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Friday, 12 August 2011

British banks ordered to disclose debt exposure amid contagion fears

Financial Services Authority (FSA) has stepped up scrutiny of UK banks' exposures to foreign government debt as fears of European sovereign debt contagion sent markets into a renewed frenzy yesterday.


The City watchdog is in talks with Britain's banks and their auditors to ensure consistent disclosure of their sovereign holdings according to the standards of the recent European stress tests in their year-end results.

As fears over which banks could be hit by downgrades of sovereign bonds continue to rattle markets, the FSA has also upped its day-to-day monitoring of UK lenders' exposures.

An FSA spokeswoman said: "We have been holding discussions with the banks and their auditors in relation to their sovereign exposures. What we are looking for is greater consistency and disclosures across firms to give the market clear information."

Yesterday marked another round of turmoil for Europe's banks as fears about exposures to debt-stretched economies made investors question their ability to fund in the market.

Shares in Société Générale gyrated as the French lender sought to stamp out doubts about its financial strength. The bank was the focal point of Wednesday's rout of bank shares.

SocGen's chief executive, Frederic Oudea, staged a fightback overnight, dismissing negative speculation as "absolute rubbish". He called for the French market regulator to investigate the source of market rumours.

"People are scared so the tiniest information touches off irrational fears," he said. "[Our clients] should not listen to this stuff, which is totally baseless."

His comments rallied the shares but they then fell more than 9 per cent in a day of frenzied trading before closing up 3.7 per cent. Speculation about a European ban on short selling helped boost shares. BNP Paribas, France's biggest bank, closed up slightly after falling up to 7.5 per cent earlier.

However, average short interest across the Euro Stoxx banks sector was 2.85 per cent, only marginally above the average for European companies in general, according to Data Explorers figures. Short interest in SocGen was 1.23 per cent and was 1.95 per cent for BNP Paribas.

The figures suggest short selling was not a major factor in the banks' declines, though rumours planted by a few short sellers can wreak havoc.

The cost of insuring SocGen's senior bonds hit a fresh record, according to data provider CMA. Speculation about a downgrade of France's sovereign debt, a bigger bailout for Greece and the bank's ability to raise funds put SocGen shares under pressure.

Banks' overnight borrowing from the European Central Bank hit a three-month high as prices for inter-bank lending showed Europe's banks increasingly unwilling to lend for longer than overnight.

Analysts at Royal Bank of Scotland said SocGen was among European banks that rely most heavily on short-term wholesale funding.

"The mix of euro doubts and rating fears in recent days and weeks may have dented the confidence of funding counterparties, which has then fed back into equity markets," they said.

Markets rebounded after heavy falls the day before but sentiment was highly volatile. The FTSE 100 dropped as much as 1.3 per cent but rounded off the day up 3.1 per cent at 5162.83. The rally was led by Barclays which jumped 8.6 per cent and recovered almost all Wednesday's losses.

European shares registered their biggest surge for 15 months as the Stoxx 600 index jumped 3.2 per cent. However, the index has fallen 21 per cent since it hit a high for the year on 17

 

Saturday, 6 August 2011

US is stripped of its AAA credit rating for the first time

The move is a major political embarrassment coming less than a week after high-stakes wrangling among Republicans, Democrats and The White House pushed the US to the brink of default.
S&P had threatened the move in July if Washington failed to deliver what it judged to be a serious plan to tackle the country's deficit and last night, after several discussions with administration officials, the agency followed through. The US government's rating was cut to AA+ and the outlook for the debt was kept on negative in a move designed to keep pressure on Capitol Hill to go further than it has in addressing its $14trillion of debt.
"The downgrade reflects our opinion that the fiscal consolidation plan that Congress and the Administration recently agreed falls short of what, in our view, would be necessary to stabilise the government's medium-term debt dynamics," S&P said.
In its statement, S&P said that it had changed its view "of the difficulties of bridging the gulf between the political parties" over a credible deficit reduction plan.
S&P said it was now "pessimistic" about the capacity of Congress and the White House to stabilise the government's debt.

 

Friday, 5 August 2011

14 alleged members of the mortgage fraud ring include real estate attorneys, title closers, appraisers and straw buyers

14 alleged members of the mortgage fraud ring include real estate attorneys, title closers, appraisers and straw buyers. They were charged with conspiracy to commit bank fraud and wire fraud charges. The scheme involved more than 100 properties in New York and Florida, many of which are now in default or foreclosure.


The FBI has 10 of the suspects in custody, and is negotiating the surrender of others. Thirteen of those charged live in the New York area, and 12 of the suspects are expected to appear Thursday afternoon before a judge in the Southern District federal court in New York.

The other alleged member of the mortgage fraud ring was arrested in Texas Thursday morning.



The alleged leader of the ring, according to the indictment, is Gerard Canino, who created numerous mortgage brokerages, including First Class Equities of Long Island, and TAT Mutual Capital. Through these brokerages, the subject allegedly facilitated fraudulent real estate loan transactions throughout the New York metropolitan area.

Five loan officers, four attorneys and one disbarred attorney also were charged in connection to the alleged mortgage fraud.

From 2004 to 2009, Canino and his co-conspirators allegedly arranged home sales between "straw buyers" -- persons who posed as home buyers, but who had no intention of living in, or paying for, the mortgaged properties -- and homeowners, often people in financial distress, who were willing to sell their homes.

These straw buyers were allegedly paid hefty sums to obtain fraudulent mortgages, which were obtained by submitting fraudulent applications and documents, including fake W-2s and tax stubs, according to the indictment.

Wachovia Gets Dreier-Related Suit Tossed, While Rothstein Suits Settle

The trustee in charge of liquidating the estate of the law firm of convicted Ponzi-schemer Marc Dreier has lost a bid to recover money from Wachovia Bank, which loaned millions of dollars to Dreier prior to his conviction and his firm's collapse.
Am Law Daily sibling the New York Law Journal reports that Manhattan federal bankruptcy judge Stuart Bernstein dismissed the lawsuit Wednesday. Trustee Sheila Gowan had alleged that Wachovia loaned millions of dollars to Dreier after the bank should have become suspicious that the lawyer was acting illegally, the NYLJ reports.
Jordan Siev, Wachovia's lawyer and the New York managing partner for Reed Smith, declined to comment to the NYLJ. Gowan and Howard Ressler, who represented the trustee, also declined to comment. Both are partners at Houston-based Diamond McCarthy.
Dreier was arrested in December 2008 for orchestrating a $700 million Ponzi scheme and selling fraudulent promissory notes. According to Wednesday's decision, Gowan alleged that Wachovia had “inklings” that something was wrong in October 2007 when Dreier bought a $17 million yacht using funds from Dreier LLP accounts at Wachovia and soon afterward asked for an $8 million personal loan secured by a mortgage on the yacht.
Judge Bernstein ruled that Wachovia's suspicions did not amount to knowledge of the scheme and dismissed the case. Dreier is currently serving a 20-year prison sentence.
In another high-profile Ponzi case, Am Law Daily sibling publication the Daily Business Review reports that two clawback cases have been settled connected to the bankruptcy case of Scott Rothstein's defunct law firm, Rothstein Rosenfeldt Adler.
Fort Lauderdale federal bankruptcy judge Raymond Ray approved a settlement under which Chris Salamone, whom the DBR describes as a "former Rothstein friend and investor," will repay the bankrupt estate $500,000. The judge also approved a separate settlement under which Rothstein's former law partner Carl Linder will repay $75,000.
Rothstein pleaded guilty in January 2010 to running a $1.2 billion Ponzi scheme through his now-defunct firm. In June of that year, he received a 50-year prison sentence. Rothstein’s attorney is Marc Nurik, who operates his own practice in Fort Lauderdale.
According to the complaint filed by Rothstein Rosenfeldt Adler bankruptcy trustee Herbert Stettin, Salamone invested $1.8 million with Rothstein during an 11-month period beginning in 2007 and received $2.4 million in return, the DBR reports.

 

Bankrupt Tour Firm Hurting Local Turkish Hotels

The bankruptcy of Britain-based Holidays 4 UK is victimizing Turkish hoteliers, according to the Turkish Culture & Tourism Ministry’s office in the western province of Muğla.

Tourists who have been spending their vacation in Turkey’s Aegean province of Muğla and its towns under tours operated by the British company are still enjoying their holiday in Turkey, thanks to efforts by the office and the South Aegean Touristic Hoteliers Association, or GETOB.

Those who have completed their vacation are being sent to their countries from Dalaman and Bodrum’s Milas airports.

“Tourists are not the victims of this bankruptcy,” Muğla Culture & Tourism Director Kamil Özer told the Anatolia news agency.

GETOB Chairman İlhan Açıkgöz said the company had brought 43,000 tourists to Turkey so far, and it had booked for 40,000 people at Turkish hotels.

“Air Transportation Organizers’ Licensing [ATOL] will meet some of the losses due to the company’s bankruptcy, however ATOL will not pay outdated receivables,” he said.

Açıkgöz also said Turkish hoteliers would have a financial loss between 50 million and 100 million British pounds due to the bankruptcy.

“The only victims of this bankruptcy are Turkish hoteliers,” he said.

Some 6,000 customers of the British tour operator are spending their vacation in Mugla’s Marmaris town, an international tourism destination.

After Brighton-based Holidays 4 UK company’s bankruptcy, travel company Abta announced that the British tour operator actually had 12,800 customers in Turkey.

Speaking to the BBC, British Civil Aviation Authority’s executive David Clover said there was nothing to be concerned about, and every one would come back as planned.

Clover said customers who had paid the company but had not yet gone on their holiday would be refunded.

Holidays 4 UK had 18 employees and annual turnover around 35 million British pounds. It was carrying 100,000 passengers a year.

 

Bankrupt Rhode Island city may default

Even an anti-default state law might not prevent Central Falls, the tiny Rhode Island city forced into bankruptcy by ballooning pension costs, from defaulting on some debt, credit agency Standard & Poor's warned Friday.

Rhode Island enacted the law to safeguard other cash-strapped cities and towns in the state to reassure potential investors who might be alarmed by the possibility that more bankruptcies lie ahead.

Bankruptcies are rare events in the municipal bond market, but the economies and fiscal health of many states, counties, cities and towns are under stress because of the shallowness of the country's recovery from the recession.

This intensifies concerns that there will be more bankruptcies, a step being considered by Alabama's Jefferson County.

A Jefferson County bankruptcy would be the biggest in U.S. history. As demonstrated by California's Vallejo, which filed for bankruptcy three years ago, this strategy can be lengthy and expensive.

Standard & Poor's, referring to the recent Rhode Island law's technical name in its statement, said:

"Given the Chapter 9 bankruptcy filing, the prospect of full and timely payments on the General Obligation debt is uncertain, notwithstanding that, pursuant to the recently amended Rhode Island General Laws in Chapter 45-12-1, a first lien on ad valorem taxes and general fund revenues secures the bonds."

S&P said the outlook for Central Falls, which only has 19,000 residents, was "developing." In May, the credit agency cut the city's credit rating to C from BBB-minus.

Central Falls is current on all its debt payments, S&P said. "City officials have expressed to Standard & Poor's that Central Falls intends to continue to make full debt service payments and prioritize debt," it said.

Now under the control of a receiver, Central Falls has an $80 million shortfall in its pension fund and its bill for retiree healthcare is more than four times its annual $17 million budget.

City officials have asked the bankruptcy court to reject its collective bargaining agreements with the police, fire, and municipal employees unions, S&P said.

That is not the only harsh medicine expected: Central Falls officials also plan to wring most cost savings out of city workers. S&P said the methods include "increased copayments, deductibles, and coshares of premiums on active employee and retiree health plans and a reduction in pension plan cost-of-living adjustments."

 

George Osborne interrupts holiday to make debt crisis calls

Chancellor George Osborne held a round of urgent calls on the financial crisis from his Californian holiday home, including one to Mervyn King, the governor of the Bank of England, in which the two men agreed that the eurozone countries needed to move more quickly to set up the new euro-support structure agreed at their summit a fortnight ago.

Osborne also urged Italy and Spain to show that they will force through credible deficit reduction plans. In an attempt to dispel the suggestion that key ministers were complacently underplaying the crisis by staying on holiday, the Treasury gave a briefing on a round of calls made by Osborne, including one with the prime minister, on holiday in Italy.

David Cameron also spoke to German chancellor Angela Merkel by phone to gauge the German reaction to the crisis.

The Germans expressed anger that European Commission president José Manuel Barroso had suggested that fresh steps were needed beyond those agreed at the crisis summit on July 21.

The British focus is on seeing existing plans implemented, including empowering the European financial stability facility to buy bonds in the secondary market, offer precautionary credit lines and lend to recapitalise banks. The treasury minister, Justine Greening, admitted the developing crisis may make it harder for the government to meet its deficit reduction targets. She said: "Clearly the challenge we've got of getting our public finances back into order, rebalancing the economy and getting it back on track and creating jobs is now set against a very difficult global economic backdrop."

The most senior cabinet minister on duty, foreign secretary William Hague, insisted Britain was "not in the firing line", but convened an unscheduled stocktake with officials to assess the damage being done to Britain's banks.

The business secretary, Vince Cable, insisted the crisis would not damage the public finances, adding Britain is seen as a safe haven. He said: "Our banks have been made safer, there's a much stronger regulatory system in place and there's absolutely no reason why anybody should panic."

The shadow chancellor, Ed Balls, intervened, writing on the Guardian's Comment is Free site: "The idea that Britain – which has not grown for the last nine months and whose markets have fallen in the last 48 hours – is a safe haven or 'out of the firing line', as the foreign secretary William Hague claimed today, is not only complacent but patently absurd.

"The government needs to recognise that what we need in Britain, and across Europe, is a plan for growth. Without growth it will not be possible to get deficits down in a sustainable way. That is why the IMF and the government's own watchdog, the Office for Budget Responsibility, have issued warnings in recent days."

 

In one of the biggest banks in the centre of Athens a clerk is explaining how his savers have been thronging to pull out their cash.


Wary of giving his name, he glances around the marble-floored, wood-panelled foyer before pulling out a slim A4-sized folder. It is about the size of a small safety-deposit box – and those, ever since the financial crisis hit Greece 18 months ago, have become the most sought-after financial products in the country. Worried about whether the banks will stay in business, Greeks have been taking their life savings out of accounts and sticking them in metal slits in basement vaults.

The boxes are so popular that the bank has doubled the rent on them in the past year – and still every day between five and 10 customers request one. This bank ran out of spares months ago. The clerk leans over: "I've been working in a bank for 31 years, and I've never seen a panic like this."

Official figures back him up. In May alone, almost €5bn (£4.4bn) was pulled out of Greek deposits, as part of what analysts describe as a "silent bank run". This version is also disorderly and jittery, just not as obvious. Customers do not form long queues outside branches, they simply squirrel out as much as they can. Some of that money will have been used to pay debts or supplement incomes, of course, but bankers put the sheer volume of withdrawals down to a general fear about the outlook for Greece, one that runs all the way from the humble rainy-day saver to the really big money.

'Clueless' government

"Every time the markets move, I get phone calls," says an Athens-based fund manager. "They're from investors asking: 'How can I get my money out of the country?' "

One senior investment banker is more blunt: "People are scared that the government doesn't know what the fuck it's doing." He tells a story about an acquaintance who took out €30,000, wrapped it in a bag and stashed it in his garage. "The bag had previously had some food inside," he says. "So it attracted rats, who ate the notes."

Bags of money in garages, frightened savers fleeing banks and even the country: these aren't the sort of stories you associate with a comparatively-prosperous European country, but with a developing one facing a life-or-death economic crash. The fact that they are now emerging from Greece not only indicates the scale of financial distress, it suggests something else: Greece today looks like parts of Latin America in the worst moments of its financial crisis.

In an echo of the days of Jim Callaghan, the International Monetary Fund is back in Europe, doing what it is more accustomed to doing in Buenos Aires or Brasilia: making emergency loans and telling the government how to run its economy. What is more, the scale of the changes an overborrowed Athens is now making are so vast and so rapid that they will leave Greece looking like a different country.

The government itself describes its plan to slash public spending and jack up taxes as one of the most ambitious deficit-reduction programmes in the world. But what often goes missing from this discussion of a fiscal crash-landing is the impact on the lives of citizens who have precious little time to adjust. When salaries of civil servants are slashed by up to 30% within a few months, as happened last year, and over 20% of public-sector workers face unemployment within the next four years – plus whole swathes of national assets are to be privatised before Christmas, with more job losses doubtless to follow – then you are talking about a wholesale transformation of a workforce.

Greece is already one of the poorest and most unequal societies in Europe, reckons Christos Papatheodorou at the Democritus University of Thrace. Among the few countries that look worse are Romania, Bulgaria and Latvia. So what will Greek society look like after the government's austerity measures take effect? He pauses, then says: "It will probably look like a developing country."

That message has not been lost on workers either: one of the new nouns used by trade union members and others who oppose the cuts is kinezopeisi, or China-isation. The claim is that such large drops in wages will lead to a workforce paid barely more than their counterparts in Shenzhen.

The oddest thing of all is that some of the leading lights in the government appear to see nothing wrong in a wholesale transformation of Greek society, albeit not into one that resembles an enterprise zone in eastern China. Elena Panaritis is widely tipped as one of the up and comers in Greece's government, and it is not hard to see why: smart, formidably well-trained in economics after a career with the World Bank, funny and fluent in English, she is exactly the sort of person any prime minister would choose to give a keynote address to fretful institutional investors.

And for a Greek politician involved in pushing through some of the most abruptly painful economic measures in the country's history, she does not seem especially Greek. When I observe how many Apple computers are in her office, she replies: "That's because I'm not Greek, I'm American." Her speech is American-accented and peppered with "darn" and "have a nice day". [See footnote] When asked to describe how Greece needs to change its economy, her answer revolves around changing its institutions and its structures – in other words, making Greece less Greek. Castigating the bureaucracy, she says: "It's not a kibbutz, it's a big country!"

This is a line that you hear often enough from those who want Greece to change. By European standards, Greece has an average-sized public sector, but a very leaky tax collection system. What the public sector is, however, is under-resourced and inefficient. On my last day in the country, I wangle my way inside a public pensions office for those working in the tourism industry: there are just two Dell computers in one large room, and lever-arch files dating back 30 years. No one ever paid for the data to be computerised, I am told, and the result is that one day's work takes three.

Private sector woes

The other big problem is in the private sector, with few industries that are able to pay their way in the world. Jason Manolopolous, who is author of a new book called Greece's 'Odious' Debt, says that for years Greece was buying more from the rest of the world than it was selling. "We were buying BMWs from the Germans and selling them tomatoes."

For now, those days are well and truly over. In Athens' upmarket shopping district of Kolonaki, boutiques that used to have waiting lists for designer handbags have shut. One sign says the owners have relocated – to Rome. In one clothes shop, with racks of discounted Calvin Klein and DKNY, the manager, Sav, explains what's happened: "In this crisis, the middle classes have been hollowed out." That is just what happened in Buenos Aires during its crash last decade.

The result is that people who thought themselves used to one way of life, and in one social class, are getting used to a sharp downgrade.

In one factory, where a staff of 200 is now down to 30, the manager points to empty floors and idle machines. They're now all on unemployment benefit, he says. "Mind you, our pay has been cut too, so we're not that far off."

Outside the soup kitchen of the Aghia Triada church in Piraeus, near Athens, more of Greece's new poor are waiting for a handout. Anna and her two daughters have walked in the midday sun to get here and are now queueing up with the long-term homeless.

That is not Anna's situation though; she lost her job three years ago but has still hung on to her house. That said, she no longer has the income or the benefits to pay bills and the electricity was cut off last month.

Inside, Pater Daniel, the head priest, says that he's noticed a lot more "well-dressed, clean" people taking free meals from the church. He reels off stories of a 23-year-old man who left last week for Australia, and a 40-year-old woman who lost her job on Friday.

Because the Greek Orthodox church is partly on the state payroll, the clergyman's salary has fallen by almost 10% to €15,000 a year.

Is he saying that the Orthodox church is also subject to public spending cuts? Pater Daniel laughs, then holds up five fingers: there are five priests in Piraeus, and soon there will only be one. He's pondering taking a second job.

"There is too much pain, and people are looking for someone to listen and squeeze their hand." He sighs. "Everyday I leave this church with a headache."


Monday, 1 August 2011

Insolvency firm Jirsch Sutherland has begun clawing back money former Astarra Asset Management (AAM) director Shawn Richard paid out of his overseas bank account

Insolvency firm Jirsch Sutherland has begun clawing back money former Astarra Asset Management (AAM) director Shawn Richard paid out of his overseas bank account before becoming bankrupt.

Richard made numerous transactions from his Liechtenstein-based LGT Bank account prior to declaring bankruptcy, including a US$160,000 ($146,000) transfer to his parents in Canada, a representative of Jirsch Sutherland, Richard's bankruptcy trustee, said.

"The trustee demanded repayment of the US$160,000 from his parents," Jirsch Sutherland senior manager Michael Chan told InvestorDaily.

"Negotiations were conducted after and a settlement has been agreed on between the parties for a lesser amount."

Richard voluntarily entered bankruptcy in late January over the Trio Capita/AAM fraud and owed unsecured creditors about $3.22 million, a Jirsch Sutherland letter to the New South Wales Supreme Court said.

Most of the money is owed to National Australia Bank (NAB) and the debt was in relation to a "personal guarantee pertaining to loan accounts held by AAM" and Astarra Funds Management, it said.

Chan said NAB had made a formal claim of about $3.2 million against Richard.

NAB was unable to comment due to client confidentiality, a NAB spokesperson said.

The letter said that in terms of assets, Richard held nearly $40,000 in his Westpac bank accounts and also an undisclosed amount in the LGT Bank account.

The LGT account had nothing in it when Richard entered bankruptcy, Chan said.

"The funds in the LGT account was dispersed well before the bankruptcy occurred. It was dispersed over a period of time before the bankruptcy," he said.

However, Richard had provided limited assistance to Jirsch Sutherland in obtaining the LGT Bank statements and providing details of transactions in the account, he said.

"By him assisting us in getting the LGT Bank statements we are now able to determine where the money has been paid to as per the details on the bank statements from the LGT account," he said.

Jirsch Sutherland would be looking to claw back other transactions where possible, he said.

"There is definitely a significant amount that needs further investigation. The crux of the investigation is the LGT account," he said.

Richard was jailed on 22 July after a NSW Supreme Court judge convicted him of dishonest conduct while running a financial services business.

Last year, he pleaded guilty to two charges of dishonest conduct while running AAM and admitted to a third charge of making false statements in relation to financial products following an ASIC investigation.

The charges each carry a maximum penalty of five years' imprisonment or a $220,000 fine, or both.

Richard's sentencing is scheduled for 12 August.

"Mr Richard, in respect of the two counts of the indictment to which you pleaded guilty, I convict you on both," Justice Peter Garling said during the hearing.

"However, it is proper that I indicate to you that I will be imposing a sentencing of imprisonment.

"I wish, however, to proceed carefully given the evidence that is presented before me and the submissions on behalf of the crown and on your behalf."

It is alleged Richard dishonestly received undisclosed payments in his role as investment manager of the Astarra Strategic Fund (ASF) and Astarra Superannuation Plan (ASP).

ASIC alleged Richard and AAM received in excess of $6.4 million in undisclosed payments.