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ProPublica Staff

United States (ProPublica) – by Cora Currier

According to the Wall Street Journal, the Securities and Exchange Commission has warned a top banker that it may bring civil charges against him for his role in creating a risky collateralized debt obligation, or CDO, that exploded spectacularly as the housing market crashed. It’s the first public evidence that the SEC is considering charges against a top banking executive involved in CDOs, which fueled the financial crisis.

The CDO, from the end days of the boom in 2007, was one of dozens that had been created with the help of the hedge fund Magnetar. As we reported with This American Life and NPR, Magnetar often pushed for riskier assets to be included in CDOs, and placed bets against many of the same investments so that it would profit if those risky assets went sour. (Magnetar has never been charged with any wrongdoing, and has always maintained that it did not have a strategy to bet against the housing market.)

The banker warned by the SEC, Alexander Rekeda, helped create a $1.6 billion CDO for Japanese bank Mizuho called Delphinus CDO 2007-1. Investigators allege that investors were not told Magnetar stood to profit if the investments failed. (Here’s the pitchbook for Delphinus.)

Delphinus is not the first deal involving Mizuho and Rekeda that the SEC has looked into. As the Journal reported last year, the agency has been investigating another CDO that Magnetar created with Mizuho called Tigris. That CDO was a collection of the riskiest bits of other CDOs — as we described it, they were “bundling up the dregs of a CDO,” a “rare, if not unprecedented” strategy. The Tigris deal has not yet resulted in charges.

We’ve reached out to Rekeda, who no longer works at Mizuho, but have yet to hear back. A spokesman for Mizuho told the Wall Street Journal that it “has been asked by the SEC to provide related documents and information, and it’s currently dealing with it.” (We also have reached out to Mizuho.)

The warning sent to Rekeda, called a Wells notice, says that the SEC has made a “preliminary determination…to recommend charges based on alleged misrepresentations in connection with the structuring of a CDO.”

As we noted last fall, the SEC has also warned ratings agency Standard & Poor’s that it also may face civil charges in connection with the Delphinus CDO. Standard & Poor’s abruptly downgraded Delphinus just a few months after the security was issued and received a top rating.

Other banks have been charged by the SEC and settled allegations involving CDOs. In 2010, Goldman Sachs settled with the SEC for more than $500 million. Last June, J.P. Morgan agreed to pay $153 million and in October, Citigroup reached a $225 million settlement.

– Provided by ProPublica.org

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The Media Line Staff

Cairo, Egypt (The Media Line) – Egypt faces a risk-laden game of Beat the Clock as it tries to get its political house in order before its foreign currency reserves sink much more.

Reserves fell to $16.4 billion in January from about $36 million a year earlier, a drop that economists all agree imperils the economy and requires Egypt to seek support from external sources and make difficult decisions to cut back government spending and subsidies. But that will be difficult given the political situation.

Presidential elections are now scheduled for late May, preceded by a six-week election season. Meanwhile, a parliament dominated by Islamists is tussling over who will control the government with the interim military council. A dispute with the United States over foreign human rights activists detained in Egypt is threatening vital American aid to the country. In the meantime, no U.S. assistance is being transferred to the country.

The timetable looks even more challenging when the role of the International Monetary Fund (IMF) is factored in. Egypt’s Ministry of Finance is reportedly counting on the IMF’s executive board to approve a $3.2 billion facility towards mid-March, which will then go to parliament for approval about the time the presidential campaign is getting under way.

“Time is not on Egypt’s side and politics could be the prime suspect to derail or delay an IMF program or exacerbate dollarization and [foreign currency] outflows,” Bank of America Merrill Lynch analyst Jean-Michel Saliba said in a note to investors last week.

Concerns that Egypt’s political trajectory looks to be on a collision course with its financial needs came in the form a downgrade in its bond rating by Standard & Poor’s (S&P) on Feb. 10. S&P lowered its ratings to B from B+ on Friday, five notches into junk territory, and said further downgrades could be on the way.

“The negative outlook reflects our view that a further downgrade is possible if the government fails to stem the decline in reserves, or an uncertain policy environment and weak institutions emerge from the ongoing political transition,” S&P said. Moody’s and Fitch, two other bond-rating agencies, cut their ratings on Egypt earlier.

Diminishing foreign reserves may be the most immediate threat to Egypt’s economy, but it is not the only one. More than a year after the revolution that brought down Hosni Mubarak, economic growth has stalled, the number of visiting tourists has plummeted and foreign investment has evaporated, all of which is exerting huge economic pressure on the government at a time of political flux.

Bank of America Merrill Lynch estimated that Egypt’s drawdown of its foreign currency would slow to what it called a “more manageable” $500 million a month because the foreign capital that has been responsible for much of the decline has been nearly drained out of the country.

On the other hand, Egypt could also get a boost from a rare instance of foreign investment if France Telecom goes ahead with the purchase of a $2 billion stake in the Egyptian Company for Mobile Service, popularly known as Mobinil, which it agreed to buy from Egyptian entrepreneur Naguib Sawiris last week. If the transaction goes through, that money might be transferred to Egypt in March.

But Merrill also noted that Egypt’s finances look more precarious than the headline foreign reserves figures show. Taking out Egypt’s holdings of gold, reserves fall to $13.6 billion, which are equal to just 2.8 months of imports, Saliba wrote in the Feb. 16 note. Meanwhile, Egypt’s external financing needs could reach some $11 billion through June 2013, Finance Minister Momtaz el-Saieed said Feb. 10.

But accepting aid is politically problematic because the public looks askance at foreign assistance, especially from the U.S. Only 26 percent favor accepting American aid, according to a Gallup poll taken in December. The proportion willing to accept international aid rises to 50 percent (with 42 percent opposing) and those willing to accept it from fellow Arabs reaches 68 percent (28 percent opposing), Gallup found.

Egyptians don’t like aid because it usual comes with strings attached, such as unpopular economic reforms in the case of the IMF and maintaining the 1979 peace treaty with Israel, in the case of American assistance. Political opposition to foreign assistance caused the interim military government to reject the original offer of an IMF credit last spring, a decision many economists say has exacerbated the financial troubles in which Egypt now finds itself.

Parliament must approve an IMF loan, but Essam el-Erian, a leader of the Muslim Brotherhood’s Freedom and Justice Party, which dominates parliament, said his group may vote against it because it might impinge on Egyptian sovereignty. “Look at Greece,” el-Erian said in an interview with Bloomberg News this week. “Everybody is telling it what to do.”

Above and beyond accepting foreign financial assistance, the other remedies for Egypt’s foreign reserves ailment are all painful for politicians and the public alike.

One is bringing down the budget deficit. As the economy has shrunk and the government boosted handouts in the early days of the revolution to try and palliate the population, Egypt’s fiscal deficit has ballooned. Officials recently revised upward their forecast for the budget deficit for the fiscal year ending June 30 to 9.4 percent of gross domestic product.

The solution would be to cut spending, particularly costly and wasteful subsidies on food and energy. Indeed, the military government recently announced plans for $4 billion in spending cuts and the IMF and others providing aid will have their own list of fiscal measures. But political analysts suggest that will inevitably mean cuts to popular energy and food subsidies of the kind that have set off riots in the past.

Another remedy is devaluing the Egyptian pound. In spite of Egypt’s mountain of economic woes, the pound had shed only about 1 percent of its value over the past year as the central bank acted to shore up its value by raising interest rates and drawing down on reserves. But the bank’s options are narrowing as it is forced to devalue the pound, which will almost certainly lead to higher inflation.

Analysts see some positive elements in the Egyptian political scene. Saliba notes that the decision to move up the presidential vote to May reduces the length of the campaign season and the opportunity for grandstanding by candidates. Ahmed Galal, managing director of the Economic Research Forum in Cairo, maintains that the Muslim Brotherhood has taken a pragmatic line on subsidiary reform and supports free markets.

©2012. The Media Line. All Rights Reserved.

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ProPublica Staff

Washington, DC, United States (ProPublica) – by Cora Currier

Citigroup agreed yesterday to pay $158 million to settle a lawsuit over bad loans that the bank passed on to the Federal Housing Administration to insure. The whistle-blower who originally brought the case, Sherry Hunt, an employee of Citi’s mortgage department, said the company actively undermined the process that was supposed to check for fraud in order to push through reckless loans and get higher profits.

The suit itself makes for good reading. We’ve pulled out the juiciest bits, and explain just what Citi appears to have been doing.

Some background: The FHA insures one-third of the mortgages loans in the country, taking on the risk of homeowners’ default from lenders like Citi. The government requires lenders to certify that insured loans meet FHA standards.

Citi appears to have flouted those standards. According to the lawsuit, the bank passed along subpar loans to the FHA until very recently, making “substantial profits through the sale and/or securitization of FHA-backed insured mortgages” while “it wrongfully endorsed mortgages that were not eligible.”

In the settlement, Citi, which was bailed out by taxpayers in 2008 to the tune of $45 billion, “admits, acknowledges, and accepts responsibility” for passing on bad loans.

The suit’s allegations

Citi was passing on mortgages with particularly high rates of default to the FHA, costing taxpayers millions in insurance claims:

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Diane Alter – AHN News Reporter

New York, NY, United States (AHN) – U.S. stocks opened mixed to higher Thursday fueled by lower than expected jobless claims and impressive earnings from General Motors.

Just after the open on Wall Street, the Dow Jones Industrial Average was up 15 points. The Standard & Poor’s 500 Index and the NASDAQ were both nearly unchanged.

Investors were buoyed by the a report from the Labor Department that showed initial jobless claims fell to a near four-year low.

Also giving stocks momentum was an earnings report from General Motors. GM reported the largest annual profit in its history on Thursday, even as losses in Europe were a drag on fourth quarter earnings.

The auto maker said it earned a quarterly profit of $472 million, or 28 cents a share. It was the eight consecutive quarterly profit for the car maker, which strategically cleared up much of its debt in bankruptcy a few years ago. For all of 2011, GM earned $7.6 billion, most of it from North America.

In early morning trading, shares of GM climbed almost 5 percent, and were last changing hands at $26.15 per share.

Holding stocks back were continued worries over Greece’s ability to secure a second bailout. Investor sentiment was further dampened after rating agency Moody’s put 17 global banks and 114 European financial institutions on review for possible downgrades.

Gold fell as Greece’s woes hurt the euro. The precious metal tumbled $16.40 to $1,711.80 a troy ounce. Oil was flat at $101.67 a barrel.

Ringing the opening bell on the NYSE was Westminster’s Best in Show, Malachy, a petite, composed and well manicured Pekinese.

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Windsor Genova – AHN News News Writer

George Town, Cayman Islands (AHN) – Hedge fund manager MR Capital Management said on Tuesday that the current mispricing on Chinese reverse takeover (RTO) companies still offer opportunity to investors but due diligence must be conducted before investing in such firms.

“It is not a normal mispricing situation. It is a mispricing in value of growth and quality companies. This could be a great opportunity,” says Mohannad ALRashoudi, founder and fund director of MR Capital Management, which is managed by the Cayman Islands-based Global Consumer Loyalty Fund Ltd.

ALRashoudi’s advice comes as American companies avoid Chinese RTO companies in reaction to a regulation prohibiting U.S. accounting firms from opening their own auditing offices in mainland China. Instead, American companies are required to hire the services of local auditing firms.

He says that such market reaction is justified, especially when the subject is accounting fraud.

RTO, also called reverse merger, allows private companies to become publicly traded without undergoing an initial public offering (IPO) by buying sufficient shares, which are then exchanged for shares in the public company. This type of merger enables a private company to avoid paying expensive fees associated with an IPO. However, no additional funds are acquired through such merger and the private company must have enough funds to complete the transaction on its own.

Reverse mergers allow companies to immediately start trading without undergoing the usual underwriting process as required by the Securities and Exchange Commission. Many companies that took this route used unknown American audit firms that did very little due diligence.

The U.S. Securities and Exchange Commission and Chinese regulators are currently involved in an impasse about auditing procedures for U.S.-listed Chinese companies believed to be involved in fraud. These Chinese firms are able to fend off U.S. accountants from conducting audits, hiding from a Chinese law that forbids disclosure of “state secrets.”

According to ALRashoudi, this stalemate should be resolved quickly and added that no company should cover anomalous trading and use sovereignty to hide their insufficient financial transparency.

The alleged fraud has completely damaged some of these U.S. traded Chinese firms. But the MR Capital executive insisted that all that are needed are transparency and more compliance aside from conducting extensive due diligence.

“The problem here is that diversification in those companies isn’t a solution to participate, as diversification may well increase the risk. In our views, proper and extensive due diligence is the only solution. Then, you may and may not end with a single holding. As of today, no fund manager would like to be associated with Chinese reverse mergers, especially on the long side. But we prefer to do our due diligence,” says ALRashoudi.

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Diane Alter – AHN News Reporter

Washington, D.C., United States (AHN) – The struggling U.S. Postal Service posted a $3.3 billion loss on Thursday and projected it would run out of cash in October as its fiscal woes continued to widen.

The $3.3 billion loss in the last quarter of 2011 included a $3.1 billion charge for mandated health care prefunding payments.

An overhaul that would cut $20 billion in annual costs by 2015 was proposed by Postmaster General Patrick Donahoe, but the move would require congressional approval to implement the majority of the proposed changes.

The post office will most certainly hit its $15 billion debt ceiling in 2012, and may no longer be able to borrow from the Treasury, the agency’s chief financial officer, Joe Corbett, noted.

If the Postal Service hits its borrowing limit and does not find other sources of revenue or cost savings, it could be forced to delay payments to vendors and workers.

The Postal Service, a government agency, cannot write off it debts by filing bankruptcy. Ultimately U.S. taxpayers are on the hook for the agency’s losses.

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Diane Alter – AHN News Reporter

Niwot, CO, United States (AHN) – Crocs, the maker of the popular clunky, multicolored, bright, foam clogs, is expanding its brand to include accessories, eyewear and apparel.

The Niwot, Colorado, based company is launching a line of Crocs-branded accessories, which include hats, bags, backpacks, socks and gloves.

Paramount, a sports licensee, is selling collegiate and Major League Baseball licensed footwear for the iconic Crocs brand.

The Crocs brand will branch out into children’s apparel, set to launch in April, through an agreement with A Group.

And, Eye King LLC will start selling branded sunglasses and sunglass accessories starting in May.

That’s not all. Through a partnership with ICER Brand, Croc’s professional footwear division will introduce Crocs-branded scrubs.

Several months ago, Crocs debuted a line of golf shoes that have proved popular.

The company, created by three friend, as a shoe company with the launch of “spa shoe,” has grown into a hugely successful billion dollar company.

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Facebook looks for “likes” in China

Diane Alter – AHN News Reporter

Palo Alto, CA, United States (AHN) – Facebook has its sights on China as its looks for growth.

The social network behemoth, whose membership is fast approaching a billion, is looking for “likes” in what it hopes is its next big frontier–the Asian nation of China.

In the company’s initial public offering filing last week, Facebook said, “China is a large potential market for Facebook.”

China, with its booming population of 1.3 billion, offers the growth potential Facebook needs to boost its advertising sales worldwide and justify its high valuation of between $75 and $100 billion.

Facebook aims to raise $5 billion in an IPO sometime this spring or summer. The company added in its filing, “There are more than two billion global Internet users and we aim to collect all of them.”

But tapping into the tough, stringent and highly regulated Chinese market is not easy feat. No just because China’s RenRen social network, and Sina, parent of Chinese micro blogging service Weibo, are the dominant players in the country. But also because access to Facebook is blocked in China, and there is no indication that is to change anytime soon.

Facebook also acknowledged concerns about its ability to comply with censorship laws in China.

Doing business in China would also require additional staffing, and employees familiar with not only with China’s laws and regulations, but also the country myriad customs, superstitions and ideologies.

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Windsor Genova – AHN News News Writer

Washington, D.C., United States (AHN) – President Barack Obama has issued an executive order freezing all assets of the Iranian government and financial institutions being held in the U.S.

In the order, which takes effect Monday, Obama declared that all property and interests in property of the Government of Iran, including the Central Bank of Iran, that are in the United States are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in. Iranian property that comes to the U.S. or taken possession by any U.S. person were also ordered frozen.

Obama directed the Secretary of the Treasury, Secretary of State and other U.S. government agencies to implement the order.

The President cited attempts by Iran’s central bank and other banks’ to conceal transactions of sanctioned parties and the weakness of the Islamic country’s anti-money laundering regulations as reason for issuing the order.

But the main aim of the latest sanction is to cripple Iran’s nuclear program that Washington believes is intended to make weapons of mass destruction. Tehran has repeatedly denied that it is building a nuclear bomb saying the nuclear program is for peaceful purposes.

The United Nations and the European Union had also imposed arms and economic embargo against Iran in an attempt to force Tehran to stop enriching uranium.

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Roseanne Barr running for president

Diane Alter – AHN News Reporter

Washington, D.C., United States (AHN) – Roseanne Barr has filed the official paperwork necessary to run for the Green Party nomination for president of the United States.

Barr filed her paperwork with the Federal Election Commission on Jan. 25. Her filing creates a four-way race for the Green nomination, which is to be decided at the Green Party Nomination Convention in July.

The comedian tweeted Thursday, “I am running for Green Party nominee for POTUS. I am an official candidate. I am4 the Greening of America & the world. Green=peace/justice.”

‘I will run until the convention in July in Baltimore, I fully expect Jill Stein 2b the nominee & I will support her, but till then-I’ll serve,” Barr continued in several tweets that followed her announcement.

Barr’s platform, as detailed in a tweet, is a promise to institute “#Europeanstyle” single payer healthcare within the first 100 days of her term, and to forgive all credit card and mortgage debt “by kicking out the FED-those who all this fake debt is owed.”

In May 2010, in a campaign announcement, Barr outlined a more detailed platform. “First, to make war illegal and legalize hemp and marijuana. Second, change the demographics of government to include more women. Third, outlaw–how do we say this politely–outlaw bull. Yes, that’s it. Outlaw bull.”

On the Green Party website, Barr expressed her support for the Occupy Wall Street Movement and said, “Both the Democratic and Republican parties are bought and paid for by corporate America and cater to the needs of the highest bidder as opposed to the people the claim to represent. I cannot be bought.”

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