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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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Wilber and Tau of the WSJ report that Special Counsel Mueller in the Russia investigation has impaneled a grand jury to further strengthen his investigation. Mr. Mueller has put together a team of 16 attorneys with long experience as prosecutors. By working with a grand jury Mueller and his team are working only a few blocks from the U.S. federal courthouse where grand juries meet, which helps the team to conduct its investigation. A number of experts consulted by WSJ say this means a vigorous investigation is now being put together.  The U.S. Congress is also acting independently to support Mueller. Legislation being sponsored by Sens. Thom Tillis and Chris Coons on August 3, 2017, make it possible to reinstate Mr. Mueller in a situation where he is fired by the president. Under the legislation a special counsel can challenge his removal and a three judge panel could reinstate him. Separately Sens. Graham and Cory Booker are also putting forward legislation for the same purpose. All Senators are from both parties, the two Republicans are from North and South Carolina. In a rare show of unanimous bipartisan support for Russia sanctions following the involvement in the 2016 U.S. election, the entire U.S. Congress over 500 members voted in favor- except for 5 members. The vote in the House 419 to 3, and in the Senate 98 to 2. Such a level of unanimous support is rarely seen, suggesting how the U.S. Congress views this matter as of the highest importance. ...

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In this Agenda column Simon Nixon takes on the U.S. Treasury's criticism of Germany for its current account surplus of 7% of GDP in 2012, and not doing enough for the economies of southern Europe. The German government called it "incomprehensible." Nixon says it is better for the German economy to remain strong and to boost competitiveness and consumer spending in Spain, Portugal, Italy and Greece. He says the low eurozone inflation of annualized 0.7% for September 2013, which prompted the ECB to cut rates by 0.25%, is healthy to the extent that consumer prices are declining to adjust to a decline in wages. The reduction in labor costs is a way to restore lost competitiveness, just as Germany did in the last decade. The criticism is considered by many economists to be misdirected, and seen as "incomprehensible" by Germans, as Germans ask what would the U.S. have them do- provide stimulus when the government debt to GDP ratio is currently 82%, increase wages and how would this help Southern Europeans. Focussing on Germany's current account surplus says Nixon, is obscuring the larger issues of increasing consumer and business confidence and spending in the eurozone, and increasing bank lending. The new ECB bank resolution arrangements and other changes including deposit insurance if done right should help the recapitalization and restructuring needed for restoring bank lending to support recovery. Spain is furthest along in regaining competitiveness, with changes in Portugal, Italy and Greece also supporting a gradual return to growth....

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Efforts by charity groups in Andalusia, Spain, to get supermarket chains Mercadona and Carrefour to donate food for food banks. Some of the food goes to rural laborers hard hit by the unemployment in Spain. Unemployment in the region is about 34%. Spain's overall jobless rate is at about 24.6%. More unemployed workers are running out of jobless benefits in Spain in 2012. The percentage of unemployed people in Spain receiving assistance declined to 65% from 78% in 2010.

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In this interview with Alessandra Galloni of the WSJ following the June 28, 2012 European summit, Monti says Italian spreads with German bonds would be 1200 or something if the Berlusconi government were still in power. Monti later called Berlusconi to say he regretted the extrapolations on spreads mentioned in the intervew that could be seen as banal or abstract. This is taking the phrase out of the context as the comment was made in the context of a question by Galloni asking why Italian spreads were so high even after the actions taken by Monti to improve competitiveness including labor reforms. Monti's answer was that this was because markets are sensing that eurozone governance is weak, that though France has done less reform its spreads are low because people think Germany would never let France go. Monti makes the statement here that the agreement of Europe's political leaders that they would do whatever is necessary to save the euro after the eurozone June 2012 summit, including stabilizing the markets through EFSF/ESM instrument, gives the ECB the political and moral justification to engage in buying Italian and Spanish bonds to stabiize yields at acceptable levels. He just hopes the ECB does not wait till the night before the catastrophe (disintegration of the euro) before it acts, and does this slightly before that time. And his words to Merkel and Germany about the need for ECB interventions to stabilize yields are clearly stated- Merkel risks facing an Italian parliament that rejects Europe and the euro and is not a friend of Germany if the action is not taken.Throughout Monti remains committed to the idea of a economic and monetary union of Europe. To give up on the euro is to give up not just a currency but a civic culture. It is the most forceful statement of any European leader during the eurozone crisis....

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Nouriel Roubini has proven correct on global financial issues. He said in an interview on the sidelines of a symposium in Malaysia, that China needs to revalue its currency for its own sake. China will see a growth collapse in the next 2-3 years if it fails to do so. His point is that China can still maintain growth by shifting to domestic consumption and less infrastructure spending and exports. In his view growth should not be affected if China exports less and consumes more. He points to the decrease in consumption as a share of GDP from 45% to 36% in the last ten years- this ratio is 70% in the USA. A cheap yuan keeps foreign goods unaffordable and protects state owned companies which also get cheap credit, as keeping the yuan low requires China to keep interest rates artificially low. What this does is make a massive transfer of income from the household sector to the state owned companies, just at the time when China needs to do the very opposite of this. And compounding the problem is that the 25% of China's GDP that is made up of retained earnings of mostly state owned companies, goes into real estate and production facilities. See the link to David Barboza in the New York Times who points to the wasteful spending and real estate speculation by state owned companies. Roubini cites the automobile sector where capacity has doubled in the last year to 20 million, when the domestic market increased by 50% to 10 million vehicles. The stimulus only increased the effect of surplus capacity and misallocation of investment, with highways to nowhere and brand new airports that are three quarters empty. The Chinese leadership is beginning to grasp this, but the state owned companies and other interests who benefit fromm the old model, may make it difficult to reverse the trends. A lot is at stake in this, as it affects the U.S., as well as countries dependent on China's imports such as Australia, Canada, Brazil and Germany. ...

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43% of children under 5 are underweight in India, according to nutrition experts. This compares with 5% for China. China made its biggest strides in combatting malnutrition between 1990 and 2002, say experts by reducing malnutrion for children by two thirds. This suggest that malnutrition must have been much higher than 21% in China in 1990. And during the period between 1949 and 1980 China had focussed under Mao and his successors on the bread bowl, making sure that hunger was no longer a problem. This suggests the Indian middle class that thinks of the poor as there but not so worse off as to require a sense of urgency, or feeling slighted by the comparison with China need to do some thinking. From the perspective of progress the economy can only do well if rural and poorer areas are also part of development and share in the benefits of development. The other aspect of this is that the government can setup a program, and other countries like Brazil are also faced with the similiar problem and are tackling it aggressively. This is already takng place with a Right to Food Act in the Indian Parliament. Drafts of this Act call for a government subsidized minimum of 25 kilograms of food grain per family per month. But atttitudes in India need to go through a big change to take this problem seriously and with the urgency it requires from a developmental point of view, not only a moral point of view. What good is demographic devidend that many Indian leaders in many fields talk about if that demographic dividend is stunted by malnutrition, is the question all have to answer. Even software leader, Infosys's Nilekhani, in his book Imagining India talks about the large changes affecting India in the rural areas, the economic and technological progress, but fails to mention this aspect of malnutrition....

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Commander David Adams shows how with 250 paratroopers of the 82nd Airborne division, he was able to achieve greater success than 2500 American troops are able to do today in Khost province of Afghanistan. He says he did this by building roads, a spring water system for 12,000 villagers, and other ways to befriend the tribals and villagers, and letting the tribals do the watching and keeping order. Insurgents who operated in the area, or the IED's placed by them, were then reported by the tribals. By working with and befriending the tribals, a smaller number of troops were able to do much more. Adams quotes Mohammed Aiaz, a Khosti advising the Provincial Reconstruction team which Adams headed who says: "If troops don't understand Afghan culture and fail to work within the tribal system, they will only fuel the insurgency. When we get tribes on our side, that will change. When a tribe says no, it means no. IED's will be reported and no insurgent fighters will be allowed to operate in or across the area." This is a very significant observation. To repeat Aiaz: if troops don't understand the Afghan culture and fail to work within the tribal system they will only fuel the insurgency. And adding what Adams say is needed, it means roads built and irrigation canals built or old ones repaired, visible evidence for the Afghan villagers to see of progress, something reporters like Dexter Filkins are saying in their reports, and which is also being told to McChrystal in Filkins recent NYT magazine artice on McChrystal. When told this- McChrystal -whose whole training is as a Special Forces commander who flies in by helicopter to Afghan villages- has only this reply "it takes time" and again at the next stop "it takes time." See the groups for -Commander Adams, and for Dexter Filkins which touch on similiar development issues....

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As German chancellor Merkel pointed out at the EU summit, all central European states and Eastern European staes are not doing the same. Czech Republic and Poland are doing relatively better, Hungary, Romania and the Baltic Countries are in serious crisis. And smaller Slovenia and Slovakia are part of the core countries in the EU which use the euro. The Baltic countries are looking to Sweden to help and the Swedish Finance Minister has said it is the political responsibility of Sweden to help the Baltic countries, which Sweden should consider as part of the home region. Romania is looking to a reluctant Germany for help. And voices in Europe are asking if it isn't the political responsiility of Western European countries like Germany to help, and if not what does it mean to be part of the European Union? The Eastern European countries caught up in this crisis with their currencies losing value and large loan repayments to western European banks, feel they embraced the liberal capitalist model without any knowledge or experience with its fluctuations and crisis prone nature, as part of the integration into a united Europe. Now they are left they feel, to drift on their own. The recent emergency European summit meeting in Brussels saw the Czech prime minister Topolanek, who holds the rotating presidency of the EU, say that no member would be left in the lurch, and the need to avoid a dividing line in Europe that North-South or East-West. The Hungarian prime minister insisted on a special European Union fund of upto $241 billion to protect the weakest members, and circulated a paper saying that Central Europe's refinancing needs for 2009 were $380 billion. So far the governments of the EU have already spent $380 billion in bank recapitalizations and put up $3.17 trillion to guarantee bank's loans and to get credit moving again. And the European Bank for Reconstruction and Development, the European Investment Bank and the World Bank have promised $31.1 billion to Eastern European countries....

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Having 12 million human beings caught in a net of fear and apprehension, living life in the shadows, even in abad economy, no, especially in a bad economy, makes no sense, says the NYT editorial. These immigrants can become productive citizens, some of the most hard working who did the backbreaking work in factories and construction, who send money to keep families in Mexico and other parts of Latin Ameica from falling into poverty. In doing so and working on the books instead of off the books, they earn more, spend more, pay more taxes. and have the ability to ensure that there are fewer abuses in the workplace. This way they also get better education for themseves to improve job prospects, and better education for their children who can become part of the next generation of productive citizens. It also clears the path for focus on how to handle better border enforcement focussing resources on fighting crime, drugs, violence, and have a future flow of workers that is in line with the economy's needs. It createss decent workplaces, where people's workplace rights are not violated by unscruplous employers. In this case the fair thing to do, is also the most beneficial thing to do in the larger sense for the economy. In this context the agreement of labor unions, the AFL-CIO and the Change to Win (a rival federation that includes auto service employees, Teamsters and carpenters), to agree that an independent national commission would figure out the size of temporary workers depending on the needs of the economy, higher if it was growing, lower if it wasn't, basing it on conditions in the labor markets, is a good things says NYT. It takes necessary courage for unions, Obama to do the needed fight to protect these future citizens and build a better America with their help, rather than wish the impossible of putting them all on the boat back. ...

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Shoichiro Toyoda and Okuda who ran Toyota in the eighties and nineties to make Toyota what it is today, question Toyota's strategy. The precise criticism is outlined in this article at the timwe Tooyota was considering its eigth plant in Tupelo, Mississippi. Their criticism focusses on the complacency to tolerate higher labor costs, to accept less manufacturing efficiency in overseas plants compared to Japan, and put in billions of dollars in new plants which may not be profitable quickly when the same result can be accomplished by adding more assembly lines to existing plants. The Toyota Tundra plant in Texas has overcapacity as the pickup has not sold as expected and this could happen at other plants if Toyota is not careful enough. Also the decisions to build plants in many different states appears to be based not just on manufacturing efficiency but also on desire to win political support in those states- California, Indiana and 6 southern states. Has that gone too far even when it is cheaper to manufacture in Japan because of the weaker yen? If it helps to keep the targets for Toyota vehicle content made in the USA (when imports have increased significantly) cannot this be accomplished by adding more assembly lines to existing plants? These are the points made by Shoichiro and Okuda. Especially that complacency may be getting into decisionmaking at Toyota. Behind all this is the fear that the Big Three may finally be breaking free of the higher unionized wage and benefit costs that put them at a disadvantage. And at the same time the quality gap may be shruinking between Toyota and the US manufacturers. This is evidenced in other articles, one recently on Ford's progress in JD Powers surveys. Here the figure of 2.3 million vehicles recalled in 2005 by Toyota is cited as showing Toyota slipping in the quality it was known for....

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Is the market in S. Korea reflecting the bursting of the housing bubble in the USA, or is it simply a result of the Roh government's new taxes and rules for real estate such as the capital gains taxes of a shigh as 60% and the restriction on loan size so that monthly payments do not exceed 40% of monthly income. If its the new rules then it must be true that the crisis in the USA must have made the pause from the Roh measures give the market time to reflect. One factor is the oversupply from the building boom especially since the new housing had become increasingly unaffordable to average South Koreans at 100 time average income a 3 bedroom apartment cost $2 million in Seoul. A real estate Professor at Konkuk University estimates that about 1 million units will come onto the market by 2013. 2013 thats because the construction has continued even as sales have come to a near halt. Apartment prices have gone up 3% in 2008 compared to 93% in the last 5 years according to Kookmin Bank. What does this mean for the other Asian markets such as China, India and other Asia. Its not just speculation thats disappearing, but is there a sense that the market for Asian goods in the USA, especially for export powerhouses in Asia such as South Korea, is taking a hit from the credit and housing crisis in the USA. And if thats the case what does this mean for other Asian housing markets in bubble mode, consider this a Early Warning Link. See the link to the South Korean election where even corruption charges against the favored candidate are not affecting his popularity because he is seen as a candidate to who could help S. Korea overcome fears about the economic future. Comments that the current crisis is tougher for real estate and construction than the one during the Korean financial crisis of the 1990's suggest that this is something serious. ...

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Mitt Romney states the case for supporting free trade both in principles and practice. Acceptance of the staus quo allows China to game the world trading system, says Romney. In the end accepting the status quo may do more damage to the world's trading system than any efforts to correct the misalignment in currencies and failure to rebalance the world economy. He questions the passive approach of some members of Congress and the Obama administration on the grounds that starting a trade war makes them nervous. China with $273 billion more in exports than imports to the U.S. has reason to see this issue objectively, even with all the noise it is making about trade retaliation, suggests Romney. Other experts have pointed to the problems the misalignment creates for China's economy. A New York Times editorial on October 15, 2011, cites figures from the Peterson Institute of Economics showing this costs China $240 billion a year through trade surpluses in dollars that are declining in value. For years China's fears are that this would lead to higher unemployment. This New York Times editorial points out that jobs have increased by about 1% a year since 2004, even with 10%+growth, because many of the manufacturing jobs use advanced manufacturing technologies. A firm response today also makes it possible to avoid the kind of sudden response that could take place later on if public opinion overwhelmingly shifts away from trade with China under status quo conditions. ...

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Matt Vela responded to Shailen's comments on this article on the BW site. Comments were on NYTimes columnist Tom Friedman's remarks, about the dangers of overdependence on Mideast oil vs. GM and Ford's efforts to simply move cars off the lot. A quick reading of reader comments about 5-6 (all comments) shows a huge perception and marketing gap for Ford and GM if this is even anywhere near a representative sample, because they were heavily negative. Friedman said in the NYT, that "GM is more dangerous to America's future" than any other company, that "its like a crack dealer" addicting Americans to SUVs in the face of higher gas prices- by offering buyers of its least fuel efficient SUV's gas capped at $1.99 per gallon. He also said GM is in cabal with Ford and DaimlerChrysler to buy votes in Congress. BY May 2006 compared to 2003, in just 3 years, once popular midsize SUV's like the Ford Explorer, Chevy Trailblazer, and Dodge Durango saw a sales plunge of 50%. And this after the gas promotions such as the Ford one for free gas upto $1000 with aprepaid Master Charge debit card, enough for 6000 miles. Add to this zero percent financing. GM offered rebates of $2500 to $3500 per SUV. In this manner the whole profit structure of SUV's is being lowered, and no new strategy is being developed to deal with changing conditions and changing consumer preferences, and a changing global situation....

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Under the new change voting rights would be allocated at 42.1 % of the IMF's voting power to developing nations, and 57.9% for developed nations. The US has more than 15% of the voting rights and the EU has more than 15%.IMf's important decisions require 85% of the vote. This comes though at a time when the IMF is a less relevant institution for todays international financial institutions and international financial markets one could say outmoded to today's and tomorrow's needs. And the fairer allocation of voting rights comes a decade later than when it was needed during the Asian financial crisis and contagion effects on Brazil and Russia, when the IMF's positions did not show as good an understanding of the needs and problems facing developing countries as it could have, especially giving it a human face. Moreover the rotation of the position of the head of the IMF between financial leaders of the USA and Europe, as is true of the World Bank does not lend them to fresh thinking from countries in Asia and other parts of the world like Eastern Europe, Latin America, and the ability to bring afresh perspective from these countries. ...

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The Hulme Company mail order catalog business in Minnesota may not be representative of small business, considering the errors and the scale of the debt taken on. But even if a small fraction of this debt taking tendency is representative of small business, it means that small business will not generate jobs as it did in the past. Small business will actually layoff people. And small business will not be able to provide the bounce the economy will need in years to come. The following is an an anaysis of this venture. The owners of this small business Bidwell and Ms. Guarino bought a luxury goods maker that was losing money for $600,000. Their business was to sell $500 garment bags and $1200 duffel bags. The experience of Bidwell was with Target, Tonka Toys and a cigarette distributor. Ms Guarino had a $130,000 job with a magazine publisher, running regional magazines like Minnesota Parent, which she quit. She had some experience as a handbag designer in California before that. They had never seen hard times, no, they had only seen good times. And were willing to spend heavily on the business like the $600,000 for a business, Hulme Company, that lost $150,000 on sales of $450,000 making duck hunting gear, the business they bought in 2003. All this for a tiny factory employing 3 seamstresses, and with no brand name for luxury goods like leather duffels. Their lender's experience- Kassim who founded Maple Bank in Champlin, Minnesota, considered it pretty typical of small business in those days to do everything on debt and loaned $550,000 over 5 years. So the lender was in for the ride. Another bank Stephens bank loaned on SBA approved loans which were later cut off. Guarino had no experience in this business, and simply relied on Bidwell's experience. The borrowing went on and on from friends, taking in debt with total lack of understanding of what debt means, from their daughter, the entire $50,000 savings of Bidwell's wife, and finally with banks refusing to lend after having friends put up their CD's and collateral on loans. Debt to equity ratio gets to 5 to 1. Second mortgages on the house getting Bidwell and extra $130,000. Even in the best year 2006 sales at $1.4 million, and earnings before taxes and other items at $325,000, not enough to pay the interest and other payments on loans that later totaled $2 million by year end 2007. $500,000 from friends and family including $20,000 from his daughter or two thirds of their savings. 600,000 catalogs went out in 2007. With the Hulme Company behind on payments in 2008, the catalogs mailed in 2008 dropped to 175,000. It is a very capital intensive business from the standpoint of catalog cost. $1 million in inventory at year end 2007, or two thirds of sales of $1.5 million in 2007, was a sign of how expansion preceded even getting the financing in place, and going out into the dark thinking sales wil materialize. So even in the best year 2006 the business was not viable, and would have collapsed even without the financial and credit conditions of 2008, ruining the owners in the process. By 2008 it led to the usual things in this kind of business failure, Bidwell's divorce, loss of his home as he falls behind on mortgage payments, Guarino's loss of job and friends whom she borrowed from, and both deeply in debt. Evaluation of the failure is as follows. Seamstresses and the small factory space could be obtained for a fraction of the cost in an emerging market country, even in an eastern European country, and no cost needed to be incurred for the purchase of Hulme Company or for sending out catalogs. Only travel expenses to meet high end retailers who might carry this merchandise, and go to the country where the plant was setup. Sales would come first, and expansion to meet sales very carefully done so that the plant could be downscaled if sales dropped. Even then scores of small luxury goods makers in China or other emerging market countries could put the owners out of business. The lesson if you can't watch costs, if you don't understand what debt means, then you don't pass the most basic of tests. You cannot run business on savings, home equity or credit card loans, or business loans with personal guarantees. Costs tend to just run up to the money one has artificially created. It will ruin you. If you don't have experience with the business and the product area, or can't put together a group of people with the experience to guide you on the pitfalls and what to watch for, you don't pass the next basic test. Only then does one get to the other tests about whether there is a market, the price and value of the offering and so on. This is before the current economic crisis. Now all these tests become more important than ever, or it will kill you and quickly. One has to be paranoid and very careful after 2008. Stephens Bank loaned money on SBA loans ...

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U.S. Fed chairwoman Yellen moves cautiously to raise rates in December 2015. The Fed raises the benchmark federal funds rate-its overnight lending rate- from near zero to between 0.25% and 0.5%. Yellen emphasized her cautious approach by saying "we have very low rates and we have made a very small move." This follows seven years of near zero rates after the QE program for monetary easing under Ben Bernanke, the previous chairman, following the 2008 financial crisis. The Fed plans to raise rates gradually and slowly over 3 years. With oil prices falling below $35 the prospect that inflation may fall well below the 2% target could put off further plans to raise rates. Yellen said the Fed would "monitor inflation very carefully," and if it remained at unexpectedly low levels the Fed would reconsider its outlook and respond with "appropriate policy."

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Jack Ewng's interview with Norbert Reithofer, CEO of BMW, in Nov. 2012. Reithofer tells Ewing about the time in 1997- 2000 when he was in charge of the BMW Spartanburg plant in the U.S. Reithofer made a list of problems and presented this to managers. Managers at the plant told Reithofer that in the U.S. the company did not have problems, it had challenges and every challenge was an opportunity. This made a deep impression on him and he sees the current problems in the European auto market in that light. BMW has an agreement with unions to cut production quickly as it did in 2008, if there is a sharp decline in the market. It will continue to invest in R&D, bring out a light weight battery powered car in 2013, and build a new factory in Brazil.