted companies or foreign domiciled entities, introduced an unacceptable level of uncertainty to the transaction," Abbvie said.

In particular, AbbVie indicated that the new Treasury rules, which targeted the ability of companies that moved abroad to use overseas cash on a tax-free basis, had made the deal for Shire less financially attractive.

"Additionally, the changes eliminated certain of the financial benefits of the transaction, most notably the ability to access current and future global cash flows in a tax efficient manner as originally contemplated in the transaction," AbbVie said. "This fundamentally changed the implied value of Shire to AbbVie in a significant manner."

AbbVie's board had intended to meet next Monday to consider whether to walk way from the deal, after notifying Shire that it was having second thoughts late Tuesday night. But after Shire's waiver of a three-day notice period before an AbbVie board meeting, the directors met sooner and quickly decided.

AbbVie will now have to pay Shire a breakup fee of $1.6 billion, and the deal will join a long list of large mergers and acquisitions that have been withdrawn this year.

"AbbVie has always been financially disciplined and we have rigorous standards in place to ensure transactions are financially sound and deliver compelling stockholder returns," said AbbVie's chief executive, Richard A. Gonzalez. "Although the strategic rationale of combining our two companies remains strong, the agreed upon valuation is no longer supported as a result of the changes to the tax rules and we did not believe it was in the best interests of our stockholders to proceed."

AbbVie is still required to hold a special meeting and allow shareholders to vote on the deal unless Shire and the British takeover panel agree otherwise. At this point, however, such a meeting would appear to be a formality.

Shire was not immediately available for comment.


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First Draft: Texas Judge Recites State’s History of Discrimination

Written By Unknown on Jumat, 10 Oktober 2014 | 12.08

Texas Judge Recites State's History of Discrimination

A federal judge provided a scathing reminder of Texas' history of discrimination against blacks and Hispanics in striking down the state's voter identification law on Thursday evening. She had plenty of room to do it: Her opinion ran to almost 150 pages.

Most memorably, the judge, Nelva Gonzales Ramos, of the United States District Court for the Southern District of Texas, in Corpus Christi, said the law amounted to a poll tax.

In Texas, a poll tax was ultimately ruled unconstitutional in 1966. But for much of the 20th century, the state required that voters pay a $1.50 tax as a prerequisite for voting, a practice that suppressed the black vote well below the participation of whites at the polls. The State Legislature, in losing the poll tax, passed a requirement that voters had to reregister to vote every year, a measure that Judge Ramos characterized as a "poll tax without the tax." It was ruled unconstitutional in 1971.

She also pointed to Waller County, home to Prairie View A&M University, a historically black college. The county's voter registrar prohibited the university's students from voting unless they or their families owned property there. And she described how Texas had been found, in every redistricting cycle since 1970, to have violated the Voting Rights Act.

"This history describes not only a penchant for discrimination in Texas with respect to voting," Judge Ramos wrote, "but it exhibits a recalcitrance that has persisted over generations despite the repeated intervention of the federal government and its courts on behalf of minority citizens."

The Texas attorney general's office said it would appeal Judge Ramos's ruling "to avoid voter confusion in the upcoming election."


12.08 | 0 komentar | Read More

DealBook: Obama Had Security Fears on JPMorgan Data Breach

Written By Unknown on Kamis, 09 Oktober 2014 | 12.07

Photo The headquarters of JPMorgan Chase in New York.Credit Mike Segar/Reuters

Updated, 9:57 p.m. | President Obama and his top national security advisers began receiving periodic briefings on the huge cyberattack at JPMorgan Chase and other financial institutions this summer, part of a new effort to keep security officials as updated on major cyberattacks as they are on Russian incursions into Ukraine or attacks by the Islamic State.

But in the JPMorgan case, according to administration officials familiar with the briefings, who would not speak on the record about intelligence matters, no one could tell the president what he most wanted to know: What was the motive of the attack? "The question kept coming back, 'Is this plain old theft, or is Putin retaliating?' " one senior official said, referring to the American-led sanctions on Russia. "And the answer was: 'We don't know for sure.' "

More than three months after the first attacks were discovered, the source is still unclear and there is no evidence any money was taken from any institution.

But questions are being asked across Wall Street as other targets emerge. The F.B.I., after being contacted by JPMorgan, took the I.P. addresses the hackers were believed to have used to breach JPMorgan's system to other financial institutions, including Deutsche Bank and Bank of America, these people said. The purpose: to see whether the same intruders had tried to hack into their systems as well. The banks are also sharing information among themselves.

In all, the authorities believe that the hackers may have tried to infiltrate about a dozen financial institutions, said one of the people briefed on the matter. Fidelity Investments and E*Trade are among those institutions that law enforcement officials believe were victimized in some way by the attacks, the person said.

While Deutsche Bank and Bank of America scanned their systems, the people said, they did not find any evidence that the hackers had tried to get in.

Adam Banker, a Fidelity spokesman, said, "We have no indication that any Fidelity customer sites, accounts, information, services or systems were affected by this matter." E*Trade had no comment.

Separately, at least five other banks — ADP, Bank of the West, Citigroup, HSBC and Regions Financial — found that one of the same web addresses used to penetrate JPMorgan had tried to get into their systems, people briefed on the matter said. But those companies may not necessarily be the focus of law enforcement.

Photo The headquarters of Citigroup in New York, HSBC in London and Regions Financial in Birmingham, Ala.Credit Mario Tama/Getty Images; Ben Stansall/Agence France-Presse -- Getty Images; Bernard Troncale/The Birmingham News, via Associated Press

Citigroup and the Bank of the West declined to comment. Robert Sherman, an HSBC spokesman, said the bank "takes its security and the security of its customer information very seriously," adding, "We continue to monitor the situation closely, and are in touch with law enforcement and financial industry groups that collect and communicate cybersecurity information."

Jim Duffy, an ADP spokesman, said the payroll processing firm had "observed Internet-based traffic from those criminals allegedly reported" to have hacked into JPMorgan. But he added that ADP had not "observed any issues associated with such scanning of our defenses." Regions said in a statement that it "consistently monitors for any unusual activity. At this point, we have no evidence of any breach."

The other companies' names could not be learned Wednesday.

JPMorgan has said that the attackers obtained names and some email addresses but did not penetrate enough to get account information, and that there was no evidence of any illicit movement of money across the 76 million affected households.

The F.B.I. has begun a criminal inquiry into the attacks, and the Secret Service has been involved as well. But the scale and breadth of the attacks — and the lack of clarity about the hackers' identity or motive — show not only the vulnerability of the most heavily fortified American financial institutions but also the difficulty, despite billions of dollars spent in detection technology, in finding the sources of attack.

And because it is so difficult to trace an attack to its source, it is next to impossible to deter one, security industry experts said.

"People don't pay a price for attacks," the director of the National Security Agency, Adm. Michael S. Rogers, said in an interview this year. "It's one of our biggest challenges."

Adm. Michael S. Rogers, the director of the National Security Agency, on cybersecurity.

Other questions are being asked about what the obligation of financial institutions to report such attacks should be. A number of state attorneys general, led by Lisa Madigan of Illinois and George Jepsen of Connecticut, have opened investigations into the JPMorgan breach, according to the people briefed on the matter. The inquiries are looking at whether the bank, the nation's largest, alerted customers in a timely matter. A prolonged delay between when the bank learned that vast stores of information were pilfered and when it alerted customers could put consumers at risk, the people said.

Under federal and state law, JPMorgan did not have to alert customers about the breach because it had determined that only contact data was breached.

Prosecutors in Ms. Madigan's office were discussing whether to seek an update to a 2006 Illinois law that requires companies to alert consumers in a timely fashion if their financial information — including Social Security and account numbers — are taken. The debate now, the people said, is whether the law should also include notification requirements when hackers take nonfinancial information like email addresses.

"We communicated to customers repeatedly that we had been breached and hadn't seen unusual fraud levels related to this — first in August, again in mid-September, and most recently last week," said Patricia Wexler, a JPMorgan spokeswoman. "We were careful to get far enough along in our internal investigation to have the most complete information, and wanted to be sure we could confidently say no financial information had been compromised."

On Tuesday, the offices of Ms. Madigan and Mr. Jepsen held a call with officials at JPMorgan to discuss the attack, the people said. Since the breach at Target last year, prosecutors from both states have been holding monthly calls — part of a broader privacy task force.

The data breach at JPMorgan Chase was among "the most troubling breaches ever," Ms. Madigan said, adding that it proved "there is probably no database that cybercriminals cannot compromise."

JPMorgan has repeatedly said that none of the information taken — names, phone numbers, addresses and emails — has led to any episodes of fraud. Furthermore, it said that no money was stolen from customer accounts.

But security consultants caution that email addresses may be enough information for hackers to engage in "phishing" expeditions to trick customers into providing them with additional personal information.

The breach is under investigation by Preet Bharara, the United States attorney in Manhattan, according to a person briefed on the matter.

But actually finding the perpetrators of the attack is a daunting task. Thomas G. A. Brown, a senior managing director with FTI Consulting, knows firsthand the difficulty of tracking overseas criminals and bringing them to justice.

Until recently, Mr. Brown was chief of the computer and intellectual property crime unit of the United States attorney's office in Manhattan. Mr. Brown oversaw the indictment of Aleksandr Kalinin, a Russian national charged with hacking into some of the computer systems of the Nasdaq stock market in 2011. Mr. Kalinin remains at large.

Referring to the challenges of piecing together a portrait of the attackers, Mr. Brown said: "It's not the equivalent of gunshots being fired, a body on the street, and witnesses who see a person with a gun running away."

The search to determine exactly what the hackers took, and why, gained even more urgency last week, according to several people briefed on JPMorgan's internal investigation. The breach, discovered this summer, was far more extensive than the bank originally realized.

This summer, some investigating it put the number of compromised accounts at around one million, according to two people briefed on the bank's internal investigation. By last week, as the investigation continued, the people said, that number had multiplied exponentially. Bank executives relayed the new details — 76 million households compromised — to its board.

Other disclosures have been more subtle. In a regulatory filing in August, as the bank grappled with the breach, JPMorgan said its board and audit committee "are regularly apprised" of significant cybersecurity events. That language did not appear in an earlier filing from 2013 or in an earlier quarterly report.

The scale of the intrusion and the fact it went undetected for about three weeks has led some to question whether JPMorgan, which has offices around the world and more than 260,000 employees, is "too big to secure."

Matthew Goldstein and Nicole Perlroth contributed reporting.

A version of this article appears in print on 10/09/2014, on page A1 of the NewYork edition with the headline: Obama Had Security Fears on JPMorgan Breach .


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DealBook: Chinese Return to the Waldorf, With $2 Billion

Photo In the Waldorf Astoria's earlier glory days, Henry Kissinger is flanked by Deng Xiaoping, right, and Qiao Guanhua in 1974.Credit John Sotomayor/The New York Times

After President Richard Nixon's historic opening to China, Deng Xiaoping, the vice premier and eventual paramount leader of this country, made his first trip to the United States for a meeting at the United Nations in the spring of 1974.

He stayed in Midtown Manhattan at the regal Waldorf Astoria hotel, where Secretary of State Henry A. Kissinger hosted a banquet for Mr. Deng and other dignitaries.

Forty years later, an obscure Chinese insurance company is now buying the landmark hotel with plans to restore the 83-year-old Art Deco building to its original splendor.

Started just a decade ago, the company, the Anbang Insurance Group, has managed to build up the capital and connections to broker the largest deal ever by a Chinese investor for an American building, agreeing to pay $1.95 billion for the 47-story tower owned by Hilton Worldwide Holdings. The record purchase reflects the growing global influence of China's business elite. When Mr. Deng introduced radical reforms in the late 1970s, he paved the way for a generation of private companies to help spur the Chinese economy to new heights. Today, such businesses, along with the state-owned giants, are behind a surge in overseas investments.

The broad push is being led by China's richest and most powerful companies like Alibaba, Baidu, Huawei, and Wanda, the property developer that owns the AMC movie theater chain. But younger companies like Anbang Insurance, with deep pockets, mysterious owners and significant political clout, are increasingly jumping into the fray. Anbang is controlled, in part, by the members of China's ruling class, relatives of some of the Communist revolutionary leaders who took control of the country in 1949, among them Mr. Deng's grandson-in-law.

Authorities in Beijing have encouraged companies to look beyond their borders to improve their capabilities and acquire new technologies. As growth flags at home, overseas investments also offer the opportunity for Chinese companies to earn hefty returns.

"Chinese investors have been on a buying binge," said Jonathan J. Miller, the chief executive of Miller Samuel Inc., a real estate appraisal and consulting firm. "It's emblematic of this global shift of wealth to Asia."

While global companies have welcomed the flood of money, the deal-making has also been greeted by skepticism. Given the overarching influence of the Chinese government on private business, such deals have raised concerns at times. The Chinese push into the global markets has quickly evolved in the past decade from investing largely in mines and building materials to buying up luxury villas, French vineyards and world-class hotels. Although the Chinese like to bargain, they are often willing to pay top dollar for trophy assets, particularly when they go abroad.

In the past two years, Chinese businessmen have been snapping up iconic properties in the world's biggest cities, including the Lloyd's of London building, as well as the General Motors building and One Chase Manhattan Plaza in New York. A Shanghai-based developer, the Greenland Group, owns 70 percent of Brooklyn's $5 billion Atlantic Yards project.

The real estate deals have prompted comparisons to the wave of purchases by Japanese investors in the 1980s. Back then, many players got burned when the American economy sputtered.

Photo The landmark Waldorf-Astoria hotel in Manhattan is being bought by Anbang Insurance Group, a Chinese company.Credit Justin Lane/European Pressphoto Agency

And like Japanese investors in the 1980s, Chinese buyers today have helped to push up the price tag for iconic buildings in the market, said Woody Heller, group head of the Savills Studley Capital Transactions Group. But, he added, "by definition there is a premium, people are willing to pay extra to get the pleasure of saying 'I own that.'" Even in China, though, Anbang is hardly a household name.

The company was founded in 2004 as a privately-owned property and casualty insurer in the eastern Chinese city of Ningbo, near Shanghai. Seed capital for the insurer came from two of China's biggest state-owned companies, Sinopec, a national oil giant, and Shanghai Automotive, one of the biggest automakers.

But Anbang is highly connected.

Anbang's chairman is Wu Xiaohui, who married the granddaughter of Mr. Deng, who died in 1997. One of Mr. Wu's other companies once formed a partnership with New Horizon Capital, a big private equity firm co-founded by Wen Yunsong, the son of former prime minister Wen Jiabao, according to public filings and a report in Caixin, a Chinese business magazine.

The insurer's board of directors includes Chen Xiaolu, a former officer in the People's Liberation Army and the son of Marshall Chen Yi, a revolutionary military commander with Mao Zedong and who later served as mayor of Shanghai and, between 1958 and his death in 1972, as China's foreign minister.

Anbang is one of the few privately-controlled insurers that has been allowed to grow into a financial services conglomerate, getting a license to move into life insurance, asset management and banking. The company, started with about $75 million in 2004, now has 30,000 employees and more than $100 billion in assets, including a gleaming headquarters office tower in central Beijing.

Analysts say that Anbang has grown rapidly by offering investment-style insurance products with higher interest rates than regular bank deposits, and by plowing much of its capital into expanding its businesses. After insurance regulators loosened investment rules for companies, Anbang started scooping up huge plots of land in Beijing and other big cities and taking stakes in some of the country's largest banks, including China Merchants Bank and Minsheng Bank.

Photo The lobby of the Waldorf Astoria. Hilton Worldwide Holdings, which is selling the hotel, will continue to manage it.Credit Mark Lennihan/Associated Press

Chinese regulators have also allowed insurers to invest more of their money overseas, which has led to a flurry of deals from big Chinese insurers like China Life and Ping An. But several analysts said they were surprised to find that Anbang — which was once ranked No. 28 in life insurance premiums and was recently ranked No. 8 in the nation — can afford to buy the Waldorf Astoria for $1.95 billion.

"Chinese insurance firms are now stepping up their global investments, and commercial real estate in developed markets such as the U.S. fit their risk-averse profile," said Thilo Hanemann, director of research on cross-border investments for the Rhodium Group, a consultant group based in New York.

A person who answered the telephone at Anbang's headquarters said the company's executives were not available for comment Wednesday.

The Waldorf Astoria marks Anbang's first major foray into the United States. Opened in 1931 by the Astor family, the Waldorf, which was later taken over by Conrad N. Hilton, has been the hotel of choice for world leaders visiting when the United Nations is in session and even for United States presidents like Barack Obama who stayed this year. Hilton, which will continue to operate the property, indicates that Anbang will invest more money to renovate the 1,413-room hotel, once the largest in the world.

The Waldorf Astoria also holds special significance in the history of United States-China relations. Every Chinese leader since Mr. Deng has stayed there, including former presidents Jiang Zemin and Hu Jintao. More recently, investors lined up outside the Waldorf Astoria to listen to Jack Ma, the chairman of the Alibaba Group, just before his company went public in the largest initial public offering in history.

Back on April 14, 1974, Mr. Deng seemed to enjoy his first visit to New York. On that evening, at the Waldorf just after 8 p.m., Dr. Kissinger hosted Mr. Deng and other Chinese officials in his hotel suite, 35A. There he made repeated toasts to Mr. Deng, as the Chinese are fond of doing, with a high alcohol-content liquor made from sorghum, called Maotai.

"I think if we drink enough Maotai, we can solve anything," Dr. Kissinger said to Mr. Deng, according to a transcript of the conversation that was later published. To which Mr. Deng replied, "Then when I go back to China, I must increase production of it."

Alexandra Stevenson contributed reporting from New York.

A version of this article appears in print on 10/09/2014, on page A1 of the NewYork edition with the headline: Chinese Return to the Waldorf, With $2 Billion .


12.07 | 0 komentar | Read More
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