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Judge Rakoff is interviewed by Adam Liptak as an essay by Rakoff appears in the December 22 issue of The New York Review of Books. Judge Rakoff is critical of the Justice Department for not prosecuting individuals responsible in the 2008-2009 financial crisis and merely offering excuses. He discounts the Justice Department argument that proving intent is difficult or that proving fraud is hard because of the sophisticated counterparties on both sides. He says assistant attorney general in the criminal division Bauer's assertion that you have to prove the individual involved made a false statement, intended to commit a crime, and that the other side depended on this for what they were doing, is misleading. The government is not required to prove that one party to a transaction relied on another party. On the difficulty to prove wilful criminal intent for individuals several layers above those who made and marketed the bad securities, Rakoff says the legal doctrine of wilfull blindness could have been used. Reflecting on why the Justice Department has not prosecuted individuals for wrongdoing the way Milken, Keating and Skilling were prosecuted in prior financial crises, Rakoff comes up with a explanation. He says the government's own role and the role of firms throughout the financial system is suspect in the 2008-2009 financial crisis unlike prior crises. Not only regulators are failing to to do their job. The financial system offers incentives for the packaging of bad debt securities. Fannie Mae has government backing and its management buys these securities to expand access to housing for low income people. The profits made on these securities brings U.S. and foreign banks into this business and leads to a proliferation of these securities around the globe to the point that small towns near the North Pole end up with these securities in their portfolio. This complicates things for prosecutors who in some situations have themselves worked for banks selling these securities. In its slow deliberative way the Obama administration, the Justice Department, and the S.E.C.'s new head, move to prosecute firms during the administration's second term, but not enough is done and tackling individual responsibility for deterring future wrongdoing in the interests of a safe and fair financial system seems a long way off....

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By acquiring Vodafone Japan Softbank CEO Son brought competition to the industry and challenged the duopoly of DocoMo and KDD telecom providers. After acquiring Sprint Son is taking a hands on approach to shakeup management at the company, which has lagged behind T-Mobile in building its subscriber base. After years of losses Sprint now faces the prospect of a complete makeover from the old way of doing things. Sprint is based in Overland, Kansas. Son says Sprint is like Japanese lords in feudal Japan who controlled everything in their lands, and said Sprint is a Kansas Daimyo. Masayoshi Son has asked executives to fire all the ad agencies and start over, at one point asking executives if they were stupid. Son has established shadow offices at San Carlos, California to monitor weekly progress at Sprint.

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The Christian Democrats coalition with the Free Democrats fails to win in the German state of Lower Saxony by one seat in a close election. The CDU won 36% of the vote, the FDP 9.9%, the SPD 32.6%, the Greens 13.6%. Merkel's CDU and the CSU is showing 40% support nationally, the SPD 23%. The next election is in Berlin.

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High on the agenda for the G-20 Feb. 2013 meeting in Moscow is how to fund infrastructure projects in emerging market countries. About $191 billion in infrastructure investment is needed annually in South Asia alone, according to the World Bank. India's Economic Affairs Secretary, Arvind Mayaram, points to the need for finding innovative ways of funding and reducing the risks for private companies by some kind of joint effort from developed and emerging market countries. The needs are extensive especially in transportation, water, electricity, sanitation. Growth lower than potential is facing India- with estimates of growth at just around 5% for the fiscal year ending in 2013. This affects Europe and the U.S. as there is less demand for exports of developed countries. Transportation projects critical to easing congested overloaded rail lines in Jakarta and Manila could not get financing under existing arrangements, making this problem a serious priority.

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Jeffrey Sonnenfeld sees the largest blunder of Roger Smith and Rich Wagoner at GM, as that of packing the Board of Directors with people who were friendly to him and likely to back him, so that few independent voices were heard during their entire time running GM. Both Smith and Wagoner were protected by staffers. Their opportunities to see and hear what was happening in the the outside world was limited, even as the world around them was changing rapidly. See the links to the incompetence of the Board at GM.

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Ajami cites his own memories of Egypt's Gamal Abdul Nasser, who had a way with crowds and rhetoric in the Arab world, as giving him an insight into the way Barack Obama found his way into the American imagination as a popular leader in 2008. He points out that the coalition of black people who put their faith in him as one of their own, of white educated professionals who liked his cool image, of Hispanics who had hope for better immigration policies, and working class Americans who set aside reservations of elitism to give their support, was put together on the basis of hope and charisma and the uncanny ability of Obama to let himself be seen as all things to all people. Because of the way it was put together it was bound to come apart, particularly for a candidate without enough experience, says Ajami. The aloofness of the president, reliance on Congressional leaders Reid and Pelosi, and relying on a very small circle of advisors whose eyes were focussed on reelection, made this more so. He cites as one example, the controversial decision on Syria's chemical weapons made on a walk with chief of staff Dennis McDonough. Ajami gives a picture of how Obama may be seen from the outside, especially in the Arab and Muslim world- from Turkey and Egypt to Saudi Arabia- a sense of illusions. A European and particularly a German perspective also may have similiar sense of illusions about having gone for the ride and believing the image put out by image handlers. The lack of sensitivity to German sentiments about the tapping of chancellor Merkel's mobile phone- herself a former East German resident of the Soviet backed GDR- bringing this out. A similiar sense seems to have taken hold in Brazil, after Brazilian president Rousseff cancelled a trip because of lack of sensitivity to the tapping of her phone, as she is a survivor of brutal dictatorships in Brazil. This is ironically a full circle, as happens in these situations of euphoria encouraged by politicians inevitably followed by disillusionment, because Turkey, Germany and Brazil were some of the countries where enthusiasm for the new president was highest. More so because president Lula of Brazil, Merkel of Germany,and Erdogan of Turkey were leaders Obama seemed to relate to the most. This acts as a cautionary note for the future....

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The election strategies of the ruling Congress party and the opposition BJP party in India for the 2014 general elections.

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Krugman points to some striking data in a U.S. Federal Reserve study, showing 47% of Americans do not have the money to meet an unexpected expense of $400 without selling something they own or borrowing. The is the 2nd year of this Federal Reserve study. It shows alarming information about the condition of retirement savings- about 30% of nonelderly Americans say they have no retirement savings or pension, and reported going without some kind of medical care because they could not handle the expense. About 25% say they or a family member experienced financial hardship this year.

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Deocuments from the weekly cabinet meeting show the new budget in France will increase revenues from household income taxes by 23%, and business taxes by 30%. The top marginal income tax rate goes up to 45% from 41%. Limiting a deduction for financial charges for company's taxable income brings in $4 billion in 2013, according to the finance ministry. The goal is to cut the budget deficit to 3% of GDP in 2013 from 4.5% in 2012. The finance ministry has assumed higher borrowing rates for future years- 2.9% on 10 year debt for 2013, up to 3.65% in 2015, and is not relying on the low rate of 2.18% on 10 year government bonds as reported by Trade Web Sept 28, 2012. The overall tax burden will be 46.3% in 2013, and 46.7% in 2015. French debt is at 91% of GDP for the 2nd quarter 2012, expected to be 91.3% in 2013 and falling to 82.9% in 2015. Prime minister Ayrault emphasized- "If we don't put a stop to this, taxpayer money will keep paying for debt reimbursement." Swift anticipatory action and unified government-business-labor posture under a favorable borrowing environment characterizes the approach for Britain and France in 2011-2012, compared to the situation in Spain where government action has been slow, not tough enough in cleaning up the banks, fallen behind in anticipating events and the government-business-labor unified posture has cracked under the strain. As a result under an unfavorable borrowing environment money raised from austerity type tax increases now goes to paying for debt reimbursement in Spain, leading to a situation in which debt and deficit reduction targets just get harder to achieve. A looming drop in credit ratings to junk status for Spain only makes the situation harder to overcome. ...

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Fitch Ratings downgrades Brazil's bonds to double-B-plus in Dec. 2015, a junk rating from an investment grade rating. The yield on Brazil's 10 year benchmark dollar denominated bond increased to 6.97% from 6.7%. Other emerging markets such as Turkey and South Africa now expect ratings downgrades in 2016 as the U.S. Fed raises interest rates. Standard & Poors downgraded Brazil's sovereign debt to junk status in September 2015. GDP in Brazil declined 4.5% in the third quarter of 2015 from a year earlier. Brazil's currency, the real, declined by 32% in 2015, making it harder for companies that borrowed in dollars to pay off debts. President Dilma Rousseff is facing impeachment proceedings following a corruption scandal at Petrobras.

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Economists score Geithner's performance an average of 51 out of 100, Obama's an average of 59, and Bernanke's 71. 42% of respondents scored Obama below 60.

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Joseph Stiglitz describes policies and programs of the Obama administration that favor banks and avoid a government takeover of over leveraged and badly managed banks in the U.S. President Obama's policy transfers financial assets to banks on highly favorable terms even though some of the banks made bad decisions and highly overleveraged assets creating the 2008 global financial crisis. The policies avoid a government takeover of banks, policies which the U.S. aggressively pushed for in other countries such as S. Korea during the 1997 financial crisis with Rubin, Summers and Geithner at Treasury. These policies would come under strong criticism because it rewarded risk taking and kept in place an incentive system that led to such behaviours- creating "heads I win, tails you lose" psychology. It also delinks the performance-reward relationship that is the basis of free enterprise in western economies. A problem that would be left from the crisis and the Obama administration's response to it is "Too-Big-To-Fail," with banks larger than before. The FDIC and U.S. Fed's plans for banks to have living wills for an orderly windup under Dodd-Frank legislation only goes a part of the way in tackling this problem. In the U.S., and in Britain, France, Germany, Switzerland, the related problem of high bonuses continues into 2014, with RBS bank in Britain one of the egregious examples and highly unpopular with the British public. The lack of similiar government help to homeowners, advocated by Reagan economic advisor Martin Feldstein and FDIC chairwoman Sheila Bair from the beginnings of the crisis stands in sharp contrast to the response of the Obama administration. See the links for Barr, Feldstein and Hoenig. In an ultimate irony from the crisis handling much of the damage from foreclosures was done to minorities which supported the administration. ...

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The effort to shift China's economc growth away from the rampant overbuilding in housing and industrial capacity of the past to domestic consumption, and focus on meeting the demand for better medical care, quality of food, education and other quality of life products. China's leaders met at the Central Economic Work Conference in Beijing in Dec. 2015 to work out ways to make this shift so that growth rate of 6.5% and other goals can be met. Plans include reducing industrial overcapacity, dealing with overinvestment and unused inventory in housing, reducing financial risks from high corporate debt to GDP ratio approaching 160% estimated by Standard and Poors Ratings Services. By comparison the U.S. debt to GDP ratio is 70%. A steep rise resulted from the huge China stimulus program of 2008-2009, when the ratio was 98% for China. Experts such as Derek Scissors of the American Enterprise Institute are pessimistic about the prospects of successfully implementing reforms, saying reducing industrial overcapacity was a goal of the new Jinping Li-Keqiang leadership in 2013, but not much progress has been made in 2 years....

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China's July 2012 exports were up barely by 1%, over the same month prior year. Exports to the European Union declined by 16.2%. A big problem is cost increases for land, labor and electricity. By 2004 China's exports were growing at a peak rate of 35%. Since then prices of inputs have increased- wages by 150%, land by 70%, and electricity prices by 30%, according to Dragonomics. The yuan appreciated by 30%. Productivity is increasing by about 8% a year, according to the World Bank. As a result of the price increases of inputs the competitiveness of China, with products exported mainly on the basis of price, is deteriorating.

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Richard Cohen, Washington Post reporter, on the "no fly zone" option in Syria and how it could have prevented the loss of 300,000 lives, prevented millions of refugees, and moving politics in Europe in a direction that reverses the gains made in the post war period towards a more tolerant society.

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Friedman calls for a third party candidate to bring a focus on the issues facing the U.S. - winding down the war in Afghanistan, increasing fuel economy and conservation to reduce dependence on foreign oil inclusing a gasoline tax, enacting the proposals of the Simpson-Bowles Commission which eliminates or reduces tax expenditures and reduces spending, and provides any needed fiscal support for the short run. He says the two party duopoly is not working and even if the third party succeeds only in framing the debate and the issues in a constructive and useful way, it will have achieved something significant.

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The Alternatives for Germany political party and the opposition to the euro inside Germany. The support for the party is not broad grass roots based and some observers see it as a movement of the elite. It was started by Hamburg economcs professor, Bernd Lucke. Many party members formerly belonged to the Christian Democratic Union led by chancellor Merkel. Over two thirds of the members listed on the home page for the party have doctorates. The new party could create uncertainty about the outcome of the German by drawing votes away from Merkel.