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David Reilly points out why the Credit Suisse and BNP Paribas legal settlements with the Justice Department do not provide the needed deterrent effect or accountability to protect our financial system.

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This NYT report looks at the last minute negotiations on the day the trial was to begin that led to the FNN television network working out a deal with Dominion.It says in a conference room down the hall from Judge Eric Davis's courtroom in downtown Wilmington, Delaware, were the head of Dominion, John Poulos, and the top investor in Dominion, State Street Capital co-founder Hootan Yaghhoobzadeh. In a call from Los Angeles was Viet Dinh, chief legal officer, close to Rupert and Lachlan Murdoch. Also calling in was a mediator who knew both sides, Jerry Roscoe, a veteran of wartime negotiations in the Balkans on a Danube river cruise with his wife. Roscoe says he had two things working for him- the about to begin opening statements of Dominion ("lies have consequences,") and the finalization of the jury selection (12 jurors presenting much uncertainty for Dominion) that had given pause to both sides. That Viet Dinh's hardline was just that an appearance, was Fox head Lachlan's earlier decision unknown to each side to raise the money needed for a larger settlement close to $787 million the company actually paid. It suggests that Fox heads Lachlan and Murdoch really wanted to settle in the final moments using as skilled a mediator as Jerry Roscoe . FNN television network also owned the WSJ, and WSJ had independently supported the 2020 election results from the beginning, as WSJ pointed out in its editorial this week. Murdoch's own position being ambivalent about his positions, never quite convinced what was the right thing to do whether his own judgement was dependable. FNN was simply following the practice of creating controversy to increase circulation, a practice going back to the Melbourne Herald in the 1920's when competing with papers from Sydney, under Keith Murdoch. Setting the early twentieth century origins of News Corporation, parent of FNN, following  the practices of increasing news circulation by pursuing controversy of British newspaper businessmen Beaverbrook and Northcliffe through the prewar period in the 1920's to the 1950's. In that period it had led to Beaverbrook to support Neville Chamberlain, and to oppose Truman and Churchill during the early days of the Cold War till the Berlin Blockade in 1948, positions which were speedily retracted in that time to back Churchill in 1940 and in 1948.   ...

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Bank of America Corp settled a shareholder lawsuit that it misled investors about the acquisition of Merrill Lynch by agreeing to a payment of $2.43 billion. The five plaintiffs included the State Teachers Retirement System of Ohio and the Teacher Retirement System of Texas. The plaintiffs accused Bank of America under Ken Lewis of making false and misleading statements about losses relating to the acquisition and planned to seek $20 billion if the case went to trial on Oct. 22. The series of never ending lawsuits and settlements are hobbling the bank's effort to recover. Company figures show Bank of America setting aside $42 billion for litigation costs, payments and reserves.

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Gretchen Morgenson provides an account of the history of activities under Countrywide Financial management and board of directors. Mozilo was CEO of the company before its activities led to the mortgage financial crisis of 2008. The subsequent wave of foreclosures had a devastating effect on the middle class and the U.S. economy.

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A way of gauging the extent of a bubble in the internet IPO's in 2013, says Hulbert, is the first day return on IPO's in the U.S. of 25% in mid-Aug to mid-Nov 2013 compared to 96% in the first quarter of 2000. He cites a study by finance professors Jerry Wurgler of New York University's Stern School of Business and Malcolm Baker of Harvard Business School, which stresses the need to use objective indicators in assessing the current equity markets and not relying on memories alone. Investor caution after two bubbles since 2000, active regulatory oversight of markets, and legal frameworks updated for changes in financial markets have provided additional safety and stability to markets. The study authors cite evidence for the changes in the way investor sentiment values speculative stocks compared to established stocks. The price/book ratio per share or net worth of established stocks is way higher compared to speculative stocks in 2013 compared to 2000. In 2013 established companies in the S&P 1500 index, according to FactSet, had a 49% higher price/book ratio on average than speculative stocks. Wurgler and Baker used dividend paying stocks as "established" stocks compared to non dividend paying stocks as "speculative." Another piece of evidence that companies are also adjusting to sentiment this time is that less money is coming from stock issuance in 2013 of 11% compared to 20% in 2000. Visible evidence of company behaviour is also telling- banks are changing bahaviour after tougher regulatory oversight and settlements in 2013. GE is planning to shrink GE Capital and put it on sale. Investors have sharply cut back allocations to stocks and are returning to modestly higher allocations from much lower levels and memories of 2000 and 2008 are still present....

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Morgenson cites Paul Diggle, property economist at Capital Economics in London, about why the $26 billion mortgage settlement between the state attorneys general, the U.S. government and the large U.S. banks is unlikely to make much difference to the foreclosure problems in the housing market. The agreement provides for reducing principal by $17 billion over 3 years for homeowners under water. Diggle points out that $17 billion is a drop compared to what is needed, because 11 million homeowners are now under water on their loans to the amount of $700 billion. The $17 billion is a mere 2.4% of the negative equity of $700 billion.