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U.S. District Judge Jed Rakoff was critical of the S.E.C.'s practice of entering into consent judgements which allowed defendents to not admit to wrongdoing. In his order Judge Rakoff rejected a $285 million settlement with Citigroup for a mortgage-bond deal. In his order he said such settlements are viewed by the business community as "a cost of doing business." He found it hard to discern what the S.E.C. would be getting out of such a settlement "except a quick headline." Rakoff summarized the problem with such settlements and the S.E.C.'s practices when it comes to the public's interest: "In any case like this that touches on the transparency of financial markets whose gyrations have so depressed our economy and debilitated our lives, there is an overriding public interest in knowing the truth. In much of the world, propaganda reigns, and truth is confined to secretive, fearful whispers. Even in our nation, apologists for suppressing or obscuring the truth can always be found. But the S.E.C., of all agencies, has a duty, inherent in its statutory mission, to see that the truth emerges; and if it fails to do so, this Court must not, in the name of deference or convenience, grant judicial enforcement to the agency's contrivances."...

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Jeff Madrick asks what kind of Wall Street and banking industry would best serve the American people.

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The New York Times reminds readers that Newt Gingrich- who criticized Romney's record at Bain Capital- was himself on the advisory board of private equity firm Forstmann Little. This editorial describes Santorum, Romney and Gingrich as corporate candidates who had close ties to private equity or lobbying firms.

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Only 61% of shareholders present at the annual general meeting voted in approval of the management at Deutsche Bank in May 2015. Legal settlements and lack of trust in strategies of management have hurt credibility. A large part of the lack of credibility comes from the culture at Deutsche Bank which is seen as slow to change. Co-CEO Jain was head of the investment bank when traders engaged in activities that are causing large legal settlements for wrongdoing. Strong criticism came at the annual meeting from shareholders. Han-Martin Buhlmann of the shareholder association VIP raised the question: "Mr. Jain, are you the solution to the problem or part of it?" Alison Esse, managing director of change consultancy, The Storytellers, says shareholders had voted no-confidence against senior management because they lack the credibility to restore the reputation of the bank.

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Senator Edward Kennedy turned a close election around with an ad in 1994 attacking Romney for job cuts. The result was a 58% to 41% defeat for Romney. In Iowa a Perry ad presses this issue saying "Mr Romney made millions buying companies and laying off workers."

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This editorial by the Washington Post says private equity taking risks on troubled firms is Capitalism 101, and fulfills the role of "creative destruction" in capitalism as it functions in the American system as compared to the European system. It says private equity's gains in its investments are taxed as "carried interest," at a lower rate than ordinary income, and this needs to be changed so that government does not favor private equity investments.

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The risks to the Romney campaign in the U.S. Republican primaries after his work at Bain Capital comes under scrutiny. In the 1994 Senate election in Massachusetts Senator Edward Kennedy defeated Romney by focussing on the loss of jobs at companies acquired by Bain Capital. Kennedy's television advertising showed employees at Ampad who lost their jobs after a takeover by Bain Capital. A study by Stephen Davis of the University of Chicago, John Haltiwinger of the University of Maryland, Jos Lerner of Harvard, Ron Jarmin and John Miranda of the Census Bureau; looks at 3,200 buyouts between 1982 and 2005. It shows private equity firms shrinking the number of employees by about 6% more than other firms in the first 5 years. It also shows the firms largely offsetting the job losses through the firms that succeed and are expanded with new employees. This study does not look at a longer time frame. A recent examination of buyouts by Bain Capital over an eight year period by the Wall Street Journal gives a better picture because some of the firms went into bankruptcy during the 8-10 year time frame. Many of the jobs added are in the retail sector with lower wage levels- at Sports Authority, Staples, Toys R' Us, and Michael's for Bain Capital. ...

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Anshu Jain, co-CEO of Deutsche Bank, will be replaced by John Cryan, a former UBS executive, who has no connections to investment banking. Deutsche Bank's investment banking operations would have to take on more leverage to be competitive with larger investment banks, according to experts. This would put the bank in serious problems with regulators. Another problem evident at the recent shareholders meeting is that the old management is perceived as part of the problem that led to large legal settlements with authorites. Anshu Jain leaves at the end of June, and the other co-CEO Jurgen Fitschen will leave in 2016. This closes a chapter in Deutsche Bank's history in which its image in Germany has suffered badly because of investigations.

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Lohr describes changes underway in capitalism. Capitalism not purely as economic but rooted in the communities it is in and the overall society. As government becomes a partner of business in navigating this perod of acceleration of changes, that were already underway, whats important to society as a whole is taking prominence. At the WSJ summit recently, CEO's cited obesity in America as a number one concern. Issues like climate change and pollution are taking on more weight, especially with the US playing a role in global efforts to control it. Overconsumption of energy and of resources like oil also become a concern that business works to address. The modern corporation, the salaried manager, the industrial peace with unions and management working together, were not always with us, they were a result of the problems experienced in the years between the 2 wars. And the technologies of telephone, railroads, and telegraph, and the automobile created the mobility and communications that accelerated change in societies and communities, rural and urban areas throughout the growing USA. Now another set of changes will accelerate trends already underway. And business will have a more social face with society becoming interwoven with the other things business does and coloring all aspects of what it is trying to achieve....

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A former Wall Street trader says banning bonuses for investment bankers would take out much of the risk in the financial system. The current system is different from the one he joined as an intern in the 1980's, he says. At that time banking was a bland business, where the head of a financial firm made about the same as a junior trader makes nowadays. Large bonuses of today were rare at the time. What large incentives to take risk in the form of bonuses do is to encourage extreme risk taking, especially when the downside or pain as a consequence of these decisions is passed on to other individuals or institutions, or the government.

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Of 21 reader comments to this piece on banker pay, all except for 4-5, were very critical of the bankers behaviour, including many of their colleagues in the financial industry who commented. The lack of any response from the FSA on the grounds that its not the FSA's job, or from the Treasury, is disconcerting. Treasury is said to have not said a word, when RBS hired a head trader for a rumored 7 million pounds. All this coming on the heels of the RBS and Lloyds debacle, makes the Labor government open to attack from the Conservatives under Osborne and Cameron. and from Mervyn King of the Bank of England. They have expressed strong disapproval of the busines as usual attitude of bankers.

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Responding to criticism of the Clinton Foundation which has affected Hillary Clinton's ability to win voter support in her contest with Bernie Sanders, the Clinton family has decided to take action in August 2016. The Clinton Global Initiative will be discontinued in 2017. Bill Clinton and Chelsea Clinton will stop raising funds for the Clinton foundation. The Clinton Foundation will not accept funds from foreign donors. What started as a do-good effort to raise funds for worthy causes such as world health, poverty and hunger turned out -because of its very success in raising large amounts of money from corporate donors- into a distraction for the election campaign of Hillary Clinton in 2016. It opened up Hillary Clinton to charges of having conflicts of interest from outsiders Sanders and Trump. Hillary Clinton discontinued her association as a board member of the foundation in 2015 when she began her campaign. Bill Clinton continued to give paid speeches and raised $2.6 million. All that fund raising appears to have been a big mistake and not even fair to the candidate, as it gave rise to misperceptions about the candidate going far beyond what the Clintons ever understood about was happening. As former Labor Secretary Robert Reich put it, it gives rise to accusations of impropriety that may affect an election, without the voters getting a chance to evaluate the candidates on the basis of what each candidates program or agenda is. In this the Clinton family may have realized that in retrospect the entire foundation activity appears to be a small matter, when put next to the choices facing the U.S. and the world in 2016 for the next decade and beyond. The Clinton Foundation in future would be managed by people independent of the Clinton family and circle. The next step would be setting it up as a public foundation, a new board and professional staff. Was it all worth the problems it has created for voters being able to get a clear idea of what each candidate offered, an not acting as a huge and dangerous distraction which Hillary Clinton and the country and the world could do without, considering the significance of making good choices in a general election- very much so. The foundation and the fund raising made it possible for outsiders Sanders and Trump to turn this election into one of slogans and accusations, to which the Clintons were unprepared to respond, acting as a distraction  which was bad for the country and the world. ...

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Gerald Seib of the WSJ describes the huge wave of young supporters who helped Labor party leader Corbyn in Britain's 2017 general election. He cites an analysis by the Financial Times that shows young people backed Labor over the Conservatives by 51 points more than the national average. People over age 65 backed Conservatives by 32 points more than the national average. This points to a staggering age gap of 83 points, said the Financial Times. Young people failed to turn out in large numbers during the Brexit vote, and this was a large factor in the pro Brexit win. One exit poll shows turnout went up by 12% in 2017 compared to the 2015 parliamentary election. Only 26% of voters in a WSJ/NBC poll for ages 18-34 years say they approve of U.S. president Trump's performance, 64% disapprove. Seib says the movement of Corbyn is similar to the Bernie Sanders movement in the U.S. and has implications for a similar surge of support showing up in the U.S.

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John Thain is interviewed by the WSJ's Andrew Johnson and Aaron Luccheti. He expresses regrets about taking the Merrill job.