Let’s Get Down to Business!

Overview

 

Everywhere you step, there are shops and stores for your every convenience. Whether large or small, businesses are the driving force of our economy and finance. Without them, America would not be an influence to smaller countries, as well asa n international world power. With recent events, such as the government shutdown, many wonder how many businesses are coping with this dramatic turn of events. This front page, explores the stability of a few companies and how they affect people- globally, nationally, and locally.

 

 

Summary

 

Amid Protests by Students and Others, CUNY Trustees Vote to Raise Tuition

In a recent few years, the CUNY board has decided to raise the tuition for students going to four yea colleges in the system. It has stated that this hike will last till 2015 and it was mandatory to compensate for the loses in the education system. Despite this, many students, professors, and supporters were still upset and protested outside the school. However with state legislators approving this increase, the raise in tuition has been in affect. Hopefully, this money is going into good use for “ the protection of our faculty and staff from the kinds of layoffs that other public higher education systems have experienced in recent years” as they say.

 

 If You Like a Star Athlete, Now You Can Buy a Share

This article describes an appealing situation in which fans would have the ability to buy shares on favorable athletes and rising stars. The way this works is that the company Fantex Holdings, would pay an athlete a down payment worth several million dollars and allow fans to buy shares on this athletes future earnings. The company would then get a percentage of the athlete’s future earnings and therefore pay dividends to the shareholders. The first athlete to sign one of these deals with Fantex is Pro Bowl running back Arian Foster. He has received a 10$ million down payment from Fantex, who will receive 20% of his future earnings. Although this concept is very risky, fans believe it to be a good idea.

 

Chinese Company Buys Chase Manhattan Plaza

China continues to take progressive strides in United States business arena. This article reveals another strategic maneuver made by a Chinese corporation to become prevalent in the U.S. business environment. Fosun, a Chinese owned corporation, bought a 2.2 million square foot building on one chase Manhattan plaza from former owner JP Morgan Chase. Fosun plans to let the building remain an office building, but plans to expand the retail area at the base of the building. This is just another reminder of the continually growing Chinese market, and their increasing influence in the business arena.

 

How to Pay Millions and Lag Behind the Market

Although they are riskier and lack the traditional appeal of stocks and bonds, due to the nature of today’s investment environment more and more investors have shifted to hedge funds and private equity. These ‘alternate investments’ may possess an increased risk but are said to generate higher returns.

 

Profit Rises for eBay, but Outlook Disappoints

This article describes the eBay company’s low expectations of itself, even though they had over 15% increase in the third quarter. They have a disappointing outlook on their future 4th quarter results. However, financial analysts suggest a higher increase.

 

Google Stock Tops $1,000, Highlighting a Tech Divide

Google’s third quarter results show more than a successful corporation topping $1000 per share, it shows us where America is headed in the future. Technology is growing, and it is evident simply by looking at the results of companies like Google and amazon, who have both increased their stocks by over 800% since their initial offering.

 

Tentative Deal Hands JPMorgan Chase a Record Penalty

JPMorgan Chase will finally be paying its dues of its questionable mortgage practices which lead up to the financial crisis of this past decade. The Justice Department and the bank have reached a tentative $13 billion settlement, a record penalty which would mark the end of a weeklong negotiation and along with this fine, shareholders have also come to see an issue in its management. The first matter on this agenda: allowing chairman and chief executive, Jamie Dimon to keep his dual titles.

 

 

 

 

 

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Amid Protests by Students and Others, CUNY Trustees Vote to Raise Tuition

Amid Protests by Students and Others, CUNY Trustees Vote to Raise Tuition

 

Michael Appleton for The New York Times

Hundreds of CUNY students and sympathizers protested while the board of trustees met at Ba-ruch College on Monday, matching the volume, but not the violence, of a similar clash last week.

By RICHARD PÉREZ-PEÑA

Published: November 28, 2011

With a raucous protest outside summoning all of the volume, but not the violence, of a similar clash last week, City University trustees approved on Monday a series of $300 annual tuition increases that will extend through 2015.

The first of those increases, to $5,130, already took effect this year. The board’s 15-to-1 vote will raise tuition for undergraduates at CUNY’s four-year colleges to $6,330 in 2015-16, with about $500 a year in additional fees. The State University system’s trustees recently approved a set of parallel increases.

Hundreds of students at Baruch College in Manhattan took to the street outside the building where the board met, chanting “Abolish the board of trustees” and “CUNY must be free,” banging drums and waving signs, and protesting that students could not afford an increase that will reach 31 percent over five years.

They were joined by a large contingent of professors and scattered supporters from labor unions and other groups.

Anticipating the protest, Baruch had canceled Monday classes in the building after 3 p.m., and prohibited routine foot traffic in and out.

Last week, the board’s hearing on the proposed tuition increases drew a similar response. Protesters scuffled with university security forces and New York police officers, and 15 were arrested. The Police Department said that three people were arrested in the demonstration on Monday.

Inside, on the 14th floor of Baruch’s William and Anita Newman Vertical Campus Building, the trustees and the CUNY chancellor, Matthew Goldstein, said they had little choice but to raise tuition, to compensate for sharply lowered support from the state in recent years.

Dr. Goldstein said the increase was intended, in part, for “the protection of our faculty and staff from the kinds of layoffs that other public higher education systems have experienced in recent years,” which he said would be unavoidable otherwise. He also said he would ask an outside expert, as yet unidentified, to review the handling of the demonstration last week.

Protesters insisted either that CUNY has the money in its budget to avoid raising tuition, or that it had not pushed back hard enough against lawmakers in Albany who reduced state support. Many cast their arguments in terms of race or class, arguing that the trustees were out of touch with the student body, which is heavily made up of low-income and minority students.

“The board of trustees are mostly successful business people, and they’re basically trying to run a public institution as a business, which it is not,” said Jamie Yancovitz, 23, a student at CUNY’s Graduate Center in Manhattan. “They don’t get what it’s like for us.”

Barbara Bowen, president of the university’s Professional Staff Congress, called the increases “a failed budget strategy,” adding that “a long-term plan for state and city investment would make much more sense.”

About 100 people were allowed into the board meeting, and at least one was escorted out after disrupting the session.

CUNY will remain far less expensive than most public university systems around the country, which average $8,240 in tuition and fees in 2011, according to the College Board. The contrast with other schools in the Northeast is especially stark; tuition and fees run to $12,612 per year at the University of Massachusetts at Amherst, $8,874 at the University of Connecticut, and $12,755 at Rutgers.

In addition, university officials said that by using both state and federal aid, 44 percent of CUNY undergraduates paid no tuition at all. The trustees approved $5 million in new aid to offset the tuition increase for the poorest students.

CUNY did not charge tuition until the 1970s. Since the mid-1990s, it has raised its prices much less quickly than the typical university, public or private.

Tuition at both CUNY and SUNY must be approved by the State Legislature, and until recently, lawmakers were loath to approve increases. As a result, both systems sometimes went years without raising tuition, followed by sudden increases of up to 30 percent.

Last summer, the Legislature and Gov. Andrew M. Cuomo enacted a law that allows the public universities to raise tuition by $300 a year for five years.

Alice Speri contributed reporting.

This article has been revised to reflect the following correction:

Correction: December 1, 2011

An article on Tuesday about a vote by City University trustees to approve a tuition increase misstated the tuition and fees at the University of Massachusetts at Amherst in giving examples of tuition at other colleges. It charges $12,612 per year — not $6,306, which is the cost per semester.

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Chinese Company Buys Chase Manhattan Plaza

Chinese Company Buys Chase Manhattan Plaza

By CHARLES V BAGLI
Published: October 18, 2013

One Chase Manhattan Plaza, the 60-story office tower that has been home to one of New York City’s most important banks for half a century, has a new owner: Fosun International of China.

Fosun, which is owned by Guo Guangchang, a billionaire, outmaneuvered half a dozen bidders for the 2.2 million-square-foot building, with an offer of $725 million.

The company signed a purchase contract on Thursday and put down a 10 percent, nonrefundable deposit on the deal.

Although other bidders for the property envisioned converting the tower to condominiums and a hotel, real estate executives say that Fosun wants 1 Chase Manhattan Plaza to remain an office building. The company may be bringing in several Chinese companies as tenants and plans to expand and enhance the retail space at the base of the building, the executives said.

Darcy A. Stacom, a broker for CBRE, which marketed the building for the owner,JPMorgan Chase, said the deal was “great for downtown,” and illustrated that many of the improvements made downtown since the 2001 terrorist attack were paying off.

Chase issued a statement on Friday saying it was pleased with the deal. “We’ll continue to maintain a strong presence downtown and throughout New York City, where we’ll remain for years to come.”

The bank plans to move about 4,000 employees to other locations but to keep its large branch office at the base of the tower, as well as some office space above, according to bank officials. Within a year, about 70 percent of the building will be vacant.

Developers like Tishman Speyer, Related Companies and Hines have been active builders in China for years. Now, Chinese companies are actively buying real estate in the United States.

SOHO China, a developer, and a Brazilian billionaire recently partnered to buy a 40 percent stake in the General Motors Building in Midtown Manhattan, while the Greenland Holding Group, a state-owned developer based in Shanghai, agreed to buy a 70 percent stake in the Atlantic Yards project in Brooklyn.

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If You Like a Star Athlete, Now You Can Buy a Share

VENTURE CAPITAL OCTOBER 17, 2013, 8:31 AM 87 Comments

If You Like a Star Athlete, Now You Can Buy a Share

BY PETER LATTMAN AND STEVE EDER
Arian Foster of the N.F.L.’s Houston Texans. Investors can buy a share of his future earnings.Matthew Emmons/ReutersArian Foster of the N.F.L.’s Houston Texans. Investors can buy a share of his future earnings.

Updated, 8:48 p.m. | First, there was old-fashioned gambling on football. Then came the fantasy leagues. And now, thanks to Wall Street, fans can buy a stake in their favorite player.

On Thursday, a start-up company announced a new trading exchange for investors to buy and sell interests in professional athletes. Backed by executives from Silicon Valley, Wall Street and the sports world, the company plans to create stocks tied to an athlete’s financial performance.

After considering a number of possibilities for its inaugural initial public offering, the company found a charismatic candidate in Arian Foster, the Pro Bowl running back of the Houston Texans. Investors in the deal will receive stock linked to Mr. Foster’s future earnings, which includes the value of his playing contracts, corporate endorsements and appearance fees.

The company, Fantex Holdings, has grand ambitions beyond a Foster I.P.O. — it hopes to sign up more football players and other athletes, as well as celebrities like pop singers and Hollywood actors.

But if such an investment sounds speculative, that is because it is. In a filing for the Foster deal with securities regulators, Fantex laid out 37 pages of risk factors, including a possible career-ending injury or a performance slump.

“You are potentially one hit away from losing your money,” said Bradley Shear, a sports management professor at George Washington University. “On any given Sunday, anything can happen to any player.”

Risks aside, the offering is intended to capitalize on the mammoth popularity of theNational Football League and fantasy football, where fans draft players and score points for touchdowns, yardage and other notable plays during the season.

If thousands of fans are willing to pay as much as $250 for an Arian Foster jersey, the thinking goes, why wouldn’t they pay up for a few shares of Arian Foster stock?

Brian McCarthy, a spokesman for the N.F.L., declined to comment on the deal.

A market of star athletes calls to mind other unusual investments tied to entertainers. In the late 1990s, a financier created Bowie Bonds, a small bond issue that paid interest from the current and future revenue of 25 albums by the rock musician David Bowie. The brokerage firm Cantor Fitzgerald runs the Hollywood Stock Exchange, a marketplace for bets on the fortunes of movies and their stars, but participants use only play money.

Fantex wants its venture to be anything but make-believe. Investors can now register with the company and place orders for the I.P.O. The company will market the I.P.O. in the coming weeks, offering 1.06 million shares at $10 a share, or $10.6 million worth of stock. If demand is insufficient, the company may cancel the deal.

As for Mr. Foster, he will receive a $10 million payment from Fantex upon consummation of the offering. (The balance of the I.P.O. covers the deal’s costs.) In exchange for the payment, Mr. Foster has promised to pay Fantex 20 percent of his future earnings.

The company is effectively financing the $10 million payment to Mr. Foster by raising money from retail investors in an I.P.O. In its filings, Fantex says it believes that the stock is intended to track the economic performance of Mr. Foster’s future brand income.

Still, shareholders will not have a direct investment in Mr. Foster or any control over his brand. The company did say it expected to pay a dividend to holders of the Foster stock.

Shares will trade exclusively on an exchange operated by Fantex. The tracking stock will increase in value if Mr. Foster raises his earnings potential with standout play or increased sponsorships.

Then, the investor can try to sell his shares at a higher price. Fantex will make a 1 percent commission from both the buyer and seller on the trades.

Buck French, the company’s co-founder and chief executive, demurred when asked to predict how the stock might behave in a secondary market.

“We don’t know how it will trade,” he said.

A graduate of West Point and Harvard Business School, Mr. French made a fortune during the dot-com boom when, in 2000, he sold OnLink, a software company he founded, to Siebel Systems for about $600 million. One of his Fantex co-founders, David M. Beirne, was a general partner at Benchmark Capital, the venture capital firm that was one of eBay’s earliest investors.

Mr. French said Mr. Beirne conceived of the Fantex concept more than a decade ago when working on a sports-related venture with John Elway, the former Denver Broncos quarterback.

“Fantex represents a powerful new opportunity for professional athletes, and I wish it were available during my playing days,” Mr. Elway, a member of Fantex’s board, said in a statement.

Wall Street executives have also joined the company. Fantex’s president is John Rodin, co-president of the hedge fund Glenview Capital Management and aGoldman Sachs alumnus. Its chief technology officer is Joshua S. Levine, a former senior executive at E*Trade and Deutsche Bank.

A big question is whether other athletes are on the sidelines awaiting a Fantex I.P.O. Mr. French declined to discuss future deals.

On one hand, athletes and their agents could view Fantex as a compelling proposition, providing athletes with a large upfront payment for giving up a certain percentage of their future earnings. Such a payment could act as a hedge against an unexpected downturn in a player’s career.

But advisers could counsel against trading a piece of their future earnings for a big lump sum, as some athletes are notorious for squandering money.

Other considerations are the specter of insider trading violations, and complying with the federal securities laws. Mr. Foster, his friends and his financial team will have to be especially circumspect when discussing issues that might affect his earnings.

A fifth-year veteran from the University of Tennessee, Mr. Foster, 27, has led all running backs in rushing touchdowns two of the last three seasons, while racking up well over 1,000 yards each year. In March 2012, Houston signed Mr. Foster to a contract worth up to $43.5 million over five years. He has a handful of endorsement contracts, including with Under Armour and Kroger Texas.

Half Mexican-American, half black, Mr. Foster is a crowd favorite and media darling who trumpets his passions for poetry and yoga. When he scores, he clasps his hands together and strikes a namaste pose.

“We see Arian as a unique, multidimensional individual, a trailblazer,” said Mr. French, who added that Fantex cold-called Mr. Foster’s agent to pitch the idea.

Yet during the first six weeks of this season, Mr. Foster’s production has flagged. He has just one rushing touchdown. Heading into the year, there was concern over various injuries. Off the field, Foster admitted in a documentary released in September that he potentially violated N.C.A.A. rules by accepting money when he was a college player.

Those issues underscore the risk of betting on Mr. Foster’s brand, or that of any professional athletes, especially N.F.L. players. Unlike some other sports, N.F.L. contracts often are not fully guaranteed, meaning players are often cut and forced to find a new team, sometimes for a lesser contract.

For investors, the long-term outlook for a player will be difficult to handicap. If a player’s fortunes suffer and the tracking stock declines, there will be no rescue financing from a private equity firm — or an investor like Warren E. Buffett — to stabilize the share price.

And unlike a stockholder of a public company, investors have no corporate governance rights.

There are no plans to hold annual meetings with the athlete, or quarterly conference calls.

Despite all the risks, some football fans appear poised to buy in. As one tweeted on Thursday after reading the news: “Wow. This is awesome.”

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How to Pay Millions and Lag Behind the Market

How to Pay Millions and Lag Behind the Market

By 
Published: October 19, 2013

Today’s low-interest-rate environment has made the hunt for investment income tougher than ever. Many overseers of public pension funds, desperate to bolster returns and meet ballooning retiree obligations, have turned from traditional investments like stocks and bonds to hedge funds and private equity.

These so-called alternative investments now account for almost one-quarter of the roughly $2.6 trillion in public pension assets under management nationwide, up from 10 percent in 2006, according toCliffwater, an adviser to institutional investors. Investments in public companies’ shares, by contrast, fell to 49 percent from 61 percent in the period.

Fans of alternative investments argue that they can generate higher returns. But the increased risks, higher fees and lack of transparency associated with such investments make them problematic. A 2007 paper by Fiona Stewart at the Organization for Economic Cooperation and Development in Paris said that “lack of transparency makes the level of risk and type of exposure hard to gauge” in hedge funds.

Last week, an investigation of the Rhode Island pension system’s recent foray into alternative investments raised fresh questions about the high costs and considerable risks of investing in hedge funds and whether their returns are indeed worth it.

The investigation, by Benchmark Financial Services, a forensic firm hired by a Rhode Island council of the American Federation of State, County and Municipal Employees,concluded that the $7.7 billion Employees’ Retirement System of Rhode Island was at risk because of its increased concentration in high-cost and opaque alternative investments. The union represents workers whose pensions are invested by the state.

In less than two years, the Rhode Island pension system has ramped up its investments in hedge funds, private equity and venture capital from zero to almost $2 billion, or more than one-quarter of its assets under management. But this mix of investments hasn’t outperformed the fund’s peers, the Benchmark report said. For the year ended June 30, 2013, the fund returned 11.07 percent, versus 12.43 percent earned by the median public pension fund.

Generating returns on the Rhode Island pension is a task of Gina M. Raimondo, the state’s general treasurer, who is also chairwoman of its retirement board. A Democrat, she was elected in 2010; previously, she was a partner at Point Judith Capital, a smallish venture capital firm.

As treasurer, Ms. Raimondo has won national praise for her efforts to reform the state’s public pension system.

She published a report on the state’s pension problems in 2011. At the time, the employees’ pension fund was only 57.4 percent funded and had increasing obligations. The legislature passed a law increasing the retirement age for many workers and tying cost-of-living adjustments to actual investment returns. Unions are challenging that law in the courts.

But even as many retirees in the Ocean State have experienced benefit cuts, the Benchmark Financial report contends that hedge fund managers are earning rich fees that could otherwise be used to shore up the state’s pension. A recent report in The Providence Journal said investment expenses at the pension were $70 million for the year that ended June 30. Earlier estimates had investment expenses amounting to around $11.5 million for the period, the Benchmark report said.

It is well known that hedge funds charge much higher fees than other money managers. The alternative investments in the Rhode Island pension charge management fees of as much as 2.5 percent and performance fees of up to 20 percent of profits. Transaction costs are additional.

Unfortunately, the hedge funds held by the state have underperformed the overall stock market so far this year. As of Aug. 31, the most recent data available, the Rhode Island State Investment Commission said its 10 hedge funds investing in stocks returned an average of 8.73 percent, while nine so-called real-return hedge funds generated 3.61 percent. Neither matched the 16.15 percent gains in the Standard & Poor’s 500-stock index during the period.

Asked about the problems highlighted in the Benchmark report, Ms. Raimondo, through a spokeswoman, declined to be interviewed. But in a news release, Ms. Raimondo’s officesaid the report was motivated by her political enemies.

Edward A. H. Siedle, the president of Benchmark Financial Services in Ocean Ridge, Fla., conducted the investigation into the Rhode Island pension’s investments. A former lawyer at the Securities and Exchange Commission, Mr. Siedle said he found it troubling that state officials won’t require the hedge fund managers they have hired to disclose how they are investing the pension’s money. He also noted conflicts of interest common at hedge funds that may put the Rhode Island pension at a disadvantage to insiders or favored investors.

A review of documents from three of the hedge funds managing money for the Rhode Island pension fund show that some investors are more equal than others. Special treatment includes fee discounts, more frequent redemption rights than those given to other investors and the ability to receive reports including information about the fund’s portfolio that is not provided to other shareholders.

“The hedge fund documents all say that ‘We’re not going to disclose what we are doing with your money,’ ” Mr. Siedle said. “However, they say that certain strategic investors will be told what’s being done with your money and that those strategic investors may use that information to profit at your expense.”

The documents don’t specify who might receive these benefits. Instead, they note that the benefits may be based on the size of an investor’s holdings in the fund or that they may be granted to an investor who agrees to hold an investment for a significant time.

Mr. Siedle questions why any state pension plan would agree to invest under such unequal terms. “The hedge fund industry has maintained that they should be allowed to manage public pension money in secret,” he said. “But now we have evidence that insidious business practices are involved. The performance is bad enough, but when you add in these other features, these investments are inherently unsuitable for public pensions.”

Joy Fox, the Rhode Island treasurer’s spokeswoman, said in a statement: “Strong returns from our investments, including alternative investments, help move the pension fund closer to the 80 percent funded level, where the cost-of-living adjustments come back. We constantly monitor our investment strategy, and make changes when necessary.”

It is clear that public pensions, like many investors, are being hurt by the Federal Reserve’s zero-interest-rate policy. But investors who reach for yield do so at their peril. And when the investments that retirees in any state are relying on involve high costs, opacity and conflicts, that can only increase the hazards.

(http://www.nytimes.com/2013/10/20/business/how-to-pay-millions-and-lag-behind-the-market.html?ref=business&_r=1&)

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Profit Rises for eBay, but Outlook Disappoints

Profit Rises for eBay, but Outlook Disappoints

By REUTERS

EBay gave a disappointing forecast for its fourth-quarter results on Wednesday, attributing it to a weaker economic environment in the United States, even though the company reported higher earnings and revenue in the third quarter as consumers made greater use of its PayPal online payment service.

“U.S. e-commerce softened considerably and we have a cautious outlook for the holiday season,” the company’s chief financial officer, Bob Swan, told investors in a conference call.

ShopperTrak, a retail research firm, has forecast the slowest holiday sales growth since 2009, and last week’s data on September retail sales showed American shoppers were cautious. Many retailers had a disappointing second quarter.

EBay expects revenue of $4.5 billion to $4.6 billion for the current quarter, ending Dec. 31, compared with the $4.64 billion forecast by analysts surveyed by Thomson Reuters.

“You could certainly point to consumer confidence that took a beating,” said Colin Gillis, a technology analyst at BGC Partners.

Consumer confidence slid last month to its lowest point since May, the Conference Board reported.

EBay said its net income for the third quarter rose 15.4 percent, to $689 million, or 53 cents a share, from $597 million, or 45 cents a share, a year earlier. Excluding the benefit of its sales of stakes in two e-commerce companies, RueLaLa and ShopRunner, eBay earned 64 cents, a penny better than analysts had expected.

For the holiday quarter, eBay expects a profit of 79 cents to 81 cents a share, while Wall Street analysts had been forecasting 83 cents.

In the third quarter, eBay said its revenue rose 14.3 percent, to $3.89 billion.

PayPal reported that total payments volume rose 24.7 percent, to $43.8 billion.

EBay said that gross merchandise volume, or the dollar value of merchandise sold on its marketplaces, rose 12.7 percent, to $18.4 billion, in the United States, excluding auto sales.

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Google Stock Tops $1,000, Highlighting a Tech Divide

 

google stocks

Google Stock Tops $1,000, Highlighting a Tech Divide

By 

SAN FRANCISCO — Google has done something few companies ever do in the stock market: it has joined the $1,000 club.

On Friday, Google’s share price jumped above that price for the first time, another milestone in its remarkable ascent from $85 in its public offering in 2004.

On one level, $1,000 is just a number. But on another, it is a reminder of the new order that has taken hold in the technology world in just a few short years — and how far apart the winners are from the losers.

Google closed up 14 percent on Friday, at $1,011.41, after a better-than-expected earnings release late Thursday. The jump brought its gain since its initial offering to roughly 1,100 percent. During the same period, the shares of Amazon.com rose 830 percent. Samsung, which makes smartphones as well as the chips that go into many other manufacturers’ devices, rose 760 percent. And Apple leapt a staggering 3,300 percent.

By comparison, the overall Nasdaq composite rose 120 percent, while Microsoft — 10 years ago the most feared giant in technology — gained just 28 percent.

“Companies away from Google and Apple and a few others increasingly have trouble communicating a value proposition” to shareholders, said Martin Reynolds, an analyst with Gartner. “Only a few big companies are starting to matter.”

These new leaders have focused on Web-based businesses. While the big money in technology used to be in selling to businesses, today’s leaders are oriented toward consumers.

Friday’s gain made Google, already one of the world’s most valuable companies, one of the few in which buying a single share costs more than $1,000. Others include Priceline.com, the online-travel company, and Seaboard, which processes turkeys and hogs.

In some ways, Google’s investors are betting that quantity can beat quality. Google’s challenge has been lower prices for the ads it puts on its own and others’ Web pages. Much of the traditional market for these ads has been saturated, and Google has been trying to put more ads on mobile devices like smartphones and tablets. Mobile ads tend to make less money because people click on them less often.

But Google executives have emphasized the enormous number of mobile devices on which it now places ads, and indicated that the sheer number of mobile outlets was set to keep growing.

Much of the growth in mobile was initially in the developed world, where ad prices are generally higher. As the use of smartphones and tablets spreads into developing economies, the revenue per user is likely to drop, affecting overall profits unless Google can grow even faster in these markets. For the third consecutive quarter, 55 percent of Google’s revenue came from overseas sources.

Google also appeared to be moving more money through overseas accounts and holding more money overseas, a strategy Apple and others have used to avoid corporate taxes in the United States.

Both Republicans and Democrats in Washington have criticized Apple for its offshore tax strategies. So far, however, the trend among companies seems to be increasing.

“The U.S. corporate tax rate is supposed to be 35 percent, and Google was paying an effective rate of about 15 percent,” said Colin Gillis, an analyst with BGC Financial. “It wasn’t like there was a massive reacceleration of Google’s business here.”

Google finished the quarter with $56 billion in cash, held in the United States and overseas. Even the companies trying to compete with Google are starting to draw off their overseas cash, buying foreign companies. These deals include Microsoft’s purchase of the phone assets of Finland’s Nokia for $7.2 billion, and Cisco’s purchase of NDS, a video services company based in Britain, for $5 billion in 2012.

Even eBay’s recent Bill Me Later feature is backstopped with its overseas cash, Mr. Gillis said. “If I was starting a tech company, I’d put it in Luxembourg so I could get bought with a U.S. company’s offshore cash,” he said.

Google’s United States business grew just under 13 percent over the quarter, a low number that analysts ascribe to a maturing business. Google is trying to increase the profitability of its ads by making them more personal, doing things like looking at where people are or what their previous habits have been.

On Friday, Google announced a new partnership with a rival, Facebook, in which it will begin selling ads that can appear on the desktop version of Facebook’s service. It also announced changes to location-based searches in international markets. While this yields more profitable ads for Google, since people are generally more likely to click on things targeted at them, it also can run afoul of privacy advocates and regulators.

Over all, Google’s quarterly numbers showed that its audience was spending more time on mobile devices. The traditional business of people clicking ads on desktop and laptop computers was flat last quarter, according to Search Agency, a digital marketing firm. Clicks on phones more than doubled, the research company said, while tablet clicks were up 63 percent.

Another bright spot in Google’s earnings, though a relatively small one, was Google’s “other” category, believed to consist mostly of sales to businesses of Google Apps, Google’s alternative to Microsoft’s office communications and productivity software. This revenue was $1.23 billion, an increase of 85 percent from the third quarter of 2012.

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Tentative Deal Hands JPMorgan Chase a Record Penalty

Tentative Deal Hands JPMorgan Chase a Record Penalty

BY BEN PROTESS AND JESSICA SILVER-GREENBERG
A Chase branch in Manhattan. The multibillion dollar deal would represent something of a reckoning for Wall Street, whose outsize risk-taking in the mortgage business nearly toppled the economy in 2008.
Leslye Davis/The New York TimesA Chase branch in Manhattan. The multibillion dollar deal would represent something of a reckoning for Wall Street, whose outsize risk-taking in the mortgage business nearly toppled the economy in 2008.

Updated, 8:06 p.m. |

JPMorgan Chase and the Justice Department have reached a tentative $13 billion settlement over the bank’s questionable mortgage practices leading up to the financial crisis, people briefed on the talks said on Saturday. It would be a record penalty that would cap weeks of heated negotiating and underscore the extent of the bank’s legal woes.

The deal, which the Justice Department took the lead in negotiating and which came together after a Friday night call involving Attorney General Eric H. Holder Jr. and JPMorgan’s chief executive, Jamie Dimon, would resolve an array of state and federal investigations into the bank’s sale of troubled mortgage investments. That type of investment, securities typically backed by subprime home loans, was at the heart of the financial crisis.

While the deal would put those civil cases to rest, it would not save JPMorgan from a parallel criminal inquiry from federal prosecutors in California, the people briefed on the talks said. Under the terms of the preliminary deal, the people said, the bank would also have to assist prosecutors with an investigation into former employees who helped create the mortgage investments.

The $13 billion deal, which could still fall apart over issues like how much wrongdoing the bank is willing to acknowledge, would represent something of a reckoning for Wall Street, whose outsize risk taking in the mortgage business nearly toppled the economy in 2008. It might also provide a measure of catharsis to the investing public, which suffered billions of dollars in losses from buying bad mortgage securities.

For the Justice Department, often criticized for being soft on big banks, the deal suggests that the Obama administration’s crackdown on Wall Street has gained some momentum in recent months.

It comes less than three months after federal prosecutors and the F.B.I. in Manhattan announced a criminal indictment of the hedge fund SAC Capital, which was accused of permitting a “systematic” insider-trading scheme to unfold from 1999 to 2010. The hedge fund, according to people briefed on the case, is currently negotiating a plea deal that would force it to plead guilty to criminal misconduct and pay more than $1 billion in penalties.

The cost to JPMorgan, the nation’s biggest bank, goes beyond the bottom line. The settlement would deal a reputational blow to the bank and Mr. Dimon, who steered JPMorgan through the crisis without a quarterly loss or major government scuffle. Now Mr. Dimon’s tenure is engulfed in turmoil, the consequence of fighting a multifront battle with federal authorities scrutinizing everything from a $6 billion trading loss in London last year to the bank’s hiring of well-connected employees in China.

In the mortgage case, the size of the penalty underpins its importance. The $13 billion penalty, according to one of the people briefed on the talks, would include about $9 billion in fines and $4 billion in relief for struggling homeowners.

Some defense lawyers question whether the government is going too far in demanding that sum. A $13 billion penalty would be more than half what JPMorgan earned in profits last year. The lawyers also note that some of the mortgage securities in question are not JPMorgan’s. Rather, the bank inherited the liabilities when it bought Bear Stearns and Washington Mutual in 2008, at the height of the financial crisis.

Jamie Dimon, JPMorgan’s chief and chairman, said the bank’s legal costs would be unpredictable in the coming quarters.  Jason Reed/ReutersJamie Dimon, JPMorgan’s chief and chairman, said the bank’s legal costs would be unpredictable in the coming quarters.

A spokesman for JPMorgan declined to comment. Brian Fallon, a Justice Department spokesman, also declined to comment.

The penalty, if approved, would surpass other major Wall Street settlements and represent the largest fine that a single company has ever paid in settling with the Justice Department. HSBC, for example, agreed to a $1.9 billion penalty last year over money laundering accusations. BP paid $4.5 billion for its role in the huge oil spill in the Gulf of Mexico.

The JPMorgan penalty also eclipses what the bank previously offered to pay. Until now, the bank was offering about $11 billion in total. And it refused to increase its offer unless the California authorities dropped the criminal investigation into the bank’s sale of troubled mortgage securities to investors.

But the bank, one of the people briefed on the talks said, tentatively backed down from that demand, a major victory for the government and one that allows the Justice Department to pursue its criminal investigation of JPMorgan.

The preliminary deal materialized late on Friday after Mr. Holder spoke on the phone to the bank’s top executives, including Mr. Dimon, and the general counsel, Stephen M. Cutler, one person said. Mr. Holder told Mr. Dimon that he could not shut down the criminal investigation, reiterating an argument he made when the two met last month in Washington. The associate attorney general, Tony West, was also at that meeting and on the phone call Friday night.

One significant obstacle stands in the way of a deal: whether JPMorgan will admit to all of the improper actions cited by the Justice Department. Banks are typically loath to acknowledge wrongdoing, fearing it could expose them to a raft of shareholder lawsuits.

Mr. West and Mr. Cutler are negotiating over a statement of facts in the case that would address the wrongdoing issue, the people briefed on the talks said. Those negotiations could hit a snag if JPMorgan seeks to limit the conduct that the Justice Department wants to include.

An eye-popping fine is a political no-brainer for the Justice Department, a move that could somewhat appease a public that is skeptical of Wall Street’s influence in Washington.

But some public interest groups continue to question why no top Wall Street executives have been charged criminally for the risky acts that triggered the crisis. The government also prefers to settle with big companies rather indict them, fearing that criminal charges could unnerve the broader economy.

The government investigations into JPMorgan, which focus on securities the bank sold from 2005 to 2007, raised questions about whether JPMorgan had failed to fully warn investors about the risks of the deals.

One of the largest pieces of the $13 billion deal could come from a settlement with the Federal Housing Finance Agency. The agency sued JPMorgan over loans it had sold to Fannie Mae and Freddie Mac, the government-controlled mortgage finance companies.

The settlement would also resolve a case related to Bear Stearns, the people briefed on the matter said, a lawsuit that has pitted the New York attorney general against JPMorgan.

Eric T. Schneiderman, the New York attorney general, sued JPMorgan last October, saying Bear Stearns and its lending unit, EMC Mortgage, had duped investors who bought mortgage securities assembled by the companies from 2005 through 2007. Through a deal backstopped by the government, JPMorgan bought Bear Stearns in 2008.

Mr. Dimon has called the lawsuit unfair, arguing that JPMorgan should not be penalized for buying Bear Stearns.

Yet JPMorgan’s board, faced with regulatory problems, one more vexing than the next, is eager to strike a conciliatory stance. Toward that end, the bank’s board approved the payment of about $1 billion in fines to government authorities so it could resolve investigations into the trading loss in London and an inquiry into the bank’s credit card products.

JPMorgan admitted wrongdoing to the Securities and Exchange Commission, which cited the bank for a breakdown in controls, and the Commodity Futures Trading Commission, which accused the bank of “employing a manipulative device” with its high volume of trading.

While a settlement will go a ways toward wrapping up a number of JPMorgan’s mortgage-related issues, the bank is still weathering a broad wave of scrutiny. With the bank’s legal woes escalating — at least seven federal agencies, several state regulators and two foreign countries are investigating the bank — JPMorgan announced this month that it would have to allot $9.2 billion to cover legal expenses alone. The huge legal bill led the bank to report its first quarterly loss under Mr. Dimon’s leadership.

Amid the swirl of legal problems, some people within JPMorgan have privately questioned whether Mr. Dimon could survive a push by shareholders to divest him of the dual titles — chairman and chief executive — that he holds.

But he survived such a push this year, having secured nearly 70 percent of the votes. And even if a majority of shareholders voted to split the roles, it would be a nonbinding measure.

(http://dealbook.nytimes.com/2013/10/19/jpmorgan-said-to-be-discussing-13-billion-settlement-over-mortgage-loans/?_r=0)

 

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