Opening Bell: 9.22.20 - Dealbreaker

Activist Trian Fund Management Takes Stake in Comcast [WSJ]
Trian has accumulated about 20 million shares in Philadelphia-based Comcast, for a roughly $900 million stake or about 0.4% of the company, a person familiar with the matter said. Comcast’s market value is about $200 billion.
Executives at Trian, which was founded by Nelson Peltz, Ed Garden and Peter May, recently began conversations with Comcast management, the hedge fund said in a statement Monday….
“The cable business is an infrastructure asset with steady growth and very high free cash flow,” said MoffettNathanson analyst Craig Moffett, referring to Comcast’s broadband, pay-TV and phone unit. “The other two businesses, Sky and NBC, are sort of cyclical turnaround stories. They naturally appeal to entirely different types of investors.”
He added: “I can’t imagine a shareholder that would disagree that this company would be valued more highly if it were separated into pieces.”

U.S. debt to hit nearly twice GDP by 2050 –CBO [Reuters]
The nonpartisan budget referee agency said that the 2020 deficit is projected at 16% of U.S. GDP, and the share will fall for several years, but will begin rising sharply again by 2028.
By 2050, the annual deficit is projected at 17.5% of GDP as a result of higher interest costs and higher spending on health care programs and Social Security, CBO said.

Powell pledges the Fed’s economic aid ‘for as long as it takes’ [CNBC]
“Economic activity has picked up from its depressed second-quarter level, when much of the economy was shut down to stem the spread of the virus. Many economic indicators show marked improvement,” he said. “Both employment and overall economic activity, however, remain well below their pre-pandemic levels, and the path ahead continues to be highly uncertain.”

Elizabeth Warren And Bernie Sanders Want Big Banking Reforms Following The FinCEN Files Investigations [BuzzFeed]
Sen. Elizabeth Warren called on Monday for reforming the government practice of offering banks deferred prosecution agreements instead of real punishments when they are caught abetting money laundering, one of the problems highlighted in the series….
“The business model of Wall Street is fraud. It is not the exception to the rule—it is the rule,” [Sen. Bernie Sanders] said on Twitter. “Break them up.”

Two N.Y. Men Accused of Trading on Inside Information From S&P Dow Jones Indices [WSJ]
Yinghang “James” Yang, a senior index manager, and his friend, Yuanbiao Chen, a manager at a sushi restaurant, were accused of running the scheme for several months last year…. The two Queens men stopped in October 2019 after Mr. Chen’s brokerage firm asked some questions about his occupation and sources of money, according to a complaint filed by the Securities and Exchange Commission against the two men….
The authorities accused the men of trading on information about index changes before the information was released to the public.

Musk Says Tesla Has ‘Shot at Record Quarter’ in Staff Email [Bloomberg]
“We have a shot at a record quarter for vehicle deliveries, but will have to rally hard to achieve it,” said Musk in an internal email Sunday in the U.S. that was seen by Bloomberg News. “This is the most number of vehicles per day that we’ve ever had to deliver….”
“Please consider vehicle deliveries to be absolute top priority,” Musk said in the email, which was titled “All hands on deck!” “It’s also extremely important that we keep factory output as high as possible over the remaining 10 days. This is vital for the California market.”

Senate Democrats Oppose Bankruptcy Bonus for Purdue Pharma CEO [WSJ]
Purdue CEO Craig Landau could get between $2.6 million and $3.5 million under an executive incentive program the company is proposing in the U.S. Bankruptcy Court in White Plains, N.Y., dependent on the drugmaker hitting certain performance targets.
Five Senate Democrats sent a letter Monday urging the judge overseeing Purdue’s bankruptcy, Robert Drain, to reject the proposed bonus, saying Mr. Landau led Purdue during a period during which the company was accused by state and federal authorities of fueling the opioid crisis through misleading marketing of OxyContin….
“To provide Mr. Landau with this bonus is to endorse the very behavior for which Mr. Landau has been sued by multiple states,” the senators wrote, noting that during the bankruptcy process, more than 122,000 people have filed personal injury claims related to opioid products made by Purdue. Bonus payments outlined in Purdue’s incentive plan “should not be made while these families continue to wait for justice,” the letter said.

Sizzler, one of America's first steakhouse chains, files for bankruptcy [CNN Business]
The filing is only for Sizzler's 14 company-owned restaurants -- not its international locations or more than 90 franchised US restaurants. Sizzler explained in a press release that it's using the bankruptcy process to reduce debt and renegotiate its leases…. The chain began in Culver City, California in 1958 with the goal that "everyone could enjoy a great steak dinner at an affordable price," according to its website. Once a pioneer in the industry, the chain has fallen out of favor with newer rivals like Applebee's and TGI Friday's.

Related

Opening Bell: 12.18.12

Dozens Likely Implicated In UBS Libor Deal (FT) bout three dozen bankers and senior managers will be implicated in the alleged rigging of Libor interest rates when UBS settles with global regulators later this week, according to people familiar with the matter. UBS is close to finalizing a deal with UK, US and Swiss authorities in which the bank will pay close to $1.5 billion and its Japanese securities subsidiary will plead guilty to a US criminal offence. Terms of the guilty plea were still being negotiated, one person familiar with the matter said on Monday, adding that the bank will not lose its ability to conduct business in Japan...Not all of the three dozen individuals will face criminal or civil charges and the level of alleged misconduct varies among them. While it also is not clear how many bankers will be criminally charged, people familiar with the investigation said the settlement documents will document an intercontinental scheme to manipulate the Yen-Libor interest rate over several years involving desks from Tokyo to London. Cerberus Seeks Sale of Gun Maker Freedom Group (WSJ) Private-equity firm Cerberus Capital Management LP said it is seeking to sell the company that manufactures a gun used in last week's shooting at Sandy Hook Elementary School in Newtown, Conn. "We have determined to immediately engage in a formal process to sell our investment in Freedom Group…We believe that this decision allows us to meet our obligations to the investors whose interests we are entrusted to protect without being drawn into the national debate that is more properly pursued by those with the formal charter and public responsibility to do so," Cerberus said in a statement Tuesday. Cliff Talks Narrow (WSJ) President Barack Obama backed away from his long-standing call for raising tax rates on households making more than $250,000 a year, a development that inches the White House and congressional Republicans closer to a budget deal. Mr. Obama's move, a counter to Republicans' recent proposal to raise tax rates on income over $1 million, further narrows the differences between the two sides. During a meeting with House Speaker John Boehner (R., Ohio) Monday the president proposed allowing Bush-era tax rates to expire for households making more than $400,000 in annual income, people familiar with the meeting said. Poland Finds It's Not Immune To Euro Crisis (NYT) During much of the region’s debt crisis so far, Poland has counted itself fortunate that the troubles began before the country had joined the euro currency union. By being part of the E.U.’s common market, but not bound by euro strictures, Poland has been one of the Continent’s rare economic good-news stories. But the deceleration in Polish growth, which has prompted the central bank to begin a series of interest rate cuts to stimulate the economy, has underscored the country’s exposure to slumping euro zone consumer markets. Hedge Fund Managers Convicted of Insider-Trading Scheme (Bloomberg) Level Global Investors LP co-founder Anthony Chiasson and former Diamondback Capital Management LLC portfolio manager Todd Newman were convicted of securities fraud and conspiracy for an insider-trading scheme that reaped more than $72 million. After deliberating a little more than two days, a federal jury in New York found both men guilty of conspiracy to commit securities fraud for a scheme to trade on Dell Inc. (DELL) and Nvidia Corp. (NVDA) using illicit tips. The panel found Chiasson, 39, guilty of five counts of securities fraud, earning Level Global $68.5 million on inside tips trading on the two technology company stocks. Newman, 48, was convicted of four counts of securities fraud related to trades on inside information that earned his fund about $3.8 million. “We had all the evidence we needed,” said Felicia Rivera, a juror from Westchester County near New York City, said after court. Credit unions sue JPM for $3.6B (NYP) The nation’s credit-union watchdog sued JPMorgan for a second time yesterday over $3.6 billion of Bear Stearns mortgage bonds that imploded in the wake of the financial crisis. The suit brought by the National Credit Union Administration accuses Bear Stearns, the failed bank acquired by JPMorgan in 2008, of peddling toxic securities to four credit unions that later collapsed. The same government agency sued JPMorgan last year over $1.4 billion in mortgage-backed securities that led to losses for credit unions. That suit is still pending. In the latest complaint, the credit union regulator said Bear Stearns conspired with at least 16 outfits that cranked out toxic mortgages and securities sold to unsuspecting buyers. Those included notorious subprime mortgage outfits such as Countrywide Financial, New Century and People’s Choice Home Loans. Man wears 70 items of clothing at airport to avoid baggage charge (DS) A man took to putting on 70 items of clothing to avoid an extra baggage charge at an airport. The unidentified passenger turned up at Guangzhou Baiyun International Airport in China, described as looking like a 'sumo wrestler'. According to Guangzhou Daily, the man's luggage exceeded the weight limit. He did not want to pay the extra baggage costs, and thus took out and wore more than 60 shirts and nine pairs of jeans. Wanting to board a flight to Nairobi, Kenya, he was stopped by the metal detector and had to undergo a full body search. AIG Raises $6.45 Billion as AIA Priced in Top Half of Range (Bloomberg) AIG sold 1.65 billion shares at HK$30.30 each, AIA said in a statement today. The shares were offered at HK$29.65 to HK$30.65 each. AIA fell 3.3 percent to close at HK$30.60 in Hong Kong, the most since July 23. It was the biggest decliner and most actively traded stock by both volume and value in the city’s benchmark Hang Seng Index (HSI) with HK$56.6 billion ($7.3 billion) worth of shares changing hands today. Probe Sparks Split On Trades (WSJ) A regulatory investigation into whether stock exchanges have given unfair advantages to high-speed traders has sparked complaints against the exchanges, fueling a broader debate about how the market operates and is regulated. The Investment Company Institute, trade group for mutual funds, complained in a recent letter to the Securities and Exchange Commission that U.S. stock exchanges "facilitate strategies" for rapid-fire trading firms "that can lead to disorderly markets or that can benefit market participants at the expense of long-term investors." Buybacks Rule The Day (WSJ) American companies bought back $274 billion more shares than they issued in the year through September, according to Ed Yardeni, president of investment advisory firm Yardeni Research. And the spending spree looks set to continue, a sign that companies have the cash to put to work but don't yet see an economic case for using it to expand their businesses or create jobs. Dog swallows a foot of Christmas lights (Mirror) Charlie, a seven-year-old crossbreed dog from Southampton, was saved by surgeons from veterinary charity PDSA after wolfing down his family's Christmas lights recently. And the dog has a track record for getting his paws, and teeth, on household objects, having once eaten his owner Sharon Fay's scarf. Ms Fay, who aptly refers to her dog as the "light of her life", became concerned when she noticed bits of wire sticking out of Charlie's faeces in the garden. The 45-year-old said: "I hadn't even noticed that the lights had been chewed at this stage but it quickly became clear what had happened. "Back in March he ate one of my scarves and needed an operation to remove it, but I thought it was just a one-off incident as he hadn't shown any signs that he was going to be a repeat offender. I've had dogs all my life and have never known a dog act like this before." An X-ray immediately cast a light on Charlie's problem - the tangled remains of the decorations clearly showed up in his stomach and would have proved fatal if they were not removed. Vets rushed Charlie to the operating table and removed the Christmas decorations, also finding a shoelace.

Opening Bell: 05.17.12

White House Steps Up Push To Toughen Rules On Banks (WSJ) White House officials have intensified their talks with the Treasury Department in the days since J.P. Morgan's losses came to light, these people say—representing the first tangible political impact from a trading mess that has cost one of the nation's most prominent banks more than $2 billion...White House and Treasury officials are still determining whether the Volcker rule would have prevented the losses at J.P. Morgan, people familiar with the discussions said. Some of the president's political advisers are concerned that the J.P. Morgan trades, even if determined to violate the spirit of the rule, might slip through the regulatory net. From 'Caveman' To 'Whale' (WSJ) Even after Dynegy's holding company filed for bankruptcy protection on Nov. 7, the trade seemed like it still would be a loser for Mr. Iksil and J.P. Morgan. Only about six weeks remained until the trade was set to expire, and another company needed to default for J.P. Morgan to make money and the bullish hedge funds to lose out. Some traders took to calling Mr. Iksil a "caveman" for stubbornly pursing the trade. Mr. Iksil continued to bet against the index, however, and it soon weakened, causing a buzz among unhappy rivals, these traders say. "We called the trade the 'pain trade' and the 'widow maker'; it kept going down for no reason," said a trader at another firm, who called his broker and says he was told it was Mr. Iksil who was doing all the bearish trading. "It felt like Bruno was trying to wipe everyone out." Then on Nov. 29, in something of a shock, AMR Corp., American Airlines' parent company and one of the companies in the index, filed for bankruptcy protection. "People freaked out," recalls a hedge-fund trader. The index weakened significantly, allowing J.P. Morgan to rack up about $450 million in total profits from the trade, according to traders. Rival firms suffered similar-size losses. It capped a successful year for Mr. Iksil and his group, though the profits would be more than offset this year when they shifted to a more bullish tack on corporate credit, losing $2 billion-plus in the process. Goldman to Cash Out $1 Billion of Facebook Holding in IPO (Bloomberg) The investment bank and its funds will sell 28.7 million of the 65.9 million shares they own, more than twice the amount initially planned, Menlo Park, California-based Facebook said yesterday in a filing. The shares are being offered in a range of $34 to $38 apiece, meaning the stock being sold in this week’s IPO is valued between $975 million and $1.09 billion. SEC Probes Roles Of Hedge Fund In CDOs (WSJ) U.S. securities regulators are investigating hedge-fund firm Magnetar Capital LLC, which bet on several mortgage-bond deals that wound up imploding during the financial crisis, according to people familiar with the matter. While Magnetar has faced scrutiny over its role in various collateralized debt obligations, or CDOs, the Illinois firm itself now is a target of an investigation by the Securities and Exchange Commission, these people said. ECB Bars Access to Four Greek Banks (FT) The move raises the pressure on Greece to stick to its international bailout by highlighting the risk that eurozone central bankers could pull the plug on its financial system. It reflected ECB fears that a planned recapitalisation of Greece’s banks could be delayed. Greek Euro Exit Would Risk Asia Crisis-Style Rout, Zeti Says (Bloomberg) A Greek exit from the euro could cause contagion comparable to the Asian financial crisis, according to Malaysia’s central bank Governor Zeti Akhtar Aziz, who had first-hand experience of that turmoil. “The worst-case scenario is what we saw in Asia,” Zeti, 64, said in an interview with Bloomberg Television in Istanbul yesterday. “When one economy collapses, then the market usually moves on to focus on the next one, then there will be a contagion that will affect different countries that probably don’t deserve those kinds of consequences.” Strippers in Paris Go on Strike, Say Wages 'Miserable' (Reuters) The Crazy Horse, one of the most popular establishments of its kind in the world, said it was forced to cancel performances this week for the first time since the cabaret was created in 1951. The night club, which declined to give details on salary demands or current wages, said in a statement that it had always taken the wellbeing of its artists very seriously and that talks were continuing to resolve the dispute. "It's an exceptional place which has the specialty of presenting a fully naked show," Suzanne, one of the dancers, told RTL radio. "What's wrong is that we are asked to work 24 days per month for a pay that is worse than miserable," she said. JPMorgan’s Trading Loss Is Said to Rise at Least 50% (NYT) The trading losses suffered by JPMorgan Chase have surged in recent days, surpassing the bank’s initial $2 billion estimate by at least $1 billion, according to people with knowledge of the losses. When Jamie Dimon, JPMorgan’s chief executive, announced the losses last Thursday, he indicated they could double within the next few quarters. But that process has been compressed into four trading days as hedge funds and other investors take advantage of JPMorgan’s distress, fueling faster deterioration in the underlying credit market positions held by the bank. A spokeswoman for the bank declined to comment, although Mr. Dimon has said the total paper trading losses will be volatile depending on day-to-day market fluctuations. Several on FOMC Said Easing May Be Needed on Faltering (Bloomberg) The Federal Reserve signaled further monetary easing remains an option to protect the U.S. economy from the danger that lawmakers will fail to reach agreement on the budget or Europe’s debt woes worsen. Several members of the Federal Open Market Committee said new actions could be necessary if the economy loses momentum or “downside risks to the forecast became great enough,” according to minutes of the Federal Open Market Committee’s April meeting released yesterday in Washington. Judge Denies Gupta's Wiretap Motion (NYP) Ex-Goldman Sachs director Rajat Gupta lost his bid to get three key wiretaps tossed as evidence in his upcoming insider-trading trial. Manhattan federal judge Jed Rakoff gave tentative approval yesterday for the jury to hear the wiretaps, which are crucial to the government’s case against Gupta. A former head of McKinsey & Co., who also sat on Procter & Gamble’s board, Gupta is accused of feeding tips to ex-hedge funder Raj Rajaratnam, who began an 11-year prison term last October for insider trading. The taped conversations between Rajaratnam and his traders have him talking about tips from a unnamed leaker on Goldman’s board. Man protests restaurant's all-you-can-eat policy (TMJ4) A disturbance at a local restaurant when one man got upset that an all-you-can-eat fish fry didn't live up to its name. At 6'6" and 350 lbs, Bill Wisth admits he's a big guy who can pack it away more than most. And he wants one restaurant to make all-you-can-eat, all he can eat too. "It's false advertising," said Wisth to TODAY'S TMJ4. He was there Friday when the restaurant cut him off after he ate a dozen pieces. "Well, we asked for more fish and they refused to give us any more fish," recalled Wisth. The restaurant says it was running out of fish and patience; arguing Bill has been a problem customer before. They sent him on his way with another eight pieces, but that still wasn't enough. He was so fired up, he called the police. "I think that people have to stand up for consumers," said Wisth. Elizabeth Roeming is a waitress there and says they've tried to work with Bill over the years -- like letting him have a tab he still hasn't paid off. Bill isn't backing down, saying his fish fry fight isn't over. But in the end, even he had something nice to say. "They do have like some of the best pizza in town if you like deep dish pizza," said Wisth. He says he will picket every Sunday until the restaurant rethinks what happened.

Opening Bell: 03.09.12

US Adds 227,000 Jobs (WSJ) U.S. job creation remained solid in February and was stronger in previous months than initially thought, marking one of the economy's best stretches of the nearly three-year-old recovery. Jobs outside of agriculture grew by 227,000 last month, the Labor Department said Friday. Meanwhile, employers added 284,000 jobs in January—roughly 40,000 higher than an initial estimate—and job creation was also revised higher for December. Overall, the economy has added an average 245,000 jobs over the past three months—more than double the pace of job creation between May and November. The unemployment rate, obtained by a separate survey of U.S. households, remained at 8.3%, as both hiring and the number of job seekers increased. Greece Passes Key Debt Test (WSJ) Just over 80% of Greece's private-sector creditors had agreed by a Thursday evening deadline to turn in their bonds for new ones with less than half the face value, touching off a massive debt swap that marks a seminal moment in Europe's long-frustrated efforts to rescue its most financially vulnerable nation. The Greek government announced the results of its proposed restructuring early Friday morning. It said 83% of bondholders had voluntarily submitted to the deal, and that it would invoke so-called collective-action clauses to impose the exchange on most of the rest, bringing participation up to 96%. Citigroup Gives Vikram Pandit $14.9 Million 2011 Pay Package (Bloomberg) The bank said it gave Chief Executive Officer Vikram Pandit $14.9 million in total compensation for 2011, including his first bonus since the lender almost collapsed in 2008. The package included $1.67 million of salary and a $5.33 million cash bonus, the New York-based lender said yesterday in a regulatory filing. The award reflects Citigroup’s return to profitability under Pandit, who became CEO in December 2007, the bank’s personnel and compensation committee said in the filing. The payout also rewards his performance last year, which he spent grappling with a revenue slump as the European sovereign-debt crisis roiled markets. DA putting the screws to 'brothel boss' Anna Gristina (NYP) They pressed her over and over, pushed a list of 10 Big Apple power players at her — and demanded she spill the beans on the roster of real-estate moguls and investment bankers. “Some I knew, some I didn’t,” accused Upper East Side brothel boss Anna Gristina told The Post yesterday about an hours-long grilling she received from Manhattan prosecutors. But they kept pressing, bringing in more and more investigators to intimidate her. “In effect, it was, ‘Tell us what we want, and we’ll let you go,’ ” Gristina said. But her defiance, she believes, is what led them to charge her with a single count of prostitution. And that’s when she realized she must be part of a much larger investigation. “It’s not about me; it’s bigger than me,” Gristina said during an exclusive interview at Rikers Island, where she remains jailed. “They’re trying to sweat me out. They are clearly trying to break me.” The self-described “hockey mom” and real-estate developer claims to have no idea why prosecutors are so intent on digging up dirt on those men — half of whom she said she knew as either friends or business associates. “I’d bite my tongue off before I’d tell them anything,” Gristina vowed. Nasdaq, NYSE still fighting over Facebook listing (NYP) The chief executives of both exchanges are said to have taken the rare move of personally appearing at pitch meetings..."The history would go toward Nasdaq, but the trend is toward the NYSE," said the co-head of NYSE's listings business, Scott Cutler. Meanwhile, his Nasdaq counterpart, Robert McCooey, shot back, "Just because someone climbs to the highest mountain and shouts that they're the home for technology doesn't mean they're the home for technology. Just because I could say 'I'm 6 foot 2 and I look like Brad Pitt' doesn't mean it's true." Banks foreclosing on churches in record numbers (Reuters) The surge in church foreclosures represents a new wave of distressed property seizures triggered by the 2008 financial crash, analysts say, with many banks no longer willing to grant struggling religious organizations forbearance. Since 2010, 270 churches have been sold after defaulting on their loans, with 90 percent of those sales coming after a lender-triggered foreclosure, according to the real estate information company CoStar Group. In 2011, 138 churches were sold by banks, an annual record, with no sign that these religious foreclosures are abating, according to CoStar. That compares to just 24 sales in 2008 and only a handful in the decade before. BofA Makes Mortgage Deal (WSJ) More than 200,000 financially strapped households will have a chance to sharply reduce their mortgage balances under a side deal negotiated by Bank of America Corp. that could allow the bank to avoid as much as $850 million in penalties. Under the arrangement, part of the recent $25 billion settlement of alleged foreclosure abuses between government officials and five large lenders, Bank of America will make deeper and broader cuts in balances than other banks. The plan will offer qualifying borrowers a chance to cut their mortgage balances to their home's current market value. Other banks are required under the national settlement to cut principal to no more than 120% of the home's value. Donald Trump, pal of New York Jets owner Woody Johnson, would love to see Peyton Manning play for the Miami Dolphins (NYDN) “First of all (Dolphins owner) Steve Ross is a very good friend of mine,” Trump bellowed before a roomful of reporters and TV cameras at the WGC Cadillac Championship, where Tiger Woods, Phil Mickelson and Rory McIlroy were fighting it out in the first round. “He’s a member of my club in Palm Beach and I think Peyton would be great for Miami. It would be a fantastic thing for this area...I’m a fan. I’m a friend. I did a commercial with Peyton and his brother for Oreo, which got the commercial of the year, and I think it was because of them, not of me. But I did a big commercial and it was an amazing commercial."

Opening Bell: 02.13.12

Société Générale to Restructure (WSJ) Société Générale said Wednesday it will roll out a restructuring plan to cut costs and boost revenue, as the French bank posted a larger-than-expected fourth-quarter loss and painted a stark picture of the outlook for retail banking in France against the backdrop of a stagnant economy...The Paris-based lender, France's second-largest publicly listed bank by market capitalization, reported a €476 million net loss ($640 million) in the three months ended Dec. 31, compared with €100 million net profit last year, well below analysts' expectations. Apple's Cook Calls Einhorn Lawsuit 'Silly Sideshow', Says Company's Not Tight-Fisted (CNBC) Wading into a controversy that was bought to a head last week by fund manager David Einhorn, Cook touted his company's investment in product development and research. The CEO rejected the basis of a lawsuit filed by Einhorn that the fund manager asserts will restrict Apple's ability to distribute its excess cash to its investors. "Frankly I find it bizarre that we would find ourselves being sued for doing something that's good for shareholders," Cook told the Goldman Sachs' Technology and Internet Conference. Apple checkmate: Another big investor backs company vs. Einhorn (NYP) The California State Teachers’ Retirement System, a $157.8 billion pension fund that owns 1.6 million Apple shares, told The Post they are siding with Apple against Einhorn. CalSTRS supports the proposal because “blank check” preferred stock “can be used as anti-takeover defenses and entrench a board,” said Anne Sheehan, the director of corporate governance. SAC Probe Said to Be Hampered by Auto-Deleted E-Mails (Bloomberg) The federal investigation of insider trading by SAC Capital Advisors LP and its founder, Steven A. Cohen, has been hampered by a lack of extensive e-mail evidence. One reason: During the period of time at the heart of the probe, July 2008, SAC automatically deleted its e-mails. Unluckily for the U.S. government, SAC changed its policy just months later, requiring preservation of electronic communications. By then, most messages relevant to the $700 million in alleged illegal trades had been erased, according to a person familiar with the matter. Until the fall of 2008, SAC e-mails were deleted from employee electronic mailboxes every 30 or 60 days, according to SAC General Counsel Peter Nussbaum. Comcast Buys Rest Of NBC's Parent (WSJ) Comcast Corp, in a bullish bet on traditional entertainment, is buying General Electric Co.'s stake in NBCUniversal for $16.7 billion, giving the cable operator full ownership of the film and television giant much sooner than expected. Kate Upton on Antarctic shoot for SI: 'My body was shutting down' (NBC) The theme of this year’s issue, which hit newsstands Tuesday, put models in exotic settings on all seven continents. Upton was sent to the most forbidding one of them all, Antarctica, to endure with frigid temperatures in skimpy outfits, including the parka top and bikini bottom she is wearing on the magazine's cover. “I was very surprised by the news that that’s where my shoot was going to be located,’’ she said on TODAY Tuesday in her first interview since making the cover. “It was freezing. I’m from Florida, so it wasn’t great for me. When I came back I was losing hearing and eyesight because my body was shutting down, it was working so hard to keep warm. I was thinking warm thoughts." Eurozone Worries Intensify (WSJ) Industrial production in the euro zone fell at its sharpest quarterly rate in more than three years at the end of last year, despite rising in December, stoking fears of a third consecutive quarterly economic contraction. But data released on Wednesday suggested the euro-zone economy reached a low point in November and could be showing early signs of recovery, as production in Germany, the currency bloc's biggest single economy, rose in December after falling for four consecutive months. Russia Says It Is Moving Away From Currency Manipulation (CNBC) FYI. ING To Cut 2,400 More Jobs (WSJ) The Netherlands' biggest bank by assets, which had about 85,000 employees world-wide at the end of the fourth quarter, is cutting costs in response to the weak European economy and tougher regulations for banks. As US Gasoline Prices Soar, Hedge Fund Oil Bets Near Record (Reuters) U.S. motorists searching for someone to blame for the highest gasoline prices ever at this time of year have an easy target: hedge funds who have been quietly amassing winning bets on hundreds of millions of barrels of oil. At a filling station in Midtown New York last week, several people were prepared to blame traders on Wall Street as they paid more than $4 per gallon to fill up their cars. "It really is not supply and demand. It's definitely speculation," said John Keegan, an exterminator with pest control company Terminate Control, who was filling up his van. A cab driver said he was convinced the price would be just $1 a gallon if the government "stopped Wall Street trading oil." No Ordinary Affenpinscher, Banana Joe Is Named Best in Show (NYT) Banana Joe, a black dog with a monkeylike face, became the first affenpinscher to win Best in Show at the Westminster Kennel Club Dog Show on Tuesday night. He defeated six dogs, one a Portuguese water dog on the same night that Bo, who is the same breed, watched his master, President Obama, deliver the State of the Union address. “He’s won a lot of big, big shows, but none like this one,” said his handler, Ernesto Lara, who held onto Joey, as he calls him, during a postshow news conference. Joey sat calmly, as if he could have gone back onto the floor of Madison Square Garden and taken on his challengers again. He stuck his tongue out as Lara answered questions. He didn’t appear to need any celebratory drinks or snacks. “I don’t think he has anything to prove,” Lara said. “I’m not bragging, this is just the way he is. The best thing is that I was in cue with him.” He added: “This isn’t a breed you train. He’s like a human. You befriend him.”

Opening Bell: 01.04.13

SEC Drops Case Against Ex-Berkshire Exec Sokol (Reuters) The U.S. securities regulator has decided not to take action against David Sokol, once considered a possible candidate for the top job at Warren Buffett's Berkshire Hathaway, Sokol's lawyer told Reuters. In 2011, Buffett said Sokol violated the company's insider trading rules to score a $3 million windfall profit on shares of U.S. chemicals maker Lubrizol, which rose by nearly a third after Berkshire Hathaway announced it would buy the company. The U.S. Securities and Exchange Commission began investigating Sokol's investment in Lubrizol shortly after Sokol resigned from Berkshire Hathaway. Sokol's lawyer Barry Wm. Levine told Reuters late on Thursday that he was informed that the SEC had wrapped up its probe and decided not to take action against Sokol. "SEC has terminated its investigation and has concluded not to bring any proceedings against Sokol," said Levine, a lawyer at legal firm Dickstein Shapiro. Sokol has been "completely cleared" as there was no evidence against his client, Levine said. Cohen’s SAC Tops Most Profitable List Amid Insider Probes (Bloomberg) SAC Capital International, Cohen’s flagship fund, was the world’s most-profitable hedge fund in the first 10 months of 2012, earning $789.5 million for Cohen, 56, and his managers, according to Bloomberg Markets’ annual ranking of hedge funds...SAC Capital International is No. 1 not because of performance; it ties for No. 86 on that measure, with a 10 percent return in the Markets ranking of the 100 top-performing funds. Rather, the fund earned the most money because Cohen charges some of the highest fees on Wall Street. While most funds impose a 1 to 2 percent management fee and then take 15 to 20 percent of the profits, Cohen levies 3 percent and as much as 50 percent, according to investors. Geithner's Planned Departure Puts Obama In A Tough Spot (Reuters) The Treasury Department said Geithner would stick to his previously announced schedule to stay until sometime around the Jan. 21 inauguration. Obama chose Geithner to lead the just-ended negotiations with Congress to avert the Dec. 31 fiscal cliff of spending cuts and tax hikes that threatened to push the economy back into recession. But the deal, which preserved most of the Bush-era tax breaks for Americans, sets up a series of crucial fiscal deadlines by delaying automatic spending cuts until March 1 and not increasing the government's borrowing limit. That puts Obama in the tough spot of nominating another Treasury secretary and asking the Senate to approve his choice when lawmakers are in the middle of another budget battle. Egan Jones Says Further US Downgrades Unlikely (CNBC) "This latest round (of negotiations) indicates a sign of health. You have a major ideological clash going on in Congress and many people uncomfortable with it, but it is part of democracy. The more positive light is that we actually have a deal and can move forward," Sean Egan, managing director of Egan-Jones told CNBC on Friday. "We've gotten a lot more comfortable about the U.S. and we probably won't take additional negative actions for the foreseeable future," he added. Almost All of Wall Street Got 2012 Market Calls Wrong (Bloomberg) From John Paulson’s call for a collapse in Europe to Morgan Stanley’s warning that U.S. stocks would decline, Wall Street got little right in its prognosis for the year just ended. Paulson, who manages $19 billion in hedge funds, said the euro would fall apart and bet against the region’s debt. Morgan Stanley predicted the Standard & Poor’s 500 Index would lose 7 percent and Credit Suisse foresaw wider swings in equity prices. All of them proved wrong last year and investors would have done better listening to Goldman Sachs Chief Executive Officer Lloyd C. Blankfein, who said the real risk was being too pessimistic. The ill-timed advice shows that even the largest banks and most-successful investors failed to anticipate how government actions would influence markets. Unprecedented central bank stimulus in the U.S. and Europe sparked a 16 percent gain in the S&P 500 including dividends, led to a 23 percent drop in the Chicago Board Options Exchange Volatility Index, paid investors in Greek debt 78 percent and gave Treasuries a 2.2 percent return even after Warren Buffett called bonds “dangerous.” Fed Divided Over Bond Buys (WSJ) A new fault line has opened up at the Federal Reserve over how long to continue bond-buying programs aimed at spurring stronger economic growth. Minutes released Thursday of the Fed's Dec. 11-12 policy meeting showed that officials were divided. Some wanted to continue the programs through the end of 2013, others wanted to end them well before then and a minority wanted to halt the programs right away. Swiss Bank Pleads Guilty In Probe (WSJ) In the latest blow to Switzerland's centuries-old banking practices, the country's oldest bank pleaded guilty to a criminal conspiracy charge in the U.S. on Thursday and admitted that it helped wealthy Americans for years avoid tens of millions of dollars in taxes by hiding their income from secret accounts abroad. Wegelin & Co., founded in 1741, is the latest Swiss bank to reach a deal with U.S. prosecutors as they crack down on Americans who kept their money in secret accounts overseas and the entities which helped them. Three Wegelin bankers also were charged criminally in the U.S. last year. Subway worker tells customer to 'fight me like a man,' during confrontation over ketchup (WFTV) Luis Martinez said he stopped by a Subway shop in a Walmart on South Semoran Boulevard late Tuesday night to get something to eat. He said he ordered a Philly cheese steak the way he always does. "American cheese, onions and ketchup," said Martinez. Lawrence Ordone was working behind the counter. "He wants ketchup on the Philly cheese steak and I have never put -- we don't even have ketchup at Subway -- I've never put ketchup on anybody's sandwich," said Ordone. Martinez said he didn't want the sandwich without the ketchup and that a man next to him in line offered to buy the sandwich. Ordone said that Martinez mouthed off at the man. Martinez denied saying anything, but neither he or Ordone disputed what they said happened next. "That's when I flew off the handle," said Ordone. "He shoved a chair to the side, like knocked it down to come at me, and I said, 'This is going to be serious,'" said Martinez. "I said, 'Let's go, fight me like a man,'" said Ordone. "I was scared. Next thing, I'm thinking a gun's going to come out," said Martinez. Ordone said he blocked the customer so he couldn't get out. "He threatened to kill me in front of my wife," said Martinez. Martinez called 911, but by the time police got there the Subway worker had already left. Ordone said he was fired from his job Wednesday, and that he is baffled the confrontation started over something as simple as ketchup. "There's ketchup three aisles down. You can go buy your own ketchup, and I promise to God, you can put as much as you want on it and nobody's going to say nothing," said Ordone. Economy Adds 155,000 Jobs (WSJ) Rebuilding following superstorm Sandy, which struck the Northeast in late October, likely added to job growth last month. Nationally, employment in the construction sector advanced by 30,000 jobs. Meanwhile, manufacturing payrolls increased by 25,000 and health-care jobs grew by 45,000. JPMorgan Faces Sanction for Refusing to Provide Madoff Documents (Bloomberg) The Treasury Department’s inspector general has threatened to punish JPMorgan Chase for failing to turn over documents to regulators investigating the bank’s ties to Bernard Madoff’s Ponzi scheme. Inspector General Eric Thorson gave the largest U.S. bank a Jan. 11 deadline to cooperate with the Office of the Comptroller of the Currency probe or risk sanctions for impeding the agency’s oversight. JPMorgan, according to the Dec. 21 letter, contends the information is protected by attorney-client privilege. Rich Catch a Break With Budget Deal Providing Deductions (Bloomberg) “The increases in taxes and limits to deductions are more favorable than expected,” said Christopher Zander, partner and head of wealth planning at Evercore Partners Inc. (EVR)’s wealth management unit. “They could have been worse for high net-worth taxpayers.” Regulators to ease up on banks to get credit flowing (Reuters) Banks will get more time to build up cash buffers to protect against market shocks under a rule change that could help free up credit for struggling economies, a European regulatory source said. The Basel Committee, made up of banking supervisors from nearly 30 countries, is expected to announce the revision on Sunday to its "liquidity coverage" ratio or LCR, part of efforts to make banks less likely to need taxpayer help again in a crisis. The change comes after heavy pressure from banks and some regulators, who feared Basel's original version would suck up too much liquidity at a time when ailing economies are badly in need of a ready supply of credit to finance growth. 'Stripper' arrested after performance art leads to ruckus in Hallandale (SS) According to police and witnesses, Mena, 25, was first spotted standing and yelling in the middle of A1A outside her condo building along the 1800 block of South Ocean Drive about 10:45 a.m. on Wednesday. Noel von Kauffman, 40, said he was walking along the street when he noticed Mena trying to direct traffic while wearing a tank-top, cut-off jean shorts and tall boots...At some point, Mena picked up a traffic cone and threw it at a car driven by Dieter Heinrich, 49, of Dania Beach, according to an arrest report. The cone broke the car's side mirror, causing about $300 in damages, the report indicated. When Heinrich got out of his car, Mena allegedly spat in his face. Von Kauffman said he jumped in to help Heinrich, who had children in the back seat of his car. Mena scratched von Kauffman's wrist as the two men tried to restrain her and move her away from the busy roadway, according to the police report. After pinning her to the ground, von Kauffman said the woman first tried to say the incident was part of a television show and that everything was being caught on camera. Then she claimed she was a federal agent. Then she said she was friends with Hallandale Beach Mayor Joy Cooper and everyone involved would be in trouble, von Kauffman said.

Opening Bell: 01.22.13

Glencore, Xstrata Move Closer to Deal (WSJ) The two companies, who want to combine to form the world's fourth-largest diversified miner with a market capitalization of about $80 billion, said they still need to secure regulatory approval from China. They will also have to abide by conditions set out by the South African regulator limiting the timing and scope of any layoffs stemming from the merger. SAC Misses Out On Big Investment (WSJ) Mizuho Financial Group had discussed last year making a major investment that could have brought as much as $500 million to SAC, said people briefed on discussions with SAC executives and advisers. But the bank ultimately notified SAC that it wasn't proceeding. By December, with scrutiny of SAC's trading practices mounting, the firm's executives told advisers and others inside and outside the firm that Mizuho's decision appeared final, the people said. Global A-List Descends On Davos (WSJ) Of all the sectors it is probably the bankers who are fielding the highest concentration of big names. Anshu Jainof Deutsche Bank AG,  Brian T. Moynihan of Bank of America Corp., Lloyd C. Blankfein of Goldman Sachs and HSBC Holdings CEO Stuart T. Gulliver are just a sample. Trust in Business Leaders at Low as Davos Begins (CNBC) Less than one in five people believe business and government leaders can be trusted to make ethical and moral decisions, the survey of some 30,000 people showed, with confidence particularly low in France and Germany. Calpers Buy-Hold Rule Recoups $95 Billion Recession Loss (WSJ) The California Public Employees’ Retirement System is poised to top a record $260 billion in assets, the market value it held before the global financial crisis wiped out more than a third of its wealth, by sticking with a strategy of buy-and-hold. The largest U.S. public pension, with half of its money in publicly traded equities, was worth $253.2 billion on Jan. 17, or about 97 percent of the pre-recession high set in October 2007. The fund returned 13 percent in 2012, about the same gain as the Standard & Poor’s 500-stock index achieved. Armstrong Becomes ‘Madoff on a Bike’ as Cheating Shatters Lives (Bloomberg) “He’s Bernie Madoff on a bike,” said John Llewellyn, an associate professor of communication at Wake Forest University in Winston-Salem, North Carolina. “The level of self-absorption and mean-spiritedness with which he has defended himself and castigated others over a decade makes an impression that’s pretty bleak for the human spirit.” Irish lawmakers back plan to allow drink-driving ‘in moderation’ (The Journal) KERRY count councillors have voted in favour of a motion which would allow people in rural Ireland to have ‘two or three’ drinks and still drive. The motion put forward by councillor Danny Healy-Rae calls on the Minister for Justice to allow Gardaí to issue permits to people in the most isolated parts of the country to allow them to drive after drinking some alcohol. Speaking to The Journal, Danny Healy-Rae said the idea was to help “those people in every parish who are isolated and who can’t get out of their place at night." Barclays Loses Anonymity (Bloomberg) A group of Barclays employees had a request to prevent their names from being published ahead of the UK’s first trial related to manipulation of the London interbank offered rate rejected by a judge yesterday. “I simply do not see that there is any sufficient case of prejudice” to the trial, Judge Julian Flaux said in dismissing the request. The names weren’t immediately released. Affiliates of Guardian Care Homes sued Barclays over an interest-rate swap tied to Libor and argued the benchmark was manipulated. The swap resulted in a loss for the Wolverhampton, England-based Guardian and Barclays was ordered to give the company’s lawyers the identities and e-mails of bank staff that were included in disclosures to regulators. Atari’s U.S. Operations File for Chapter 11 Bankruptcy (Bloomberg) Atari SA’s U.S.-based video-game- making businesses filed for bankruptcy protection inManhattan with the intention of separating from the unprofitable French parent and seeking independent funding. New York-based Atari Inc., maker of video games “Pong” and “Asteroids,” as well as affiliates Atari Interactive Inc., Humongous Inc. and California U.S. Holdings Inc., asked to be jointly administered in filings yesterday in U.S. Bankruptcy Court, according to a statement. “Within the next 90 to 120 days, the companies expect to effectuate a sale of all, or substantially all, of their assets,” in a free and clear sale under the U.S. bankruptcy laws, or confirm reorganization plans that “accomplish substantially the same result,” according to the statement. EU Approves Financial Transactions Tax (Reuters) A majority of European Union finance ministers voted on Tuesday to allow Germany, France and nine other euro zone countries to prepare to introduce a tax on financial transactions, said two officials who attended the meeting. The vote clears the way for Germany,France, Italy, Spain, Austria, Portugal, Belgium, Estonia, Greece, Slovakia and Slovenia to press ahead with their own tax on trading. Man paddles for love of Florida waters (NWFDN) Justin Riney turned his back on his degree in finance and last year followed his heart and founded his own non-profit organization: Mother Ocean...Riney needed a project to kick off his newly-founded organization and bring attention to it and when he read that 500 years had passed since Ponce de Leon discovered Florida, he decided that was a cause for celebration. On Jan. 1 he began a 365-day journey around Florida on a stand-up paddle board from Pensacola. He plans to spend six months paddling the peninsula, ending In Jacksonville on July 4. Then, he will spend six months on the inner waterways, ending Dec. 31 in Tallahassee. He has named this adventure Expedition Florida 500. Briton wrestles shark away from children in Australia (Telegraph) The incident happened on Friday in the Sunshine Coast region of the state of Queensland, and was captured by a local news team. According to Australia's Channel Nine, the shark came into very shallow waters and two men rushed to move it away before it reached children who were playing in the water nearby. Paul Marshallsea, a grandfather from Wales, and Terry Dale, a wildlife carer, pushed the shark towards open waters. The shark was also spotted in shallow waters of a creek by frightened parents, children and tourists.

Opening Bell: 04.08.13

Portugal Seeks Budget Options (WSJ) Prime Minister Pedro Passos Coelho said he would look for fresh spending cuts to keep Portugal's €78 billion ($101 billion) international bailout program on track following a Constitutional Court decision that threw his government into crisis by striking down some of its planned austerity measures. Hedge Fund Star Gets A Hip-Check (WSJ) Jeffrey Vinik's Tampa Bay Lightning are struggling, but the performance of his National Hockey League team isn't the only worry for the veteran stock-picker. Investors have asked to pull around $1.5 billion from his hedge-fund firm after a period of poor performance, according to people briefed on the matter. The withdrawal requests amount to around 18% of the roughly $8 billion that was run by Vinik Asset Management. The redemption requests have come as Mr. Vinik, who rose to fame in the 1990s as the manager of Fidelity Investments' Magellan fund, has added a new investment team and moved from Boston to Tampa to be closer to the Lightning, the franchise he owns. The moves have raised concerns in some quarters that Mr. Vinik, 54 years old, may have become less focused on investing, according to people familiar with the firm. Lew To Press For Policy Changes (NYT) Jacob J. Lew began his first trip to Europe as Treasury secretary on Sunday, a four-city tour in which he is expected to try to persuade finance ministers to pursue a little more growth and a little less austerity to improve the economic fortunes of the Continent and the world. Rogue Trader Leeson to Advise Irish Borrowers on Bank Debts (Bloomberg) Nick Leeson, the trader whose wrong- way bets on Japanese stocks ruined Barings Plc, is joining a mediation firm to advise Irish borrowers looking to renegotiate debts in the wake of the real estate collapse. Leeson, 46, who has lived in Ireland for more than 10 years, will join GDP Partnership as a principal as it expands into Dublin, the company said in a statement posted on Twitter by Leeson. There is “a lot of fear and stress currently in the country with debt the root of the problem,” it said. Greek Bank Merger Halted (WSJ) Greece's two largest lenders are heading for state control after their merger was halted by the government over the weekend. The unexpected move came after National Bank of Greece and Eurobank came up short in their plans to raise capital and amid fears by the country's international lenders that the combined entity could become too big to be bailed out by the government. Putin Faces Down Topless Protest In Germany (Reuters) Russia urged Germany to punish a group of women who staged a bare-breasted protest against President Vladimir Putin on Monday during a visit to a trade fair in Hanover with German Chancellor Angela Merkel. Three members of the women's rights group Femen, which has staged protests against Russia's detention of the feminist punk band P*ssy Riot around Europe, disrupted a visit by Putin and Merkel to an industry fair focusing on Russian business. They stripped off to the waist and shouted slogans calling the Russian leader a "dictator" before being covered up and bundled away by security men. "This is ordinary hooliganism and unfortunately it happens all over the world, in any city. One needs to punish (them)," said Kremlin spokesman Dmitry Peskov. Investors Bankroll Lawsuits (WSJ) A new generation of investors is plunging into "litigation finance," putting up millions of dollars to fund lawsuits in hopes of collecting when verdicts come down. Established financiers are expanding into new areas, including loans to law firms, and finding clients among the biggest American companies. Meredith Whitney Blasts Critics In Debut Book (NYP) Prominent bank analyst Meredith Whitney comes out swinging at critics in her debut book, “Fate of the States.” The Wall Street financial analyst, who made headlines with her accurate 2007 prediction that Citigroup would cut its dividend amid the unfurling financial crisis, says she was “pilloried in the financial press” after she warned of looming state- and city-bond defaults resulting from budget shortfalls. Whitney, who made her forecasts on CBS’s “60 Minutes” back in December 2009, blasted critics who claim her prediction of municipal-bond defaults suggested they would all happen at once: “For the record, I never said those 50 to 100 defaults would all happen in 2011.” Hedge Funds Cut Bets Most Since ’08 as Prices Slump: Commodities (Bloomberg) Hedge funds reduced bets on a commodity rally by the most since 2008 as rising supplies of everything from copper to sugar and slowing U.S. growth drove prices to the biggest slump in six months. General Electric to Buy Lufkin Industries for $3.38 Billion Cash (Reuters) Lufkin, which sells and services oilfield pumping units and power transmission products, has operations in the U.S., Canada, Latin America, the Middle East, and Europe. Man shot with arrow at gentleman's club (KN) The incident occurred around 3:30 a.m. Sunday at The Ball Gentleman’s Club at 3005 Alcoa Highway. Police responded to a E-911 call that someone had been shot, but upon arrival they discovered it wasn’t with a gun. A member of The Ball Gentleman’s Club security personnel appeared to have been shot with an arrow Powell said. Officers conducted an immediate search of the area, but were unable to locate the suspect. The victim was treated on scene.

Bananas

Opening Bell: 9.24.18

Kavanaugh nomination gets murkier; China not done fighting; Comcast getting SKy; Bananas full of cocaine; and more!