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A report by a third party panel says Olympus management, internal auditor Hideo Yamada, former vice president Hishashi Mori, and two CEO's Tsuyoshi Kikukawa, and Masatoshi Kishimoto, hid investment losses from Japan's asset bubble in the 1980's. But it did not find links to organized crime, as reported in the media. The report stated: "The core part of the managemet was rotten, and that contaminated other parts around it. The situation was the epitome of the salaryman mentality in a bad sense." By salaryman mentality the report was pointing to Japanese culture of corporate loyalty in a bad situation. Also coming under criticism were the auditing firms of Ernst &Young, and KPMG, for signing off on the financial statements, though the panel acknowledged the difficulties of unraveling the scheme known as tobashi of transferring unprofitable assets.

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The port of Long Beach which takes in 20% of the container shipping of the USA,, and is next only to Los Angeles port in container shipping, is becoming a story of two economies, the American and the Chinese. Thousands of cars from Toyota, Nissan and Mercedes are piling on port property turning it into one huge parking lot, as dealers across the country say they have no need for them, and piles of paper and metal baled together to be shipped back on these ships to China to be recycled into cardboard for export boxes are also piling up as China no longer needs them. The drivers who drive the trucks are also being laid offf and looking for new jobs, which are signs that a deeper economic downturn is underway and the the Detroit automakers GM and Ford CEO's who told the Banking committee that they are making their estimates for 2009 on the basis of a 13- 14 million vehicle sales year may be in for another rude shock. The figure for the last quarter may be running at 10 million, and if this continues into 2009 as its expected to do, even the producton of cars after accelerated plant closures may have nowhere to go in 2009. Which is why there are so many questions about what is going on in the auto industry and so much need for candour and frank discussion that was missing in the evasiveness apparent in the Senate hearings on November 18, 2008, as CEO and union president skirted around the issues and senators failed to ask many other questions like these on what is happening on demand as well as many others....

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Sorkin discusses the speech made by Hillary Clinton at NYU's Stern School of Business on her capital gains tax plan to encourage long term investing by giving the current tax break of 23.8% tax on capital gains for the highest tax bracket only in year 6 following the investment. Black Rock CEO Fink is one of the supporters of delaying the current capital gains tax - his proposal was to treat capital gains favorably only after 3 years, and then decrease the tax rate on a sliding scale for each year following. Sorkin says the Clinton and Fink proposals come at a time when a useful discussion can take place on this issue to provide the right kind of incentives to investors, CEO's and their boards of directors. Hillary Clinton was clear about her proposal's intent- to support "outside investors who want ot build companies," and to disincentivize "cut-and-run shareholders."

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Peers discusses the divergent management styles of the two CEO's in a proposed merger of Fox with Time Warner, Jeff Bewkes of TWC and Rupert Murdoch of Fox. Murdoch is known for a management style that involves taking risks, compared to the style of Bewkes that emphasizes fiscal discipline. Because Murdoch's $80 billion offer for Time Warner is 60% stock this raises questions from Time Warner shareholders about the value placed on Fox's performance in future years. This is particularly true after the painful experience in the merger with AOL, which devastated TWC shareholders as AOL's business declined. Another difficulty is that the voting structure for the company uses nonvoting shares that give control of the merged company to the Murdoch family, with TWC shareholders not able to influence the future management- particularly Rupert Murdoch's son James Murdoch, who is co-chief operating officer, as Rupert Murdoch is 83.

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The NYT editorial on December 5 the day after the second effort by the automakers to present a case for a bailout loan, this time for $34 billion. The NYT says this time the automakers CEO's left 2 things behind in Detroit. One is their resignations, and other is plans to truly achieve the fuel efficiency gains possible comparable to what the European Union is aiming for, which is 50 miles per gallon in 2015. Instead the congress enacted under the influence of automaker lobbying groups a watered down fuel efficiency bill according to NYT, of 35 miles per gallon by 2020. It says experts believe that 43mpg could be achieved by then (2020) even without any technological breakthroughs and 50mpg could be achieved by making smaller cars. Only new management says the NYT could bring the deep cultural change needed for the industry in Detroit.

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Activist investors such as Starboard Value hedge fund are pushing Yahoo to sell its Yahoo businesses and keep its investment in Yahoo Japan (35% stake valued at $8.6 billion) and Alibaba (16.5% stake valued at $35 billion). This would mean the sale of the Yahoo brand with 210 million visitors to its website each month. Yahoo's board has tried changing CEO's, and Marissa Mayer in office for 4 years has tried different strategies including acquisitions but failed to make a difference. Yahoo is not able to generate profits from its business the way Google and Facebook have done, and large investors are losing patience with Mayer. Mobile's importance has grown in recent years benefitting Facebook and Google but not Yahoo in generating more advertising revenues. Yahoo's content is seen as commoditized not commanding the advertising revenue of sites that help navigate the internet (Google) or social media sites (Facebook) that offer unique value to users.

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The poor decisions made by former CEO, Mark Hurd, leading to underinvestment in research and development and lack of funding for H-P Labs, leave H-P in a weaker position. The cuts were lauded at the time by the financial media but left the company with weaker technological capabilities. The distractions since 2005, with changing CEO's and lack of proper direction in the company, a weak board of directors, a large bureaucracy and inefficient sales force, and the emergence of low cost competitors from Taiwan, are hurting H-P's performance and capabilities. Meg Whitman, the current CEO, plans another round of layoffs, following the layoffs under Hurd. About 30,000 of 324,000 existing employees will be retired or laid off. H-P generated only $1.7 billion in net earnign on sales of $127 billion in fiscal 2011. In smartphones, cloud computing services and tablet computers, H-P has either stumbled or still struggles to develop clear winners.

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Reserve bank of India's Governor Dr. V.Y. Reddy, who was a strong regulaor and did not allow mortgage securitizations, derivatives, and increased the reserves banks had to hold in case things went wrong. He had strict rules for bank lending in the real estate industry even as a real estate bubble developed in India, all of which is keeping India's banking system in good shape as it faces the global credit crisis. Criticized at the time by bank executives for his strict no nonsense rules, he is now regarded highly by Bank CEO's in India. One of this no nonsense rules was that banks had to hold on to loans they made on their books as banks all over the world have always done in the past, because it made good sense as banks were likely to police themselves for loans they were responsible for. Vague and possibly dangerous experimentation in the name of productive change was frowned upon and the tried and tested rules were followed.

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Before taking up the job of enforcement chief at the SEC, Robert Khuzami spent five years running the U.S. legal division of Deutsche Bank. In that job he worked with lawyers who advised on the collaterized debt obligations issued by the bank, and the details to be disclosed to investors. Like Goldman, Deutsche Bank has faced alllegations of not disclosing the proper information for its CDO's. Before joining Deutsche Bank, Khuzami was a prosecutor in the U.S. attorney's office in Manhattan for 11 years.

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A trader at JP Morgan's CIO London office made massive bets by selling credit default swaps for the 121 companies on the "CDX IG-9 Index," essentially betting on the financial health of companies on the index. The result was paper losses for hedge funds on the other side of the bet and gains in January and February for Chase CIO's portfolio of assets of about $350 billion, funds depositors had given to Chase and were not loaned out. This gradually reversed turning into large losses for JP Morgan.

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This is what Matthew Goldstein of Business Week had to say about the $13 billion Goldman received when the government paid for AIG to honor credit default swaps Goldman purchased to insure some of its portfolio of collateralized debt obligations (CDO's). He suggested Goldman return some of that $13 billion along with the $10 billion in TARP money.

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Christina Zander provides an exceptionally good report on what holds women back in work and managing positions in Sweden, Norway and Denmark. Even in Norway, Sweden and Denmark, with a more enlightened outlook in gender relations, the number of women who are CEO's for 145 Nordic companies is only 3%. For the U.S. Fortune 500 this is about 5%. Good child care benefits and parental leave laws that promote a fair distribution of child raising responsibilities between men and women are part of the enlightened outlook in Nordic countries. Yet the number of women being promoted to senior positions is limited. Interestingly rules requiring quota for women on Boards of Directors have led to a different situation on Boards- in 2013 41% of the boards at Norway's public companies were women compared to 18% at private limited companies. About 5.8% of general managers at publicly listed companies were women in 2013, 15.1% in private companies. Sandvik's Ms. Einarsson was promoted to a senior position recently. She says the opposite is true, one needs to start not at the top but at the entry level to ensure women are fairly represented. Culture is part of the problem as even in companies with equal male and female employees, the managers are mostly men. Men are seen as more eager to take responsibilities and risks, and are more integrated into networks. Even childcare and paid parental leave can be deceptive. One researcher shows that Swedish women still take the major part of responsibility for children, with 75% of the 480 available days. Women managers and researchers point to the difficulties women face with a full time career or working over 60 hours a week in a management position, and combining this with picking up children from daycare. Sofia Falk is the founder of Wiminvest, which helps companies invest in geting talented women. Her suggestions are that companies offer other incentives instead of more money- an assistant, private child care, grocery shopping, shared management positions, technical solutions to be able to work at home. The CEO of Sandvik, Olof Faxander, is persistent in changing company attitudes- he has raised the proportion of women in management positions to 21% from 9% in 3 years, eventually hoping to reach 33%....

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How ACA a company that provided bond insurance for Collaterized Debt Obligation or CDO's basically did not provide good insurance to the CDO issuers becase it did not have the financial resources necessary to do this but instead let banks and investment houses to benefit from the accounting rules in the insurance industry which allow another set of accounting rules different from GAAP (Geerally Accepted Accounting Principles). Under these rules banks and investment houses did not have to follow the mark to market rules of GAAP and could book the difference between interest payments and the insurance premium across the life of the bond (5-10 years), in the quarter they bough the insurance, what were essentially illusory profits. Merill Lynch issued a lot of these CDO's. In November 2007 ACA was forced to take $1 billion in losses for the third quarter. Standard and Poors downgraded ACA from A to CCC a month later. The downgrade forced ACA to come up with more collateral to show that it had the funds to back up its insurance. When it came short of funds Merrill Lynch, UBS, CIBC had to take big losses on these policies. This began the first big shocks on the Street at te end of 2007. Note that $43 billion in securities backed by risky corporate loans and bonds like the ones used for a lot of the buyouts have insurance from ACA. These could be the next to sour and lead to more writedowns as the economy weakens. ...

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U.S. Federal Reserve governor Daniel Tarullo tells the Council on Foreign Relations that so much remains to be done four years after the financial crisis. The law firm of Davis Polk says 67 percent of deadlines were missed for new rules required to be set in place by the Dodd-Frank legislation, including the Volcker Rule. Tarullo said: "It is sobering to recognize that more than four years after the failure of Bear Stearns began the acute phase of the financial crisis, so much remains to be done." Tarullo fears that crucial momentum may be lost because of the long delays stemming from resistance by the banks. Tarullo met with bank CEO's in April 2012. Banks have protested that Fed stress tests have not revealed the parameters for the testing. Tarullo's response given at a recent Fed conference in Chicago were that this would let banks game the exercize by running the Federal Reserve model and not improving risk management and capital planning, making this a mechanical compliance exercize. Banks have particularly opposed a requirement that limits the risk in business between two banks to 10% of their credit risk....

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Paletta, Hilsenrath and Solomon give an exceptional journalism report on the silence and tension in the room at the meeting on Monday, October 13, 2008, at 3.00 pm in the Treasury building. It was an historic meeting between Treasury Secretary Paulson, Fed chairman Bernanke, and FDIC chairwoman Sheila Bair on one side, and the head of America's leading banks on the other side. The situation was explained, the bankers asked questions, bankers were not allowed to negotiate, and at one point Bernanke had to intervene saying there was no need for this meeting to have a confrontational tone. Wells Fargo's Kovacevich asked why banks had to accept a capital injection. Kenneth Lewis of Bank of America softened the tone of the meeting by saying that "any one of us who doesn't have a healthy fear of the unknown isn't paying attention." Even before the meeting an anxious John Mack of Morgan Stanley asked Paulson for the reason for the meeting and Paulson told him, "come on down, you will be pleased." John Mack who had fought so many rumors of the firm's demise, was surely pleased with the $10 billon injection of capital in Morgan Stanley by the government in return for preferred share and a dividend of 5%, which helped assure markets about Morgan Stanley's future. Goldman Sach's also received $10 billion. The meeting was ended at 4.30pm. Before this Timothy Geithner, head of the New York Fed, acting as the point man went around handing each CEO a term sheet with a place to sign. Another meeting was setup for 6.30 pm and at that time all the term sheets were returned - and all were signed. There was no meeting. Treasury officials and Fed officials and others had hoped that the intervening time would give CEO's a time to talk to their boards, to think things over, and clear their heads. In a few hours the government took preferred shares in the nation's leading banks and injected $125 billion into the largest banks. Treasury injected $25 billlion in Bank of America, Citigroup, and JP Morgan Chase, And between $20 and $25 billion in Wells Fargo, and $3 billion in Bank of New York Mellon, and $3 billion in State Street. Another $125 billon would be injected into other smaller banks in coming days. Officials at Treasury, Fed and FDIC and other government officials hoped this would give a "confidence shock" to the nation's banking system. ...

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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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Fannie donated $79.5 million ad Freddie donated $94.8 million for lobbying services to politicians, Congressmen and lobbyists over the last ten years according to the Center for Responsive Politics. And their CEO's enriched themselves with huge pay packages. Raines who headed Fannie from 1999 to 2004 took home more than $52 million according to Equilar data. And Leland Brendsel who headed Freddie took home $28.4 million from 1993 to 2003. Shareholders of both companies will find their shares are worthless and smaller banks with large holdings of these shares will need help as their capital base will have shrunk dramatically. Imagine $175 million spent over ten years to get Congress to provide cover for the accounting irregularities, poor management, of these executives and thwarting the good sense of the Bush Administration's most experienced and knowledgeable experts upto the point that even Secretary Paulson had to back off from a poossible war with people like Barney Frank and others in Congress who acted on behalf of these companies right upto the last week when they were shown the door by the new regulator Lockhart, Bernanke, Paulson and others. Shows that a democracy is only as good as the thinking and care and good sense and the quality of people that goes into it....

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One big concern says Nancy Keates of the WSJ about the National Association of Realtors, is that the organization collects and puts out objective data about home sales, and at the same time provides a commentary on the statistics. It also has a mission to advance the interests of its members. There are 2.6 million licensed real estate agents, and NAR represents about 1.3 million of these real estate agents. Would the real estate agents and the NAR tolerate an economist who raised concerns about the boom in lending? David Lereah, is former chief economist for the NAR ,and worked there from 2000 to April 2007. He remained upbeat throughout these years, even when the market was headed downwards. And the way he sees it he was doing for 7 years everything the NAR wanted him to do, and he was pressured to issue these upbeat reports. Critics called him "Baghdad Dave", after a Iraqi information minister for his false upbeat reports even when the war on the Iraqi side was lost. And a Credit Suisse analyst called him Liar-eah for some of these upbeat assesments, when things were clearly going wrong. The way Nancy Keates sees it this economist was eager to profit himself in the boom years. He was an economics Professor at Rutgers, at the University of Virginia, and later an economist and regulator at the Federal Deposit and Insurance Corporation. He himself bought condos 2 in Washington in 2003 and 2004, and one each in Tampa, Richmond, Va. and Alexandria, Va. and Naples, Florida. Owning by 2006 six condos worth between $150,000 and $400,000 a condo. He had an expensive lifestyle says his wife, with a big house worth $780,000, a country club, sports fishing boat. So in some ways suggests this reporter, he was caught up in the boom himself with his investments and the demands of a expensive lifestyle, with little room left for independent opinion and analysis. This is a striking example of things gone wrong, with all the meticulousness and comprehensiveness with which data is collected having its value destroyed by the lack of strict objectivity in the analysis. And the intrusion of strong personal interest bias in one direction making the destruction of objectivity complete. Looking at the economists at companies and associations, there is a subtle bias in operation that needs to be discounted by CEO's and association heads, a bias for giving the CEO's better and optimistic assessments on a consistent basis. An example is the way a large number of economists see the recovery taking place in 2009. Another related example is the sales forecasts for the Detroit auto companies that continued to assume sales in the 16-17 million a year rate into the latter half of 2008, even after the Bear Stearns collapse in March and the increasing foreclosures suggested something was amiss. All with horrendous consequences for the companies or industries involved, and the US and global economies....

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After the hearing on November 18, 2007, in the Senate in front of the Banking Committee, most senators remained unconvinced. Prof. Morici of the University of Maryland and some senators including the senator from Tennessee asked tough questions about the automakers business model and viability going forward and some senators voiced deep concern about the automakers resistance to better fuel efficiency standards. The testimony given in advance and the remarks ahead of the questions showed the Detroit automakers CEO's were in a disconnect as they did not come forward with an acceptance of past mistakes on fuel efficiency, lack of vision on energy conservation, and failure of union and management to address benefits and work rules that were obsolete a long time ago, relying too heavily on lobbyists and on the plea by Michigan senator Debbie Stabenow for aid. Failure to do this and relying too heavily on the job losses and economic threat may have alienated many senators who are outside the midwestern region where most of the Detroit automakers are concentrated....

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One of the severe problems noted in the recall disaster of 2010 was that practically all important quality and safety decisions are made in Japan. Without key American decisionmakers in the process this leaves Toyota exposed to all sorts of errors like the errors that ocurred in stalling the National Highway and Traffic Safety investigations into acceleration and braking accidents in Toyota vehicles. To compound theses errors managment at Toyota focussed on the $100 million in savings that avoiding or minimizing the recalls would generate, as revealed in internal documents. Early warning signs of similiar problems in Europe were not linked to problems in the U.S.. All this was ocurring against the backdrop of a change in management at Toyota- with the Toyota family once again regaining control of the company- and the failure of the management under Watanabe and previous CEO's to put quality before rapid expansion. The new changes are to have 2 new senior executive positions in the U.S. to focus on quality and safety. A chief safety executive will focus on safety and recalls, and a chief quality officer coming from the top ranks of the American operation will now sit on a special committee for Global Quality led by CEO Akio Toyoda. The commitee for Global Quality will address the global quality issues around one table with the highest ranking executives at Toyota right at the table to talk things out. ...

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Tom Albanese of Australia's Rio Tinto resigns, ending a six year period at the company, after taking a $14 billion loss in Jan 2013. Of this $10-11 billion is for the failed Alcan Aluminium acquisition, and $3 billion for the acquisition of Riversdale Mining with coking coal assets in Mozambique. The Alcan Aluminium acquisition has resulted in $30 billion in wirtedowns for Rio Tinto including the latest writedown. Aluminium prices have declined 22% since 2007. The coking coal prices have declined 43% since 2011. Shipping coking coal down the Zambezi would require dredging the river and approvals, the coal is also of poor quality requiring additional processing. Sam Walsh who headed the iron operations since 2004 takes over as new CEO. Walsh has managed the large Pilbara iron ore projects on time and on budget. Earnings on the large iron ore projects have increased 15 times since 2004, with near doubling of production. Rio Tinto is the world's second largest iron ore producer. The focus of operations will now be on developing iron ore deposits to meet demand from China, India, Russia and the Middle East. A string of CEO's of commodity producers have resigned. Anglo American's CEO Cynthia Carroll resigned after investing in an iron ore project in Brazil in 2007 which cost $5.6 billion more than expected to develop. Going to remote regions of the world has increased risks for mining companies and overoptimistic projections have hurt the companies badly....