Archive for the ‘Politics’ Category

BofA/Merrill – the other shoe drops

Friday, April 24th, 2009

One of the principles of a good lawyer is you don’t ask a question of a witness unless you already know the answer.

NY Attorney General Andrew Cuomo released to the SEC details of his questioning of Bank of America Kenneth Lewis. What has become clear is that as BofA was becoming aware of how much money Merrill Lynch was losing, they wanted to back out of the deal.

Then Secretary of Treasury Henry (“Hank”) Paulson and current Federal Reserve Chairman Bernanke threatened Lewis that the entire management of BofA would be fired if he didn’t complete the merger and conceal the financial mess Merrill Lynch was in from Bank of America’s shareholders. Paulson and Bernanke were in clear violation of US Securities law, according to the former SEC Chairman Harvey Pitt and other industry experts according to the Bloomberg News Story.

The future of Health Care

Friday, April 24th, 2009

The Washington Times has a story today about problems with the EMS ambulances in Washington D.C.   It’s primarily a local story (Washington Times is a local newspaper in addition to trying to have a national audience), but it has clear national implications.

Washington DC is peculiar in the entire country in that it is a city run by the Federal Government.  D.C. is not part of Maryland or Virginia – the city gets its funding from Congress.   The normal city funding model of using Property Taxes can’t work in D.C. because so much of the real estate is owned by the Federal Government and cities and states are not allowed to tax the Federal Government.

The District sent its paramedics off to be evaluated to see how evaluate there ability to perform life saving tasks were.   Only three of 95 paramedics tested had passing scores for entry level paramedics. 

What has been the ciy’s reaction?  They threatened to take legal action against the Washington Times for disclosing the results of the testing.

Welcome to your new heath care system, America.

Bankruptcy Watch – Chrsyler

Thursday, April 23rd, 2009

According to the NY Times, the U.S. Treasury Department (translation: Tim Geithner) is preparing the paperwork for filing Chapter 11 next week when the April 30th deadline arrives and Chrysler hasn’t found a buyer.

Geither’s folks have been talking about surgical bankruptcies for both GM and Chrysler – splitting up the “good” and “bad” parts of the company, taking the good and giving them to the UAW and current workers – and leaving the bad parts with the creditors – but that’s not the way bankruptcy works. 

One creditor cannot dictate the terms of the bankruptcy settlement for the others, segregate assets for themselves and cut up the pie the way it wants  (putting the UAW’s claims in front of bondholders – for instance).   Neither can the “Debtor in Posession” do that (DIP is the entity runnning the company while it works through the bankruptcy). 

Those decisions are the role of the bankruptcy judge – and following the law and legal precedents of similar cases in the past.   The more creditors that agree on a single plan, the more likely the judge will accept that version of the plan. 

Section $1114 of the US bankruptcy code already has rules about how to deal with retiree health insurance when their former employer goes bankrupt.   In addition, special COBRA provisions have been added in the past few years allowing retirees to buy COBRA for the rest of their life, and a 65% tax credit to pay for most of it (if they are working for a company whose pension plan was taken over by the Pension Benefit Guaranty Corporation). 

[I am not a lawyer]

Update:  Daniel Howes writing for the Detroit News makes the same point.  He quotes Larry Denton, the former CEO of an auto parts supplier that has been through the process:

“If GM thinks they can package this in a 90-day period, that’s pretty naive. The judge can’t say, ‘I’m going to give this company a good deal here because of its size,'” Denton says. “He has to follow the law.”

Then again, the Rule of Law doesn’t seem to apply lately to the Obama administration’s actions.  Perhaps this is a dry run to see if Geithner can force through the GM bankruptcy in June on his terms.

The Next Crisis – Upside Down 401(k)s

Tuesday, April 21st, 2009

This will take a little longer than home mortgages to play out, but could be a much bigger disaster.

The types of people who “used the system” to “flip houses” and buy preconstruction condos (and are now the ones in default in the real estate mess) are the same types of people who would exploit the loopholes in 401(k) plans.

The 401(k) plan is intended to be savings for your retirement – so that we don’t wind up with a country full of poor senior citizens – but the politicians weakened the entire idea by allowing people to borrow using their 401(k) plan as collateral (originally only for an “emergency”, but that was further weakened).

First the rules:

  • You can only borrow 50% of your “vested balance”, up to a maximum of $50,000
  • You have to repay the loan in 5 years (with some exceptions)

So what some people do is deliberately withdraw their contributions right back out and spend the money – avoiding paying income taxes.  Thirty  years from now, they’ll deal with the unpaid loan balance – Live for today because we could die tomorrow.

But what happens if the “unthinkable” happens?   What if value of the investments in the 401(k) dropped by more than 50%?  Well, that could never happen of course.   The person with the 401(k) could end up owing more on their 401(k) loan than what the 401(k) is worth.    What happens then?  Forced repayment of the loan?   The 401(k) being liquidated by the trustee to pay off the loan balance?   Everyone closes their eyes and just Hopes things work out?

Well, there are 30 years left for the stock market to go back up, so why worry?  

For people trying to fend off foreclosure, borrowing against a 401(k) account is an obvious choice as there is no credit check  – the “loan” is just you borrowing you own money( right?).   You have 5 years to repay the loan back – and what’s the chance things won’t work themselves out in the next 5 years?

Tick. Tick. Tick.

Stealth government takeover of business isn’t new

Tuesday, April 21st, 2009

Several of my “polls” highlight the fact that many of the largest companies (Wal*mart and  GE come to mind)  in the United States are already  largely owned by State Employee/Teacher Pension funds and the prepaid tuition plans where you prepay a State run fund for your children’s college tuition.

For the most part, as long as they’re making money, the state run funds have kept away from telling the companies what to do (at least publicly).  That became more visible today.

According to this Bloomberg Story, the Treasurer of the State of Connecticut (which owns 3 million shares and has lost $47 million) is publicly calling for the resignation of the CEO of Bank of America.    Is this in part a political act or just a politician trying to shift blame away from his own decisions?

From time to time, the topic of the “Social Security” Lock Box comes up, and that we should instead invest money in buying stocks in American companies. 

The Republican proposals generally are along the line of the 401(k) plans,where you could take a portion of the social security taxes and invest them in mutual funds.  

The Democrats usually think in terms of having the Social Security administration invest a portion of the income stream in stocks, the same way the State Employee/Teacher pension funds do – which is defacto nationalization of U.S. business. 

It’s going to become really important to understand the difference.

Google Earth Street View

Wednesday, April 15th, 2009

If you haven’t tried Google Earth, or haven’t looked at it recently – you really need to take a look.   What you will see should scare the hell out of you.

Google Earth’s “Street View” seemed innocent enough – it started out by having someone in a car driving around San Francisco taking pictures of the buildings downtown and making those pictures available integrated in with the satellite imagery and maps.

What’s changed is the scope of what they have done.   It isn’t just a few big cities with a high curiousity level and interest from tourists – they have now sent their cameras to pretty much every street and rural road in America, taking 360 degree pictures every couple hundred feet and placed it all online on the internet.

Back in the heyday of the Soviet Union, they produced deliberately wrong maps as disinformation to prevent the United States (and possible future and past enemies like Germany) from having an accurate understanding of where cities and roads were and identifying targets of military or economic significance.  Entire cities (like where their nuclear weapons programs were conducted) were not even shown on the maps.

Google Earth has essentially put pictures of every road, every house, every business in the Entire United States on the internet for anyone in the world to access without restriction.  With 2 pictures of the same object from slightly different locations, it is possible to create accurate 3d measurements.   

Google is not the government (yet), but this should cause you to have some thoughts about the conflict between the freedom of the first amendment and the government’s need to provide security.   Some countries in Europe are starting to push back on Google Street View.

What do you think the United States should do?  (if anything)

The Five Pillars of Obama

Tuesday, April 14th, 2009

Fox News (and the Washington Post) are reporting that today’s speech by President Obama will discuss the “Five Pillars” of the recovery of the U.S. Economy.

If you’re thinking….  I’ve heard the phrase “Five Pillars Of…” before, you’re right.   Islam’s core belief system is called the Five Pillars of Islam.

For partial credit, you might have thought of the Seven Pillars of Kwanzaa.

Just wait until you read the Ten Commandments of Obama.

Ethanol raises cost of Government Food Programs

Friday, April 10th, 2009

AP Story Here

Who could have seen this coming?  By converting farm land to making ethanol from corn, the price of food has gone up – requiring the government to spend more money on food stamps, WIC and the school lunch program.

Of course the executives from “Big Ethanol” say that isn’t true.

Japanese firm hires away traders from Bank of America

Thursday, April 9th, 2009

Reuters

Well, people warned Congress it would happen.

With the threat of punitive 90% taxes on their income and earnings caps on the truly talented in the financial services business becoming scapegoats, firms beyond the reach of Andrew Cuomo’s show trials and public intimidation are hiring away the very people who have the skills to prevent further collapse of the US banking and financial services industry.

Good job!… especially you Republican traitors in the U.S. House.

Arab Emirates to buy Textron – any problem with that?

Thursday, April 9th, 2009

Bloomberg

On a post over on the radio blog, I detailed how Textron got itself entangled in the Radio business.   Textron’s main products are Cessna airplanes and Bell Helicopters.  Textron is also involved in designing control systems for other military weapons.

Bell Helicopters are used by the US military and they were involved in building the new fleet of presidential helicopters that was just cancelled.  Textron was already obviously in finanical distress before that announcement.   The “war on private airplane travel” particularly hit Textron hard.

So today’s news is a group in the United Arab Emerites wants to buy Textron.  

Anyone have a problem with folks in the middle east owning the company that makes aircraft and weapon control systems for the US military, and  airplanes?

After all, we’re not at war with Islam – there is no risk here – we’re all part of the same community.