Opinion

Felix Salmon

The WSJ joins forces with short-seller demonizers

Felix Salmon
Jan 26, 2011 17:23 UTC

Back in October, Mike Elk dug into the weird way in which various well-regarded liberal activists, including Tom Matzzie, Lanny Davis, and CREW, were suddenly campaigning aggressively alongside the for-profit education industry. Unsurprisingly, there was money involved, and a lot of it seems to have flowed from John Sperling, the chair of the Apollo Group, which owns the University of Phoenix, and is a major funder of progressive organizations.

Tim Fernholz followed up with some very pointed questions for CREW in particular, which had been aggressively filing FOIA requests seemingly aimed at revealing what everybody already knew, which is that hedge fund managers who were short the for-profit education sector had been talking to the government about what they had discovered:

Here are important questions that CREW has refused to answer:

* Is the for-profit higher education industry, including John Sperling, funding their organization?

* Why have they gotten involved in this specific regulatory dispute and no others?

* Why did they not consult experts on education policy or short-selling before complaining to the Senate and filing FOIA requests?

* What are the connections between CREW Executive Director Melanie Sloan and Julian Epstein, president of the LawMedia Group, a lobbying firm specializing in astroturfing that is working on behalf of for-profit colleges?

Now, the results of the FOIA requests have been made available to the WSJ, which devotes three bylines and 2,000 words to their entirely un-newsworthy contents. What the WSJ doesn’t do is even attempt to ask any of Fernholz’s questions, let alone answer them. CREW is presented as an entirely unconflicted organization:

A group called Citizens for Responsibility and Ethics in Washington, or CREW, wrote to Education Secretary Arne Duncan last week that “certain hedge fund managers had direct and sustained input into the regulatory process.”

In what the group called “more troubling,” it said Education Department officials sought and received investors’ input despite knowing their financial motives, and asked for an investigation…

Investors were on the scene as well. Their efforts are revealed in large caches of documents and emails reviewed by the Journal, many of which surfaced as a result of a freedom-of-information suits filed by CREW, the Washington watchdog, and of legal action by a Florida for-profit college.

One investor, a New York firm called Quilcap Corp., sent a research article to an Education Department official, the emails show.

It goes on from there — but the fact that the WSJ’s list of revelations is topped by an emailed research article says all that you need to know. The only reason the WSJ is covering this story at all seems to be that the information was not public before — but just because something was secret doesn’t make it newsworthy.

The fact that the WSJ is covering a non-story is no big deal. Much worse is the fact that the real story — the corruption of liberal organizations — was right under their nose, and sitting in plain sight in any Google search, yet they completely ignored it. It seems that even the WSJ is much happier gratuitously participating in the demonization of short-sellers than in impartial coverage of the debate over for-profit colleges.

Update: I’m told this story was being shopped around various media outlets by Lanny Davis, who has very close connections to CREW, and who represents the Coalition for Education Success, a trade association of for-profit colleges. If the story did indeed come from Davis, which seems likely, there should have been a lot more disclosure.

COMMENT

Oh, by the way, outstanding post on CREW, conflict of interests, and their FOIA requests.

Posted by robertwaldmann | Report as abusive

The NYT’s bizarre iPad paywall

Felix Salmon
Jan 24, 2011 10:19 UTC

Russell Adams has some inside dope on the price the NYT is intending to charge with its paywall:

Under the new system, expected to be rolled out next month, the Times will sell an Internet-only subscription for unlimited access to the Times site, as well as a broader digital package that bundles the Times online with its application on the iPad…

The person familiar with the matter said the Times has considered charging around $20 a month for the digital bundle and less than half that for the Web-only offering…

Times Co. executives have said that only about 15% of the paper’s online readers are “heavy users,” meaning the vast majority probably won’t trigger a payment requirement.

This strikes me as peculiar. The idea seems to be that if you want to use the NYT iPad app at all, that’ll cost you a hefty $240 per year, over and above the cost of the iPad itself. But if you want to read the nytimes.com website on your iPad, that’s probably free — and even if you’re in the minority of power users, it’ll still be less than half the price of the app. Essentially, the NYT is doing everything it can to drive its iPad-owning readers away from the app and towards the built-in browser.

A handful of people might conceivably still choose to buy the bundle under these conditions — commuters, perhaps, who have a wifi-only iPad and want to read the NYT offline. But the fact is that the nytimes.com website is a vastly richer and more sophisticated offering than its iPad app, which doesn’t even have search or embedded hyperlinks, let alone archives.

It seems clear to me that if the NYT insists on charging significantly more for its iPad app than for full access to its website (which looks so great on the iPad that Apple uses it in its ads), then it’s essentially sounding the death knell for the chances of any further serious development work on the app. The number of people using the app will be tiny and that in turn will be used as an excuse to underfund it.

A much smarter approach, I think, would be to make the iPad app cheaper than a website subscription. The problem with website readers, from the NYT’s point of view, is that they generate a tiny fraction of the ad revenue generated by their print-edition-reading counterparts. That’s why the NYT wants to charge them a subscription fee: the old model of giving away the news and then selling the readers to advertisers no longer works.

But the iPad has the potential to change all that, with bright and glossy rich-media ads which are much more attractive to brand advertisers than a grubby picture in black and white on newsprint. The NYT should try to build up a large audience of rich early adopters who are using its iPad app and then sell that highly-desirable demographic at a premium to advertisers. Instead, it seems to be trying to keep its app readership as small as possible. Has it given up on in-app advertising before it even really started trying?

COMMENT

The USC Annenberg School for Communication & Journalism hosted media analyst Ken Doctor for a talk yesterday, and he touched on some of these points, specifically with the NYT’s pay-for-access plans and Apple’s changing apps policy.

Video clips are here: http://www.youtube.com/watch?v=RWfXxhXoE m8, and the relevant portion starts around 3:30.

More coverage here (and there’s a transcript pending!): http://annenberg.usc.edu/News%20and%20Ev ents/News/110125M2eDoctor.aspx

Posted by boekelheide | Report as abusive

The metastasizing state-bankruptcy meme

Felix Salmon
Jan 21, 2011 15:35 UTC

Talk of introducing legislation allowing states to declare bankruptcy began in earnest in November. A speech by Newt Gingrich was followed up by a big Weekly Standard piece on the subject by David Skeel, and soon the meme filtered into the blogosphere. Unlike most political chatter, this kind of talk isn’t cheap at all: it’s very expensive. As the subject has refused to go away—which means, as House Republicans have continued to work on drafting some kind of bill—the municipal debt market has plunged.

Now, with a massive front-page story in the NYT, the stakes have got even higher. Mary Williams Walsh is well aware of what she’s doing: she talks explicitly about “the fear of destabilizing the municipal bond market with the words ‘state bankruptcy’”; while at the same time splashing those very words across the most influential public real estate in the world. She frets that the mere introduction of a state bankruptcy bill could lead to some kind of market penalty, even if it never passed—but the fact is that her own article, in and of itself, is almost certain to drive up borrowing costs and uncertainty.

Walsh’s piece comes on the heels of an important report from the Center on Budget and Policy Priorities, which makes a compelling case that state bankruptcy is neither necessary nor desirable:

It would be unwise to encourage states to abrogate their responsibilities by enacting a bankruptcy statute. States have adequate tools and means to meet their obligations. The potential for bankruptcy would just increase the political difficulty of using these other tools to balance their budgets, delaying the enactment of appropriate solutions. In addition, it could push up the cost of borrowing for all states, undermining efforts to invest in infrastructure.

But the message isn’t sinking in. James Pethokoukis is a reliable guide to what the GOP is thinking:

The NYT article raises the specter that states would be shut out of credit markets if allowed to declare bankruptcy, or if one should actually take that step if federal law is changed. That seems unlikely, although some may have to pay higher interest rates. Municipalities and even countries repudiate debt and yet continue to borrow. And even investor apprehension would be balanced by states getting their finances in order, which should appeal to potential lenders.

This is completely bonkers. If states are allowed to file for bankruptcy, then Illinois, for one, would be shut out of credit markets. And if Illinois or any other state were to actually go ahead and file, then many other states, including New York, would be shut out of credit markets. That’s not “unlikely,” it’s certain.

As for Jim’s idea that “municipalities and even countries repudiate debt and yet continue to borrow,” he’s just plain wrong about that. A country which repudiates debt has no access to private credit markets: the only borrowing ever available to such a state is from official-sector institutions. I defy Jim to name a single municipality or country which has repudiated its debt and yet continued to borrow money in the private markets.

That said, it’s pretty unthinkable, even if a state were to declare bankruptcy, that it would go so far as to repudiate its debts. Indeed, bankruptcy is a formal recognition that a borrower is sinking under the weight of far too many legitimate debts; it seeks to restructure some of those debts to make them manageable, rather than repudiating them outright.

On the other hand, Jim’s utterly wrong that somehow bankruptcy is costless to the states, and that the downside of forcing a haircut on lenders would be fully counteracted by the upside of putting the states on a solid fiscal footing. Lenders really don’t much care about fiscal sustainability: all they care about is that they get their money back, as contracted, in full and on time.

It’s worth remembering here that most municipal bondholders are individuals, rather than sophisticated institutional investors. If your aunt Sally put her savings into state bonds, she is not going to be happy if she can’t get her money back, and she is certainly not going to be mollified by talk of lower deficits in future. The deficits are what allowed her to buy the bonds in the first place; she doesn’t particularly want them to go away. But there’s no way she’ll stand for a haircut. And, of course, she votes.

The fact is that states are not going to declare bankruptcy, and they’re not even going to be allowed to declare bankruptcy. So the worst thing that can happen, for the municipal bond market, is that people continue to talk about municipal bankruptcy for the next couple of years. Let’s take the option off the table, once and for all, rather than taking it seriously and thereby only making it harder for states to borrow the money they need.

COMMENT

1-What about future medical costs/coverage?
2-It seems politicians aren’t to be trusted with taxpayers money. To make a deal assuming 8% annual returns is fantasy. Just a way for politicians to buy votes. Bills are coming due, as they always do. Nothing
against teachers, we need more police, get rid of redundant administrative state beaurocratic positions once and for all.

Posted by dgknj | Report as abusive

Adventures in market reporting, part 492

Felix Salmon
Jan 19, 2011 00:36 UTC

European stocks went up today, and European bonds went down. That happens, sometimes. But there was lots of news floating around about a possible eurozone rescue fund, which resulted in stock-market reports saying that stocks went up “as euro zone finance ministers inched towards improving a rescue fund”, while the bond-market reports said that bonds fell “after the Dutch finance minister said the Eurogroup had rejected enlarging a rescue fund for the region’s more indebted states”.

All of the market reports did this: I’m just linking to the Reuters reports because they’re the first ones I have to hand, and because that way no one can accuse me of bashing my competitors. The point here is not about the reporting, it’s about how silly it is to read and write market reports in the first place. They all basically follow the same rubric: first you say what the market did, then you mention some piece of news which happened that day, and then, depending on how bold you are, you either assert or else you try to back away from the necessary implication that there’s a causal relationship between the two.

Only on special occasions do you find reports contradicting themselves like this: if bonds and stocks had moved in the same direction, then they both would have cited the same piece of news — even if, and this is the important reason why market reports are so dangerous, the big news was actually the other one. So if the big news of the day was the move towards improving a rescue fund, but all market reports concentrated on the Dutch finance minister because what he said was bearish and markets fell, then that would give far too much weight to the Dutch finance minister (who, similarly, would have been ignored if markets had risen).

In reality, the chances that there’s any causal relationship between the actions of euro zone finance ministers on the one hand, and intraday market movements on the other, are pretty slim. The markets moved, and as is the case 95% of the time, we have no idea why they moved, or even whether there’s a reason for the move. (There doesn’t need to be a reason: left to their own devices, with no news at all, markets will follow a random walk, they won’t stay flat.)

What’s more, the emphasis given on how much markets moved today serves to distract attention from much more important moves over a period of months or years. No real person can or should ever care what markets did over the course of a typical day, yet every major business-news outlet seem compelled to tell them anyway. It only serves to cheapen the news on the rare occasion when a single day’s market action is newsworthy.

Today is Heidi Moore’s first day at Marketplace, the best daily business and finance franchise in US radio. She joins the excellent Kai Ryssdal, and is going to be spending the next month with him and the Marketplace team in Los Angeles. My challenge to Kai and Heidi: somehow, over the course of the next four weeks, put your heads together and come up with some way of getting rid of the market report which takes up precious time in your broadcast, to no good end. If anybody can smash this particular sacred cow, it’s you guys, broadcasting to a mass audience which has no business being recited such pointless factoids. Go on, just do it. You know you want to. It’ll feel great!

COMMENT

Heidi should feel quite at home at Marketplace, she has been a frequent guest on that show.

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FT Tilt: A blog behind a paywall

Felix Salmon
Jan 10, 2011 15:56 UTC

FT Tilt has now officially launched. Calling itself “a premium online financial news and analysis service focused exclusively on the emerging world,” it has a total staff of 12, including 8 reporters scattered around the world. Founded by Paul Murphy and Stacy-Marie Ishmael of FT Alphaville fame, it has so much blog in its look and feel and its DNA that it’s probably fair to call this the most ambitious paywalled blog in the world.

The design of Tilt is very clean and very modern—all Ajax and HTML5 and CSS3, in austere black-and-white reminiscent of Khoi Vinh’s Subtraction. It clearly needs work, especially on navigation from article pages, which feel like dead ends right now; even bylines aren’t linked to anything. And the site is far too prone to opening not only external but even internal links in a new tab. But that’s all fine: if you’re not embarrassed by the first version of your Web site, you’re doing something wrong. The trick is to get something up, and then iterate continuously.

One thing is clear, however: the paywall will stay, with all the problems that implies in terms of sharing tools, commenting, and other central parts of any bloggy enterprise. Tilt is designed to provide valuable information to bankers and other financial professionals; the business model is to sell subscriptions on an enterprise level for thousands of dollars a year and up. Eventually, the content could even be rebranded and provided by those financial institutions as a perk for their buy-side clients.

The result can feel a little odd. Tilt behaves in many ways like any number of premium news and analysis services which distribute their content over terminals—except it’s distributed on a website instead. That makes it much easier to build a community: Tilt is built to allow clients to republish their own work and to talk to each other and comment on stories. But because Tilt isn’t available on Reuters or Bloomberg machines, traders aren’t going to see its stories effortlessly shuffled in to their main feed of news and analysis—they’ll have to make a specific trip to the site to find them. Similarly, all the headlines on Tilt are its own: while it will link to outside stories from within its own posts, it doesn’t aggregate external headlines and drop them into its main headline feed.

All of this makes the task facing the Tilt team a very tough one. They don’t want to be one more source of news and analysis for financial professionals who already have dozens of such sources; they want to change the way those professionals consume media on a day in and day out basis—adding an extra site where those professionals feel they must spend valuable time.

The Tilt team is at pains to note that they’ve built one community already—the Long Room, a by-invitation extension of FT Alphaville which has proved very popular. And the community areas of Tilt are going to be free, just as the Long Room is: they’re outside the paywall. Still, I’ll believe it when I see it. One of the key parts of the Tilt architecture is that it doesn’t have an edited front page, since every client is going to be interested in different asset classes and regions. And a necessary corollary of the heterogeneity of its audience is that it’s going to be hard to spark interesting discussions among communities of interest.

What’s more, even if the community areas do prove popular, that’s not going to drive subscriptions. Some institutions are doubtless going to prove willing to pay for access to what Tilt’s handful of journalists are writing; others won’t be.

Murphy explains that he’s filling a gap in the coverage provided by most media organizations based in London or New York, which tend to give much more weight to local deals in their own towns than they do to big deals in countries like Colombia or South Africa. “Western business media is so fixated on London and New York: it just can’t get over itself,” he tells me. “The quality of the journalism tends to deteriorate, the further you move away. It’s a parochialism we’re trying to overcome.”

It’s a very fair criticism. But Murphy’s not really competing with the FT and the WSJ here: he’s competing with expensive news wires and free daily brokerage reports. Many of those are very strong in emerging markets. Murphy is asking his overstretched journalists (just one person for all of Latin America, for instance) to tell financial professionals something they don’t already know: that’s a tall order.

The big picture here, to me, is not that the FT is making an ambitious move into becoming a genuinely global financial-news organization, but rather that it isn’t. Important news about what’s going on in crucial global markets should be a core competency of the FT, a key part of why people read it rather than, say, the WSJ, which seems to be more interested in building up its New York City coverage. Instead, the big Tilt project is being ghettoized behind its own high paywall, is being forced to pay for itself through high-priced subscriptions, and is being deliberately withheld from the broader FT audience.

I’ve said before that the FT is retreating to a newsletter model; I called that “a sad and narrow fate for what should be a proud and global newspaper.” Tilt only reinforces that diagnosis, and seems to be based on the idea that the FT won’t invest in ambitious new projects which are central to what its target audience wants, unless it can wall those projects off and get them to pay for themselves on a narrow, self-standing basis.

I’m friendly with both Paul and Stacy, and I wish them success with Tilt. But both they and the FT would surely have found success much easier to come by if they’d simply made Tilt freely accessible to all FT subscribers.

COMMENT

I agree with you view that paywalls in general limit flow of information. But FT and Tilt in particular may be using paywalls to create an impression of exclusivity the same way luxury goods are priced out of proportion with their usability.

Posted by melitele | Report as abusive

Vanity Fair’s odd HuffPo story

Felix Salmon
Jan 6, 2011 06:05 UTC

What to make of Bill Cohan’s big Vanity Fair piece on a slightly skeevy lawsuit where a pair of Democratic party operatives are trying to pull a Winklevoss on Arianna Huffington? Arianna’s flack, Mario Ruiz, is clearly enjoying being asked to comment on it:

It’s a great story — if you read it backwards. At the end of the article, the writer takes apart Boyce and Daou’s case piece by piece, leaving it in tatters — and rendering everything that has come before it pointless.

Meanwhile, the plaintiffs’ attorney seems much more well-disposed towards the story, despite the fact that — as Ruiz says — it’s almost impossible to read the whole thing and think that they have any case at all.

The question of who’s got the stronger moral and legal case is pretty clear, from Cohan’s reporting: it’s Arianna. As Jay Yarow says about the Winklevii, “ideas are a dime-a-dozen. It’s execution that counts. Mark Zuckerberg executed. The Winklevosses didn’t.” Similarly here: Peter Daou and James Boyce had an idea for a “liberal Drudge Report” in late 2004, at much the same time as about a million other people had exactly the same idea. (Even Gawker launched one such site, Sploid, in April 2005; it closed in August 2006.)

The idea was, as Larry David says in the piece, “terrible”: the site was to be called fourteensixty.com, after the number of days between presidential elections. It had hypocrisy baked in to its business plan:

www.fourteensixty.com will be a Democratic-leaning site with enough non-partisan news so as to appear more mainstream than it truly is; this is critical for credibility and for advertising revenue.

And rather than build one big site, the idea was to build lots of little ones, including (I’m not making this up) mamadonkey.com, “a blog aimed at Democratic supporters over the age of forty”.

On top of that, the site was envisaged as a way to sell the services of political operatives:

1460′s staff technical and web-communication strengths will enable 1460 to offer candidates a full range of strategic and technological tools…

1460 will also help shape a candidate’s overall communication strategy, develop television and radio communications and coordinate that strategy through the Internet. Utilizing Peter’s extensive knowledge of online political communication, 1460 will develop and manage a candidate’s web site, email acquisition and communication strategy, blog communication strategy, volunteer acquisition and deployment, and more.

The plan goes on to detail all the different ways this would make money for the site, including taking “a percentage of monies raised, online and off”, as well as a percentage of all media buys.

No wonder that, when he saw the plan, Kenny Lerer told Arianna that “this doesn’t work for me on many levels”; the two of them went on to do something much smarter, much more innovative and, as befits a news site, much less beholden to party-political interests. And, I daresay, much less likely to ever dream of writing the words “blog communication strategy”.

But what of Cohan’s story? Given that this entire lawsuit seems to be a nonevent, is it reasonable for the Huffington Post to criticize Vanity Fair for printing it in the first place?

There are certainly good reasons why VF might have spiked the story, or buried it on VF.com somewhere. Rich and successful people get sued opportunistically all the time. There’s little new news in the piece. And the conflicts are enormous: not only has VF’s editor hosted Arianna’s book party, one of the plaintiffs has actually worked as a consultant for the magazine.

On top of that, Cohan overstretches in his attempt to demonstrate that there even might be a real story in the lawsuit:

The questions raised are profound: Did Huffington and Huffington Post co-founder Kenneth Lerer take ideas from Daou and Boyce—ideas the two men call “groundbreaking”—without properly compensating or acknowledging them? Or is this just a case of sour grapes, with Daou and Boyce looking to cash in on the hard work of Huffington and Lerer now that the site is successful and valuable?

Er, no, those aren’t profound questions at all. Even if Arianna and Lerer did take an idea or two, it’s hard to see that the plaintiffs would have any claim to compensation — and indeed neither of them asked for compensation or even the opportunity to invest in Huffington Post for six years, before they suddenly decided that they had been so egregiously wronged that they had no choice but to sue.

But the fact is that Vanity Fair loves nothing more than a gossipy tale of celebrity entanglements and the name-dropping in this piece is truly something to behold: Larry David, David Geffen, Brian Grazer, Aaron Sorkin, Meg Ryan, Tom Freston. Graydon Carter simply isn’t capable of passing up a story which includes a sentence like this one:

On Election Day 2004, after attending a Bruce Springsteen concert for Kerry the night before, he, the Davids, and Kristen Breitweiser, a 9/11 widow and political activist, were visiting polling places in Ohio before boarding a private jet to fly to Boston.

The biggest celebrity of all in this piece, is Arianna herself, a blow-dried visionary in a glamorous large-format portrait by Robyn Twomey. The picture speaks much more loudly than the words: she’s clearly the winner, not the men wearing suits lent to them for the duration of the photoshoot by VF staffer Peter Holleran.

This story isn’t bad publicity for Arianna then — the vast majority of VF readers will look at her picture but not read the article. And most of the ones who do read the article will come to the obvious conclusion. My guess is that when Arianna next bumps into Graydon, it’ll be kisses all round, like nothing happened. Especially if he agrees to write something for her website.

(Cross-posted at CJR)

COMMENT

There are an average 1,461 days between U.S. presidential elections (the number varies from term to term). The people with the original idea haven’t heard of leap years.

Posted by Setty | Report as abusive

When banks burglarize

Felix Salmon
Dec 22, 2010 14:13 UTC

When Bank of America bought Countrywide, did it know that as a consequence it would start being associated in the public mind with meltwater reeking of rotten halibut?

In Texas, Bank of America had the locks changed and the electricity shut off last year at Alan Schroit’s second home in Galveston, according to court papers. Mr. Schroit, who had paid off the house, had stored 75 pounds of salmon and halibut in his refrigerator and freezer, caught during a recent Alaskan fishing vacation.

“Lacking power, the freezer’s contents melted, spoiled and reeking melt water spread through the property and leaked through the flooring into joists and lower areas,” the lawsuit says.

The NYT‘s Andrew Martin does a good job of presenting four cases where houses were improperly raided by bungling banks. But of course this is the NYT, where there always has to be a broader national significance:

In an era when millions of homes have received foreclosure notices nationwide, lawsuits detailing bank break-ins like the one at Ms. Ash’s house keep surfacing. And in the wake of the scandal involving shoddy, sometimes illegal paperwork that has buffeted the nation’s biggest banks in recent months, critics say these situations reinforce their claims that the foreclosure process is fundamentally flawed.

It’s pretty much impossible to feel sorry for the banks here, especially when they throw out a woman’s family photos, ski medals, and husband’s ashes. (Yeah, that was BofA too.) But that said, the story does carry a faint whiff of bogus trend, when Martin concedes that “Identifying the number of homeowners who were locked out illegally is difficult.”

The curious thing is that the banks seem to be able to overcome that difficulty:

Banks and their representatives insist that situations like Ms. Ash’s represent just a tiny percentage of foreclosures…

Banks and their contractors insist that the number of mistakes is minuscule given the hundreds of thousands of new foreclosure cases filed each month.

In order to know that cases like these are “a tiny percentage of foreclosures,” you need to know what that percentage is, n’est-ce pas? So this defense is not particularly convincing, unless and until we can see some numbers. Surely, mistakes like these would happen occasionally even during the boom years. But if the percentages are rising, that’s clear empirical evidence that overwhelmed servicers are doing an increasingly shoddy job.

Next time a newspaper wants to write about this particular trend, then, let’s get the names of those bank representatives on the record, let’s ask them how they know that the proportion of dreadful mistakes they make is “tiny” or “minuscule,” and let’s be a bit more determined that we should be the ones making the determination as to how small the percentage is, rather than the bank’s own flacks.

It’s sad that the settlements in these cases are invariably kept confidential. Obviously, any given case is bad for the bank, which would have been better off not illegally breaking into someone’s private property. But it’s easy to guess that the cost of preventing such break-ins is larger than the cost of settling with enraged homeowners, and that the banks consider that settling such suits is a natural cost of doing business, rather than something which they should try to bring down to zero. Getting numbers on percentages and settlements would surely help in determining whether the banks are cynically allowing this to happen because doing so means that their overall costs are lower.

COMMENT

One way to ensure foreclosures stay in the news is to have journalists picked on by the banks…we can expect better journalism when they are ensconced in the story!

http://www.washingtonpost.com/wp-dyn/con tent/article/2011/03/04/AR2011030404615. html

Posted by hsvkitty | Report as abusive

Are surgeons getting kickbacks from Medtronic?

Felix Salmon
Dec 20, 2010 16:00 UTC

The WSJ puts a lot of time and effort into its leders—those long, exhaustively-reported front-page exclusives about topics which might not be breaking news but which are still very important. So why is it that when a story is based on information found online, the WSJ still can’t seem to link to it? Today’s leder is a good one, about possible waste in the world of spinal surgery. But it could definitely do with a few hyperlinks:

Medtronic began releasing information about its payments to surgeons on its website in June, after coming under intense scrutiny from Sen. Charles Grassley (R., Iowa)…

Medtronic’s website shows that the company paid Dr. Vaccaro $1.28 million in royalties in the first three quarters of 2010…

Dr. Foley has had royalty-bearing agreements with Medtronic since 1996. The company paid him more than $27 million from 2001 to 2006, according to internal Medtronic documents reviewed by the Journal. On its website, the company discloses paying him another $13 million in royalties in the first three quarters of this year alone.

The failure to link to Medtronic’s website is part of what makes this story more confusing than it needs to be. There’s also a cryptic reference to a court ruling which is preventing the WSJ from printing everything it knows:

The Journal mined hospitals’ Medicare claims to see what proportion of fusions performed fall in this category. Due to a three-decade-old court ruling guarding the confidentiality of physician information, the paper is barred from disclosing what it found regarding the five Norton surgeons.

Critics of the court ruling and of the privacy policies of the federal Medicare program argue that making such information public would help taxpayers understand where their money is going, and potentially deter abusive or wasteful practices.

A couple of hyperlinks would be great here, too: which court ruling, exactly, are we talking about? And which critics? I’m sure their criticism is online, under their real names—so why not link to that criticism, rather than wave vaguely at it before moving on to something else?

The bigger problem is that the WSJ makes it very hard to separate two different stories. The first story is that Medicare is paying lots of money—$2.24 billion in 2008—for spinal surgeries, many of which might not be necessary or even desirable. The second story is that Medtronic is paying lots of money to a select group of surgeons who perform a lot of such surgeries.

The first story is reasonably clear, although it would have been helpful to compare Medicare with private-sector insurers: if everybody’s happily paying for these surgeries, then the problem doesn’t really lie with Medicare. The second story, however, is murkier. The WSJ is aggressive chasing it:

Corporate whistleblowers and congressional critics contend such arrangements—which are common in orthopedic surgery—amount to kickbacks to stoke sales of medical devices.

The official statements from both surgeons and Medtronic make the kickback allegations seem a bit of a stretch. But look how the WSJ follows those statements with an explicit reprise of the kickback theme:

Dr. Foley responded in an email that he doesn’t receive any royalties from Medtronic on devices he has contributed to when they are implanted in patients by himself, members of his practice or hospitals where he has admitting privileges.

Brian Henry, a spokesman for Medtronic, says the company applies that policy to all its collaborating surgeons, thereby eliminating the temptation for them to do more surgeries to earn more royalty income.

Two former Medtronic employees have alleged in separate whistleblower lawsuits that the royalty agreements are intended to disguise the fact that the payments the company makes to surgeons are really kickbacks for using Medtronic devices.

The paper says it “reviewed” a copy of one of the lawsuits—again, this is something it would be great for them to have posted. And more generally, it would be great to see some mathematics on the alleged kickbacks: how do the payments to surgeons compare to the profits that Medtronic makes from their work? Are the payments linked in any way to the number of surgeries they perform? What proportion of spinal surgeons get these payments? Is there evidence that surgeons getting paid by Medtronic use more Medtronic devices than their colleagues?

My gut feeling here is that Medtronic is quite deliberately paying large amounts of money to key spinal surgeons, who as a result become well-disposed towards the company and the kind of of surgery which involves its products. In turn, their enthusiasm spreads across their hospitals and their region as a whole, since these surgeons are senior, respected physicians who are emulated by their peers.

But that kind of thing is a kickback only in the most conceptual way: if the surgeons help to make a certain procedure more popular among their peers, then they’ll eventually get larger royalty checks. What I’m not seeing is any evidence that if certain surgeons funnel money to Medtronic by using Medtronic products in their operations, then some of that money ends up getting kicked back to them.

My larger problem with the WSJ story is that by concentrating on kickbacks and Medicare, it downplays the bigger picture—that surgeons around the country are getting paid millions of dollars by Medtronic and performing lots of unnecessary surgeries, with the cost coming out of everybody’s rapidly-rising health-insurance premiums. If there’s a scandal here, it would seem to be one endemic to the healthcare industry. I don’t understand why the WSJ would narrow its focus so specifically onto Medicare.

(Cross-posted at CJR)

COMMENT

If this is true, then what’s the big deal to a guy like Grassley? Isn’t it the free market taking care of health care? A system that needs no fixing?

I am not surprised that an arrangement like this would happen, where the interests of patients and taxpayers do not line up with those of the doctors and the medical equipment providers. My only question is which campaign contributor/future employer is Senator Grassley fronting for when he “investigates” this issue?

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Gawker Media gets hacked

Felix Salmon
Dec 13, 2010 06:25 UTC

There’s some easy fun to be had with the information in the Gawker Media hack. It’s interesting to know that Nick Denton used the same password across various different sites like Google Apps and Twitter and that it’s an all-digit code which makes a pretty pattern on a standard number pad. On top of that, one user with a usdoj.gov address uses the password “parasite”, while another uses the password “Princess”; meanwhile, a NASA user has the password “pervert”.

Really, however, the passwords are the least damaging thing here. (Mine’s on the list; it doesn’t even work.) Gawker’s commenters were operating under the understanding that they were anonymous; now, at least 188,000 of them, and probably more in coming days, can be associated with an email address. Some of those emails are the kind of “stealth Gmail, Yahoo Mail, or Hotmail account” recommended by Gawker; many others are not and can easily be traced to an individual. Gawker has said that it’s “deeply embarrassed by this breach”, but a much more heartfelt apology is needed. I can imagine more than a few commenters on Gawker and Wonkette and Fleshbot who would be mortified or possibly even fired if their identities became public. And already a list of .gov email/password combinations is being passed around to see whether those same passwords will unlock state secrets elsewhere.

A separate question is how damaging this all is to Gawker Media itself. Nick Denton might fancy himself a technologist, but I can’t remember a technology company ever being this comprehensively hacked, even unto the public distribution of the source code of its products. Gawker’s spent the past year carefully researching and developing its new web architecture, known internally (and now to the whole world) as the “GANJA framework”. Even if rival web publishers don’t shamelessly and illegally copy-and-paste large chunks of the source code, they are now able to see very easily how to put this kind of website together and to avoid the many dead ends which Gawker’s tech team undoubtedly ran into while building this site.

This hack may or may not affect the number of comments on Gawker Media sites — comments which Gawker Media itself says have “become a prized asset” and contribute importantly to Gawker Media’s value. Commenters, of course, represent many more pageviews than any other readers. (Incidentally, Denton recently increased the amount he’s offering to buy back shareholders’ stakes from $30 per share to $35 per share, which means that he’s now valuing the company at $35 million.)

The hackers are malicious, although they haven’t (yet) followed through on their scariest threat:

ripgawker.tiff

Clearly, if they’re willing and able to do this, #gnosis could cause vastly more damage than they have done already. Equally clearly, as Gawker says, the company “should not be in the position of relying on the goodwill of the hackers who identified the weakness in our systems”. And going forwards, it’s going to be very hard for anybody to trust Gawker as a media organization which can’t get hacked. What’s more, the way that Gawker taunts known hackers only makes such hacks more likely.

This, then, is a vivid example of the tail risk associated with companies like Gawker and is the main reason to sell shares back to Denton at $35 apiece: you never know what kind of event might happen to render the company worthless. That extreme outcome probably won’t come to pass, but do you want to take the risk?

Update: Gawker Media now has a FAQ up, which stops short of an apology. What Gawker didn’t do — but what the good people at Hint did do — is email everybody whose email and password were made public, to inform them of that fact. “In situations like this, time is of the essence, which is why we were surprised & shocked to find that Gawker Media hadn’t taken the initiative to notify you of this privacy breach immediately,” they wrote. I’m with them: Gawker should have done what Hint did. But, thankfully, now they don’t need to. And if you haven’t received an email from Hint, there’s a good chance that your email and password have not been made public.

Examining Larry Fink

Felix Salmon
Dec 11, 2010 00:24 UTC

blackrock.pngPaul Kedrosky loves playing around with word clouds, and generated this one from the new Bloomberg Businessweek profile of Larry Fink. It’s cute, as Paul notes, that Goldman and government seem to intersect. But it’s also interesting to see how prominent Goldman Sachs is — it’s the only bank in the cloud.

That made me want to read the profile, because the tense relationship between Fink and Goldman is something I’d love to see much more written about. But weirdly, the authors seem to go out of their way not to delve. They compare the business lines of the two companies, but take Fink at face value when he downplays any rivalry:

Fink brushes off the Goldman Sachs comparison—”They’re in such a different business,” he says. “I don’t want to be in that business.” …

“Goldman Sachs is a great partner of BlackRock’s, and yet we compete bitterly against each other, too, in the asset management side. We use them as a counterparty, and we do a lot of trades with them.” But, he says, “we are very different. This is who we want to be.”

Weirdly, this passage comes right after Fink goes out of his way to compare himself favorably with former Goldman executive John Thain, who beat him out to become CEO of Merrill Lynch:

When BlackRock rearranged its offices earlier this year, expanding onto several additional floors on East 52nd Street, Fink decided not to radically redecorate his new space. “Same furniture, exactly the same maker,” he says, gesturing around the room and chuckling. No $2 million renovation? “No. I don’t believe in that.”

If you only read one profile of Fink, the best one remains last April’s piece by Suzanna Andrews in Vanity Fair, which includes all the information in the more recent profile, plus much more about Fink the man:

Fink is also one of the best gossips on Wall Street. In an industry where information is power, he is regarded as the king, someone who gives to get. “Larry’s a real yenta,” says one bank executive who has known him since the early 80s. “There’s a lot of hinting at how much he knows. It’ll be ‘Oh, Bear Stearns, that portfolio is … ’ and then he won’t say it—he’ll just hold his nose.” Or “As I told Washington,” a phrase he is known to insert into conversation. “Larry has always wanted to be important,” says this bank executive. “And now that he’s more important than he ever dreamed of, he’s loving it.”

During six hours of interviews with Fink in December and January, all of these qualities were on display. Seated at the long cherrywood table in his conference room on the seventh floor of BlackRock’s headquarters, on East 52nd Street, he spoke about his firm, Wall Street, Washington, and himself. At times coolly analytical, and surprisingly reflective, he was at other moments defensive, emotional, and startlingly blunt. He gesticulates when he speaks, in a voice that sometimes verges on shouting but can suddenly drop to a whisper as though he were talking to a child or a lover. Both trenchant and gossipy in his insights—with a mind that moves at 90 m.p.h.—it is obvious what draws people to him. He’s open and unguarded, but only up to a point. There is another side of Fink—cautious and veiled—that monitors every word that comes out of his mouth.

Andrews was willing to probe Fink’s relationship with Thain:

Asked about that, and about accounts that he was “desperate” for the job and “furious” when, in November 2007, it went to his nemesis Thain, Fink says, “I was never desperate for the Merrill job. I can say I was interested in exploring it, but I didn’t want to go into a snake trap. I said for me to even consider it I needed to have my team go in and look at the balance sheet. And I was never allowed to do that. The whole process was infuriating.” He also says that his issues with Thain—who was recently hired to run the commercial finance company C.I.T. Group—“go back a lot of years,” but he will not discuss them. Asked, too, about reports that Fink, in his disdain for Thain, calls him “John-boy,” he smiles.

She’s also much more explicit about BlackRock’s mistakes, beyond the obvious StuyTown fiasco:

Despite the perception that Fink hasn’t made any mistakes, there have been some major missteps. There was the strong backing of Lehman Brothers’ management as the bank was imploding, kicked off by BlackRock’s purchase of a large block of Lehman stock at $28 a share, three months before the firm went bankrupt. And shortly after Bear Stearns collapsed, Fink advised investors to put their money into riskier, high-yield debt, just before that market tanked. BlackRock, as Janet Tavakoli points out, also contributed its share to the toxic-asset morass—with close to $8 billion of collateralized-debt-obligation deals that defaulted in 2007 and 2008.

And Fink’s relationship with Goldman is quite explicit:

He makes no secret of his distrust of Goldman Sachs—“He hates Goldman,” says one former Goldman partner—and, indeed, although he uses the firm for trading, he does not use them for investment banking.

Both pieces ultimately tell the same story: FInk loses $100 million at First Boston, leaves under a cloud, learns his lesson, becomes determined to bring sophisticated risk-management tools to fixed-income investment, founds BlackRock in partnership with Blackstone, has a fight with Steve Schwarzman, builds BlackRock into the world’s largest fund manager, and now aspires to some kind of public office.

Both also neglect some obvious questions: if he’s so dedicated to BlackRock, why was he talking about moving to Merrill? Would Obama ever really give him some kind of plum political job? And how much of BlackRock does he own? (Answer: 1,759,603 shares, or 2.7% of the company, worth $322 million at today’s closing price.)

More generally, rather than weakly recapitulate the VF piece, I think it would have been better for Bloomberg Businessweek to delve into some wonkier questions. Can unleveraged asset-management companies in general, and/or BlackRock in particular, pose a systemic risk? Given the size and sophistication of BlackRock’s trading operation, how can it not, like Citadel, start quacking very much like a broker-dealer in its own right? And are there any concerns about the de facto Pimco/BlackRock duopoly in the fixed-income asset-management business?

One day, I would love to read a piece about the parallel rise of Bill Gross and Larry Fink, how they managed to corner the market in terms of institutional fixed-income mandates, and how Pimco and BlackRock changed the very nature of bond investing while riding the long-term secular wave of declining interest rates and, along the way, becoming dynastically wealthy. What do those two men think of each other, I wonder.

COMMENT

Don’t read too much into “Goldman” appearing high in word counts of Bloomberg stories. Goldman used to be the biggest Bloomberg customer, and probably still is. All reporters there know that if they want readership, they should mention Goldman, preferably in the headline.

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The NYT toughens up its paywall

Felix Salmon
Dec 7, 2010 21:08 UTC

Martin Niesenholtz, the head of digital at the NYT, clearly hasn’t been taking my advice when it comes to how to build a paywall. Instead, he’s pre-emptively cracking down on a tiny and financially meaningless minority of hypothetical readers who might want to find ways around his wall:

“We will take great pains to make sure that the first-click-free policy isn’t abused in any way,” said Martin Nisenholtz, the Times’ digital chief. “Google has been quite cooperative in terms of setting a limit for the number of free articles that can go in for any one day, so that you can’t just sit and engineer your way into a free use of the website.”

What this says to me is that the NYT is spending too much time designing its paywall, and is disappearing down rabbit-holes best left unexplored unless and until it becomes clear that they need examining.

The NYT‘s paywall is designed to be porous: readers coming in from some other site (Google, Twitter, Facebook, Reuters) will always be able to read the article they’re looking for, even if they’ve used up their monthly quota. As a result, it’s more of a navigation fee than a charge for content.

That’s fine—except Nisenholtz now seems to be backpedaling from that concept, and saying that he’s going to “take great pains” to crack down on people who read a lot of nytimes.com without paying the company.

That’s silly, for three reasons. Firstly, great pains tend to come at non-negligible expense, and there’s no point in spending significant amounts of money unless you think you’ll recoup those costs in extra revenues. In this case, Nisenholtz seems to think that (a) there will be a large number of people trying to find a way around the NYT paywall — and that (b) a significant proportion of those people will end up giving in and subscribing (as opposed to simply going elsewhere), if the paywall is made hard to get around. I very much doubt that he has any concrete evidence that either proposition is true, let alone that both of them are; common sense, then, would dictate that he wait until he gets such evidence before working on bolstering the wall.

Secondly, there are so many ways to get around paywalls—simply deleting your cookies generally does the trick—that there’s no good reason to believe the NYT‘s “great pains” are going to actually work very well in practice.

Finally, the less porous the wall, the more annoying it is—for subscribers and non-subscribers both. That’s simply the way that paywalls work. Strengthening your paywall sends the message that you don’t trust your subscribers, or your subscribers’ non-subscriber friends: you’re treating them as potential content thieves.

Why would Niesenholtz do this? Why won’t he just satisfy himself with raising revenue from loyal readers, rather than trying to prevent people from reading lots of stories? It should be flattering that some people want to read NYT content so badly that they will take the long way round the paywall. Instead, Nisenholtz seems to find it downright threatening. And one possible reason is hinted at by Rick Edmonds:

A Kindle subscription to the Times cost $19.99 a month, and Scott Heeken-Canedy, president of The New York Times newspaper, said that might be indicative of where pricing for full Web access will end up.

If by “will end up” he means “will end up eventually, after we’ve quietly raised the subscription price half a dozen times,” then Niesenholtz’s tactics don’t make sense. But if by “end up” he means “will end up being when the paywall goes live next year”, then they do.

$20 per month is a large amount of money for people to pay for a product they’re used to getting for free, and indeed it’s so large that most of the NYT‘s regular readers will simply refuse to pay it. In that situation, the subset of people who will pay but only if the paywall is a tough one might start becoming relevant.

Niesenholtz says that 15% of current visitors view 20 pages or more per month. But people won’t pay $20 to read 20 pages per month: that kind of money only begins to be worth paying once you start reading a few pages per day, or say 100 pages per month. Let’s say that 5% of current visitors fall into that bucket, and that of that 5%, only one in ten will actually pay $20 a month for website access. (I’m not counting print or iPad subscribers who get free access to the website with their other subscription.)

At that point, Niesenholtz is directly monetizing just 0.5% of his visitor base—a number which is small enough that grabbing a few people who otherwise like to find a way round paywalls could actually make a significant difference.

I think it would be silly to start the paywall experiment at a high $20-a-month price point. Somewhere between $5 and $10 would make more sense. But if the NYT really is considering making nytimes.com a $240-a-year product, then maybe that explains their newfound emphasis on cracking down on those who would try to get around it.

COMMENT

$240 is toothpick money if you’re a partner at Goldman Sachs, but it’s a daunting sum if you’re nearing retirement on a nest egg more modest than those owned by New York’s uppercrusters. If the NYT thinks $20 a month is a modest amount for online access, it’s a bit out of touch with the real world.

But I don’t think that’s the problem. The NYT is a premium product, and its owners and managers think it should sport a premium price. That’s partly a strategy to protect the paper’s value, partly a strategy to protect the managers and owners from the humiliation of offering Wal Mart prices.

It’s also an old way of thinking. I’d price the paywall for unlimited access at a dollar a month, and work to get 30 million subscribers.

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The $100 hamster wheel

Felix Salmon
Dec 7, 2010 15:20 UTC

Back on October 1, the Fed put out a short, bland press release announcing “a delay in the issue date of the redesigned $100 note.” Sometimes, there’s a great little story hidden behind such news, and in this case it was CNBC’s Eamon Javers who found it:

An official familiar with the situation told CNBC that 1.1 billion of the new bills have been printed, but they are unusable because of a creasing problem in which paper folds over during production, revealing a blank unlinked portion of the bill face.

A second person familiar with the situation said that at the height of the problem, as many as 30 percent of the bills rolling off the printing press included the flaw, leading to the production shut down.

The total face value of the unusable bills, $110 billion, represents more than ten percent of the entire supply of US currency on the planet, which a government source said is $930 billion in banknotes. For now, the unusable bills are stored in the vaults in “cash packs” of four bundles of 4,000 each, with each pack containing 16,000 bills.

Officials don’t know exactly what caused the problem. “There is something drastically wrong here,” a person familiar with the situation said. “The frustration level is off the charts.”

Javers had time to put together his story, and it shows. But according to some weird rule of journalism, the minute that CNBC ran the story, a full nine weeks after the original press release came out, everybody else felt that they had to have it too, and have it immediately.

And so it came to pass that Brady Dennis of the Washington Post started making phone calls to Treasury, Thomas Grillo of the Boston Herald called up the printers, the AP phoned the Bureau of Engraving and Printing, and Alex Branch of the Fort Worth Star-Telegram called the Bureau’s Engraving and Printing Western Currency Facility, all in the service of re-reporting hastily what CNBC had already reported carefully. Charles Riley of CNNMoney spoke only to “an official familiar with the situation,” while Dan Arnall of ABC spoke to “sources.” None of them, with the honorable exception of WaPo’s Dennis, credited CNBC; Krystle Gutierrez of Fox in Dallas even put an “originally reported by myfoxdfw.com” slug on the bottom of her story, mentioning CNBC nowhere.

On top of that, lots of sites rewrote the CNBC story, giving CNBC credit but doing no new reporting themselves, and sometimes mangling the facts along the way.

$100 bills are sexy things: even the rich get a frisson from handling them. As such, they’re irresistible to news editors, especially on a very slow news day. But aren’t we meant to be entering the age of reporting a few stories well and then linking to the rest? Haven’t we always worked under the general principle of “faster than anyone better, better than anyone faster”? I can’t help but think that if news organizations put a tenth of the amount of effort into external linking that they do into re-reporting other people’s stories, we’d have a much more vibrant and useful news culture.

COMMENT

Yes, they’re used in other countries. The US gets enormous amounts of seignorage from them — although that number’s falling now that interest rates are so low.

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Can Rolling Stone claim Blankenship’s scalp?

Felix Salmon
Dec 6, 2010 20:09 UTC

Can Rolling Stone claim another scalp? Six months after ending the career of Stanley McChrystal, Rolling Stone published Jeff Goodell’s blistering, 7,600-word profile of Don Blankenship, the CEO of Massey Energy. Entitled “The Dark Lord of Coal Country,” it’s powerful stuff:

Unless you live in West Virginia, you’ve probably never heard of Don Blankenship. You might not know that he grew up in the coal fields of West Virginia, received an accounting degree from a local college, and, through a combination of luck, hard work and coldblooded ruthlessness, transformed himself into the embodiment of everything that’s wrong with the business and politics of energy in America today — a man who pursues naked self-interest and calls it patriotism, who buys judges like cheap hookers, treats workers like dogs, blasts mountains to get at a few inches of coal and uses his money and influence to ensure that America remains enslaved to the 19th-century idea that burning coal equals progress…

29 men died violent deaths in large part because Don Blankenship ran what amounted to an outlaw coal mine, racking up more than 500 safety violations and nearly $1 million in fines last year alone.

And while the lethal explosion at Big Branch got the headlines, that’s not all the human misery that Blankenship has caused: Goodell goes into detail about the way in which his decision to divert 1.4 billion gallons of toxic coal slurry into old coal mines poisoned the drinking water of hundreds of people with heavy metals such as arsenic and lead.

According to the lawsuit, Massey knew that the ground around the injection sites was cracked, which would allow the toxic waste to leach into nearby drinking water. But injecting the slurry underground saved Massey millions of dollars a year. “The BP oil spill was an accident,” says Thompson. “This was an intentional environmental catastrophe.” Massey denies any wrongdoing in the case. But after Blankenship started pumping the slurry underground, he took steps to make sure that he and his family did not suffer. Around the time that his neighbors were starting to get sick, Massey paid to build a waterline to bring clean, treated water directly to Blankenship’s house from Matewan, a few miles away. Yet he never offered to provide the water to his neighbors, some of whom can see his house from their windows.

Goodell’s story was prescient, perhaps even self-fulfillingly so:

Blankenship still holds an iron grip on Massey’s board of directors. “He’s the embodiment of an imperial CEO,” says one expert on corporate governance. But the board may soon find itself forced to choose between Blankenship and the company’s survival… big shareholders are beginning to turn against the company. “The mine disaster was an eye-opening event for us,” says Brian Bartow, general counsel for the California State Teachers’ Retirement System, a large pension fund that is a major holder in Massey stock. “We re-examined the risks that the company was running in the way it does business. In our view, it has a lot in common with the subprime mortgage crisis — there are a lot of risks here that Massey is not acknowledging.”

I ask Bartow if he believes Blankenship should resign. “He should,” he says. “He clearly doesn’t get it.”

Blankenship announced that he was retiring—to unanimous astonishment—on Friday, a week after Goodell’s story appeared. Massey Energy itself will probably not last long in its present form: although it’s reportedly looking for companies to buy, more likely is that it will end up being swallowed by a larger player. And Blankenship himself is still the target of various lawsuits. But Goodell’s conclusion still, sadly, stands.

“I don’t care what people think,” he once said during a talk to a gathering of Republican Party leaders in West Virginia. “At the end of the day, Don Blankenship is going to die with more money than he needs.”

COMMENT

586 mountains gone, Blair Mountain slated for Mountain Top Removal to wipe out the history they won’t teach in schools: that those red-neckerchief wearing coal miners won us the 40 hour work week and ended child labor in the US. That union was broken by Mountain Top Removal coal mining practice-blastin 1000ft of a mountain and burying over 2000 miles of head water streams. 116,000 miners lost their jobs since it takes about 12 men to dynamite a mountain. Votes on the floor of the house could pass the Clean Water Protection Act but the bill is held hostage by West Virginia Legislator Nick Rahall, Committee on Transportation and Infrastructure: the House Transportation Subcommittee on Water Resources and Environment apply pressure here and boycott PNC Bank, the only remaining funder of a practice so costly to the environment that the Rain Forest Action Network convinced Bank of America not to fund it. Thanks for spreading the shock waves of Appalachia Rising. Visit iLoveMountains.org

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The NYT loves Jamie Dimon

Felix Salmon
Dec 6, 2010 07:31 UTC

I’m not a huge fan of Roger Lowenstein’s NYT Magazine piece on Jamie Dimon, which comes complete with a positively glowing cover photo. It seems altogether too sympathetic to the man — who is, it must be said, a good banker — while failing to make the point that we can’t regulate a banking system on the assumption that the biggest banks will always be run by good bankers.

Dimon gave Lowenstein a very impressive degree of access for this article and from a PR perspective that decision makes perfect sense. Dimon is a good bank CEO and can make a very credible case that he’s part of the solution rather than part of the problem. One can’t necessarily blame Dimon for taking the banker-bashing personally — but I think it’s fair to blame Lowenstein for failing to point out that Dimon’s “l’état, c’est moi” attitude is itself problematic. The problems with megabanks like JP Morgan are not problems that Dimon or anybody else can solve: they’re endemic to any bank with assets of $2 trillion and growing. Here’s Lowenstein, on Dimon:

He was adamant that government officials — he seemed to include President Obama — have been unfairly tarring all bankers indiscriminately. “It’s harmful, it’s unfair and it leads to bad policy,” he told me again and again. It’s a subject that makes him boil, because Dimon’s career has been all about being discriminating — about weighing this or that particular risk, sifting through the merits of this or that loan.

The point here, surely, is that government has to be indiscriminate when it comes to bank regulation. Yes, on a case-by-case basis, the government can play favorites — and indeed it did so, during the crisis, when it engineered the transfer of both Bear Stearns and Washington Mutual into Dimon’s safe pair of hands. But equally the government can’t soft-pedal its regulation of banks and bankers on the grounds that one particular banker happens to have come out of the crisis with his reputation for risk management largely intact.

Lowenstein continues:

There are, believe it or not, reasons for wanting banks to be big, including safety. A large bank with many loans is less prone to failure than, say, a bank in Texas that lends to only oil drillers. For related reasons, as a bank gets bigger, its credit will generally be stronger, its borrowing costs lower. But as Dimon points out, banking also suffers from diseconomies of scale, like the lack of attention to detail and the “hubris” that can undermine a large organization. Such sins are precisely what crippled Citigroup and A.I.G. Nonetheless, Dimon insists that for a bank that gets it right, the positives of consolidation are overwhelming. Since J. P. Morgan’s acquisition, in 2008, of Washington Mutual, each Chase branch spends $1 million less on overhead and technology than it did before.

This is too credulous. Yes, big banks are less prone to failure than small banks — but that just makes them more dangerous, from a systemic perspective. If a lender to Texan oil drillers goes bust, the systemic repercussions are de minimis. If Citigroup or AIG goes bust, the whole world feels the impact. If a lot of small banks all make very similar loans to very similar people, then they can collectively approach the systemic impact of one large bank — but even then they won’t be so interconnected and so international that taxpayers are essentially forced to bail them out.

And I really don’t know what to make of that $1 million a year figure. If it’s true, it implies that Chase was a very inefficient retail bank and that Dimon was not half as good at running it as he’d like us to think. It also means that if small banks and credit unions found it hard to compete with Chase before, they’ll find it impossible to compete with Chase now. But I do wish I knew where the number came from, because I have to admit I’m suspicious.

Lowenstein then lauds Dimon’s exceptional risk-management skills:

That he manages to be the exception to the rule is a credit to his radar for trouble. Judy, his wife, whom he met at Harvard, claims he has an instinct for danger. Jay Fishman, who worked with Dimon in the ’90s (today he is chief executive of Travelers), says: “Jamie has a healthy regard for the idea that we will go through crises and that we will be lousy at predicting them. The flip side is he will run his businesses more carefully.” In the early ’90s, when banks were racking up huge losses in commercial real estate, Dimon ordered Fishman to study what would happen to Primerica if Citibank should fail. It was the sort of far-fetched risk that no other banker would worry about. A few years later, Primerica acquired Travelers, which had been weakened by Hurricane Andrew. Dimon demanded to see the catastrophe risk in every region the firm covered. Dimon did not have day-to-day control over insurance, but he routinely trespassed over organizational charts. He told Fishman to limit his exposure so that even a once-in-a-­century storm would not cost the company more than a single quarter’s earnings. That was a highly unusual, and unusually conservative, approach.

THIS FALL, DIMON SPOKE at a conference sponsored by Barclays Capital: a thousand people crammed into the ballroom at a Manhattan Sheraton to hear him. The master of ceremonies began by noting that Dimon was also the lunchtime speaker at the conference in 2006, just before the mortgage bubble burst. It was interesting to recall, he said, who else spoke then: Kerry Killinger, the chief executive of Washington Mutual; Michael Perry, chairman of IndyMac; as well as executives from the subprime lender Countrywide Financial and Lehman Brothers. “Jamie told us that day about subprime exposure — his was the first major bank to talk about that,” the master of ceremonies said. “All of those other firms disappeared.”

What Lowenstein doesn’t do, at this point, is talk about how all this only serves to underscore how weak the U.S. banking system’s risk-management systems are: JP Morgan Chase survived in large part thanks only because it was lucky enough to have Dimon at its helm. If Stan O’Neal had been in charge, things would have turned out very differently indeed. As a result, it becomes not only sensible but necessary to hobble JP Morgan more than Dimon feels is warranted. You don’t set speed limits on the basis of how fast the very best drivers can safely travel.

Lowenstein shows just how uncritical he’s being in his section on credit cards:

Dimon laments that people — he means the Congress — don’t really understand the credit-card business. Last year, Congress enacted a law that restricted pricing flexibility — for instance, banks must give a 45-day notice before raising their rates, even when a borrower misses a payment. The legislation was meant to prevent sudden interest-rate increases that had caught cardholders unawares.

Dimon argues that all businesses charge for some things and not for others. For instance, restaurants give you the tablecloth and the silverware free and “mark up” the food. (Dimon loves to illustrate banking verities with examples from more familiar, and less threatening, industries.) Credit-card companies provide a service — convenience — “free,” but the business entails significant risks. In a typical month, Chase lends $140 billion to people, with no form of security. The bank earns interest on those loans, of course, but it has to pay expenses and eat the bills of cardholders who fail to pay them back. Before the bust, unpaid bills totaled roughly $6 billion; in 2009, when unemployment rose to double digits, credit-card losses soared to $18 billion, and the business plunged into the red. How to set rates that keep such a business both profitable and an attractive proposition for customers is what bankers do — or at least, what they try to do.

To compensate for its inability to quickly raise rates, Chase has decided to lessen its exposure by no longer offering cards to a portion of its customers that it deems the riskiest. This isn’t necessarily bad; if the mortgage mess taught us anything, it is that banks should exercise discipline.

It has been amply documented that exploding interest rates on credit cards are not a way of pricing the “significant risks” of default; instead, they’re a way of sweating the maximum amount of money out of borrowers so that when they do default, the card company has already made a tidy profit. If banks can no longer wring monster interest payments and penalties out of people who clearly can’t afford them, then sure, they’ll drop those people as customers — that’s the whole point and the intended effect of Congress’s intervention here. The discipline being exercised is in the law, not within the banks.

And then there’s this:

Dimon acknowledged to me that in Chase affidavits, individuals incorrectly said they had reviewed loan files when in fact they relied on the work of others. So far, he says, Chase has not found cases of homes foreclosed on in error; payments on its suspended foreclosures are, on average, 15 months overdue.

The implication here — that if a homeowner is in default, then they can’t be foreclosed on in error — is simply false. It doesn’t matter how overdue the mortgage payments are: if you don’t legitimately own the mortgage, then you can’t foreclose. But, of course, many banks do just that — including Chase.

Or there’s the literally parenthetical treatment of hedge funds:

Perhaps naïvely, he was disappointed that political concerns played a large role in shaping the legislation. (An example is that Dodd-Frank limited bank investment in hedge funds, even though the latter were peripheral to the crisis.)

For one thing, the crisis began with Bear Stearns’s investment in its own subprime funds going horribly wrong. But in any case, Dodd-Frank was always intended to prevent future crises, not the last one. And having banks invest in hedge funds can’t conceivably improve systemic stability. Banning investments in hedge funds is hardly a “political concern” — it’s an important way of keeping banks sticking to their knitting, rather than branching out into dangerous areas which can hole them below the water line.

Dimon’s clearly a charmer — it’s the only way to explain passages like these:

Bear Stearns modestly added to J. P. Morgan’s franchise (Dimon says he was largely motivated by a desire to ease the crisis)…

Dimon could remain at J. P. Morgan for another decade — he says he has forsaken any thought of public service.

I haven’t spent months following Jamie Dimon around private meetings and dinners, but how is it possible not to burst out laughing when Dimon says with a straight face that has forsaken any thought of public service? All powerful CEOs live in a reality-distorting bubble, of course, and I suppose it’s not Lowenstein’s job to puncture that bubble in the presence of such greatness. But really.

What I’d really like to see is some bonus online material, surrounding this episode:

The new “systemic regulator” that the Dodd-Frank act established is meant to unwind a failing institution without rewarding its creditors or investors. Dimon is a huge supporter of the concept. “No one should be too big to fail,” he tells me. And J. P. Morgan? “Right,” he says. “Morgan should have to file for bankruptcy.” Suddenly, he begins to scratch out how a putative bankruptcy of his company would look, dissecting the capital structure line by line.

Lowenstein leaves it there — with no indication whatsoever of how Dimon thinks a bank could ever successfully declare bankruptcy. It’s never happened before, and there’s a strong case to be made that, at least in the case of a big international bank like JP Morgan Chase, it can’t possibly happen in the future, either.

My biggest problem with Lowenstein’s piece is that he never really grapples with JP Morgan’s sheer enormity — the root cause of substantially all the enmity between Dimon and those who would seek to hobble his plans for global domination. Is JP Morgan too big to fail? If so — and surely the answer is yes — then how can Dimon justify its existence, or his own plans to make it even bigger? To read this profile, you’d be forgiven for thinking that if Dimon is qualified to run a big bank, he should be allowed to do so. But he shouldn’t — no one should — if the cost of failure, no matter how unlikely, is a massive taxpayer bailout and another devastating global recession.

COMMENT

If Italy was the worst case scenerio I could totally live with that.

I think the growth of the emerging economies continues and Americans/Europeans who have always counted on being able to import the energy and materials they need to support mass affluence will steadily be less and less able to pay the bill.

Posted by y2kurtus | Report as abusive

Conflict disclosure of the day, Forbes edition

Felix Salmon
Dec 1, 2010 21:49 UTC

Hal Scott has an op-ed in Forbes, taking the Obama administration to task for supporting the Argentine government in its court fight against holdout creditors. As the prospect of sovereign default spreads from emerging markets to the euro zone, Scott wants the US to do everything it can to encourage other governments to never default. “Default,” he writes, “should only be a last, disgraceful resort.”

What I’m most interested in here is the way that Scott is identified:

Hal S. Scott, a professor of international finance at Harvard Law School, has filed an amicus brief in the Argentine litigation.

This is true, but it needs to be parsed very carefully to be properly understood. In reality, Scott is a paid partisan in the Argentine-debt wars, and has been for years. In September 2006, he released a paper entitled “Sovereign Debt Default: Cry for the United States, Not Argentina”, which can be found hosted on the website of ATFA, the vulture-fund-backed pressure group which is the lobbying arm for Argentina’s holdout creditors. (ATFA also emailed me to make sure I’d seen Scott’s piece in Forbes.)

Scott’s 2006 paper was very radical: it suggested massive changes to the Foreign Sovereign Immunities Act which would be tantamount to repealing the entire thing. He said that “the US should endeavor to give creditors the same rights against sovereign borrowers that they have against private borrowers” and that if foreign central banks have assets in the US or Switzerland, those assets should be “available to be attached in satisfaction of debts owed by the sovereign” — as should sovereign payments to the IMF. Creditors should also, he said, be able to seize state-owned companies if those companies were owned by a state in default.

This is very extreme stuff, and violates every norm in international diplomacy: it’s never going to happen. Scott’s paper was a salvo in the court battle over Argentina’s debt, and I have always assumed that it was paid for—as was his amicus brief—by Argentina’s creditors. (Scott was writing briefs siding with them as long ago as 2004.) But as Charles Ferguson showed so well in his movie Inside Job, academics are incredibly bad at disclosing even when they’ve been paid by vested interests, let alone how much they’ve been paid.

Scott, then, is hardly a disinterested law professor here, as a naive reading of his Forbes bio might suggest. Is it too much to ask that he disclose that he’s been paid by Argentina’s creditors, even if he doesn’t have to give a dollar amount?

COMMENT

DanHess, pity historians whining about “imperialism” were not as forgiving.

Posted by Danny_Black | Report as abusive
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