Thursday, May 31, 2012

Reuters: Regulatory News: UPDATE 1-CFTC subpoenas JPMorgan over trading loss - WSJ

Reuters: Regulatory News
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UPDATE 1-CFTC subpoenas JPMorgan over trading loss - WSJ
Jun 1st 2012, 03:30

Thu May 31, 2012 11:30pm EDT

May 31 (Reuters) - The enforcement division of the Commodity Futures Trading Commission (CFTC) is issuing subpoenas requesting emails and other internal JPMorgan documents in connection with the bank's multi-billion dollar trading loss, the Wall Street Journal said, citing people close to the investigation.

The probe centers around what JPMorgan traders had told their supervisors and internal risk management staff as their wrong-way bets started to sour, the people told the Journal.

JPMorgan spokesman Joseph Evangelisti declined to comment to Reuters on the Journal report.

The CFTC inquiry is at a relatively early stage and is not confined to what the traders said, the WSJ reported.

It would not necessarily lead to any civil enforcement action against the bank or individuals.

Gary Gensler, the head of CFTC, confirmed last week that the regulator is investigating JP Morgan's recent losses that may exceed $2 billion on trades tied to credit derivatives.

The CFTC's probe will supplement investigations by the FBI and the Securities and Exchange Commission (SEC) into the losses at the largest U.S. bank.

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Reuters: Regulatory News: China has not decided to quicken lending - report

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China has not decided to quicken lending - report
Jun 1st 2012, 02:26

BEIJING, June 1 | Thu May 31, 2012 10:26pm EDT

BEIJING, June 1 (Reuters) - China has not told banks to speed up lending and will set credit policy in line with economic conditions, a vice chairman of the country's banking regulator said in remarks published on Friday, as fresh data raised fears that business activity may be cooling faster than expected.

China has increased its policy emphasis on supporting growth recently, fast tracking infrastructure investment and providing subsidies for consumption, fuelling speculation that Beijing may be eyeing another fiscally-led lending spree, like the 4 trillion ($635 billion) stimulus adopted to combat the last global financial crisis.

"The China Banking Regulatory Commission has always been doing what it is told to from above. We are all still watching changes and there is no conclusion yet," CBRC vice chairman Cai Esheng said, when asked if China would relax mortgage policies.

China tightened housing policies after the last stimulus programme triggered frenzied real estate speculation that drove home prices well beyond the reach of ordinary working citizens.

Housing costs have eased slightly since, but remain elevated and government leaders repeatedly insist there will be no easing of the tightening policy until prices return to what are described as "reasonable levels".

Whether the regulator will increase the credit quota and accelerate the pace of lending depends on changes in the economy, the Securities Times cited Cai as telling a forum.

He added that the CBRC's main objective was to watch bank behavior and support the state's macro economic policy as well as the central bank's monetary policy.

China's central bank is scheduled to announce money supply and new lending data for May from June 10 onwards.

China's official purchasing managers' index fell more than expected to 50.4 in May, the weakest reading this year and down from April's 13-month high, in the latest sign that output in the world's second-biggest economy is cooling.

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Reuters: Regulatory News: CFTC subpoenas JP Morgan over trading loss - WSJ

Reuters: Regulatory News
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CFTC subpoenas JP Morgan over trading loss - WSJ
Jun 1st 2012, 02:54

Thu May 31, 2012 10:54pm EDT

May 31 (Reuters) - The enforcement division of the Commodity Futures Trading Commission (CFTC) is issuing subpoenas requesting emails and other internal JP Morgan documents in connection with the bank's multi-billion dollar trading loss, the Wall Street Journal said, citing people close to the investigation.

The probe centers around what JP Morgan traders had told their supervisors and internal risk management staff as their wrong-way bets started to sour, the people told the Journal.

If investigators find that employees made deceptive statements to superiors, that could constitute fraud under their authority to police the swaps market, the paper said.

The CFTC inquiry is at a relatively early stage and is not confined to what the traders said, the WSJ reported.

It would not necessarily lead to any civil enforcement action against the bank or individuals.

A spokesman for JP Morgan declined to comment to the paper. The bank could not immediately be reached for comment by Reuters outside regular U.S. business hours.

Gary Gensler, the head of CFTC, confirmed last week that the regulator is investigating JP Morgan's recent losses that may exceed $2 billion on trades tied to credit derivatives.

The CFTC's probe will supplement investigations by the FBI and the Securities and Exchange Commission (SEC) into the losses at the largest U.S. bank.

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Reuters: Regulatory News: UPDATE 1-US House panel votes to give New York bank a break

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UPDATE 1-US House panel votes to give New York bank a break
May 31st 2012, 22:35

Thu May 31, 2012 6:35pm EDT

* Bill would benefit only Emigrant Bank

* Supporters - new rule not meant to apply to bank this size

* Obama administration opposes the bill

By Dave Clarke

WASHINGTON, May 31 (Reuters) - Members of the New York congressional delegation on Thursday defended legislation that would come to the direct aid of a single lender, saying it is not political cronyism.

The House of Representative Financial Services Committee voted 35 to 15 on Thursday to approve a bill that would benefit Emigrant Bank, a lender headquartered in New York City.

The bill has drawn attention in recent days because it would only affect one bank and because its chairman is active in politics.

On Thursday the administration of President Barack Obama weighed in against the measure, citing its narrow focus.

The chairman of Emigrant, Howard Milstein, served as a donation "bundler" for President Barack Obama in 2008 and has made $34,050 in campaign donations this election cycle, including to some of the bill's Republican and Democratic sponsors, according to the Center for Responsive Politics.

Supporters of the law said their sole concern is trying to prevent a responsible local bank from getting ensnared in costly new capital regulations aimed at larger, more complicated financial firms.

"This is called leadership, it's called doing the right thing regardless of what papers want to use to make news," said Representative Michael Grimm, a Republican.

Grimm is the main sponsor of the bill; six other New York lawmakers, Democrats and Republicans, have put their names behind it as well.

Following the committee vote an administration official said the Obama administration is against the bill because it opposes attempts to "reopen" the 2010 Dodd-Frank financial oversight law as well as legislation aimed only at one institution.

The bill would make a date change to Dodd-Frank that would have the effect of letting the bank escape tough new capital requirements aimed at large banks.

Without the change, Emigrant said its capital levels will take a $300 million hit, which in turn will hurt its ability to lend to small businesses and other customers in New York.

The bill was supported by committee Chairman Spencer Bachus, a Republican, and its top Democrat, Barney Frank, who was an author of the 2010 law.

Frank said his only request when the bill first came up was that the legislation be subjected to a hearing - one was held May 18 - so any objections could be raised publicly.

He used Thursday's vote, however, to needle Republicans about supporting the bill after having made congressional "earmarks," money in spending bills directed at a single company or local government, a campaign issue in recent elections.

"There have been some who have suggested over time that doing something that effects one institution alone is somehow suspect," he said, adding he brought up the issue to avoid any "inconsistencies in the future" about how "single-shot" legislation is viewed.

The prospects for the bill are unclear because a similar measure has not been introduced in the Senate, although the legislation will likely be passed by the House soon.

The capital rule in question is the so-called Collins amendment, which was added to the Dodd-Frank law by Republican Senator Susan Collins.

The provision sets a floor on the amount of capital U.S. banks have to hold to prevent them from using internationally agreed risk measurements to determine that they can hold less capital than smaller federally insured depository institutions.

The provision also prohibits banks from counting trust preferred securities (TruPS) toward capital requirements.

The law, however, grandfathers in TruPS held by banks as of Dec. 31, 2009, so long as the institution had less than $15 billion in assets at the time.

Emigrant's plea to lawmakers is that it briefly went over the $15 billion threshold at the time of the deadline because it had taken a loan from the Federal Home Loan Bank of New York to make sure it had enough cash to cover customer deposits.

"This is an example of no good deed goes unpunished," said bill supporter Carolyn Maloney, a Democrat from New York.

The bill would shift the deadline to March 31, 2010, at which point Emigrant's assets had fallen back below $15 billion, meaning it would not be subject to new capital requirements.

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Reuters: Regulatory News: JPMorgan not triggering major regulatory rethink

Reuters: Regulatory News
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JPMorgan not triggering major regulatory rethink
May 31st 2012, 22:25

Thu May 31, 2012 6:25pm EDT

* Bank regulators in frequent contact about JPMorgan

* Expect to reach some conclusions in 4 to 6 weeks

* Do not foresee major changes in bank supervision

* Embed says not there to play "gotcha"

* Regulators to face congressional scrutiny next week

By Jonathan Spicer

NEW YORK, May 31 (Reuters) - U.S. bank regulators are holding daily, high-level calls to try to understand how a seemingly low-risk unit at JPMorgan was able to amass a $2 billion trading loss, but there are no immediate plans to revamp how the nation's largest banks are supervised, according to a source familiar with the matter.

Regulators have come under scrutiny for not raising red flags earlier about the massive hedging strategy that went awry, despite having more than 100 examiners embedded at JPMorgan Chase & Co.

The source, who was not authorized to speak publicly, said lessons will be learned from the JPMorgan trading loss and there may be some changes in how regulators make sure banks have good risk-management systems in place.

But regulators believe it was not their responsibility to flag the hedging strategy as something dangerous and it is upon banks to effectively manage their own risks.

"People are going back and asking: 'Is there any way we could have seen this?' I don't know that that will yield the next great radar screen," the source said.

The source added that regulators are still trying to get to the bottom of what happened and hope to come to some conclusions in the next four to six weeks.

Top officials at the bank regulators are expected to face intense scrutiny next week when they appear before the Senate Banking Committee.

Lawmakers have already railed against regulators for supposedly being in the dark about the trades and will likely press them on whether they really have a handle on what goes on at the big banks.

The criticism echoes the conversation during the 2007-2009 financial crisis when the four federal bank regulators were blamed for not recognizing that Wall Street had dangerously ratcheted up risk and become so intertwined that the bursting of the housing bubble could bring the financial system to its knees.

After that searing experience, the regulators increased the number of examiners embedded at the biggest firms, including JPMorgan.

The Federal Reserve Bank of New York, which is the primary regulator of JPMorgan's holding company, has some 40 embeds at that bank's U.S. offices, while the Office of the Comptroller of the Currency, which regulates its banking activities, has about 70 in New York, Chicago and Delaware.

The Federal Deposit Insurance Corp has another four on-site supervisors at JPMorgan.

However, no examiners were embedded at JPMorgan's Chief Investment Office in London that executed the failed hedging strategy.

UK regulators do not dispatch full-time on-site regulators. The U.S. embeds are largely clustered on one floor in JPMorgan's midtown Manhattan office, the source familiar with the matter said.

And regulators only became aware of the trading exposure in April around the time news reports said that a UK-based trader at the bank, dubbed the "London Whale," was playing a dominant role in certain markets.

A Fed spokesman declined comment. Bryan Hubbard, a spokesman for the OCC, has said he cannot speak specifically about JPMorgan, but noted it is the OCC's responsibility to ensure that banks have effective risk management. But he added that it is not their job to approve specific risk models, loans or investments.

Hubbard did say that examiners are looking at risk-management strategies at other big banks to "validate our understanding" of inherent risks.

BLAME GAME

JPMorgan and its chief, Jamie Dimon, have talked repeatedly about the trading strategy, which could ultimately cost the bank $5 billion or more, and have issued multiple mea culpas.

The bank regulators have been less willing to take on blame.

The heads of the Securities and Exchange Commission and the Commodity Futures Trading Commission told Congress last week that they were not the primary regulators of JPMorgan.

William Dudley, president of the New York Fed, said last week: "Supervision is about ensuring that banks have sufficient capital and liquidity to handle large shocks ... It's not to prevent the banks from making mistakes, in any dimension."

Sheila Bair, who left as chairman of the Federal Deposit Insurance Corp last year, has been tougher in assigning blame.

"I think the Office of the Comptroller of the Currency and the New York Fed both share responsibility here as I understand it. This is being done inside the insured bank so the OCC also bears responsibility here," she said in an interview with Reuters earlier this month.

She said that for years she fought the OCC and New York Fed over how much banks should be allowed to rely on value-at-risk (VaR) models, an estimate of losses that could occur on a particular trade or portfolio of trades.

Dimon first announced that the CIO unit had changed its VaR model when he announced the trading losses on May 10. The rest of the bank's divisions apparently kept to more conservative modeling to measure the risk of trades.

"They can certainly look at risk management systems and the VaR model is part of that system," Bair said.

EMBEDS

The source familiar with the matter said that, before the JPMorgan trading loss came to light, there had been ongoing talks about how the embed system works.

The person noted that, after the financial crisis, the Fed relocated many of its "risk" professionals at the Fed building to the banks themselves, but generally there are separate floors for the embeds.

"We're not sitting, looking over people's shoulders, which is why we might want to change the name 'embed'," the source said, also noting that some of the current embeds have urged the Fed not to restructure the supervision process too much.

An embedded regulator at one major U.S. bank who was not authorized to speak publicly said it would not necessarily be productive for examiners to be watching the bankers' every move.

"At the end of the day, the bankers can't always be on edge that regulators are playing 'gotcha' games," the embed added.

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Reuters: Regulatory News: Economic scrutiny needed for swaps rules' reach: US regulator

Reuters: Regulatory News
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Economic scrutiny needed for swaps rules' reach: US regulator
May 31st 2012, 22:44

Thu May 31, 2012 6:44pm EDT

* CFTC's O'Malia calls for cost benefit analysis for guidance

* Guidance would shed light on overseas reach of US swaps rules

* Chairman Gensler pointed to JPM losses to show need for broad reach

* Guidance may come as early as June

By Alexandra Alper

WASHINGTON, May 31 (Reuters) - A top Republican regulator on T hursday called on his agency to study the economic impact of guidance it plans to issue as soon as next month that will set the global reach of new U.S. swaps rules.

Scott O'Malia, a commissioner at the Commodity Futures Trading Commission, said a cost-benefit analysis would allow the agency to make an "informed decision" about how broadly to apply new regulations.

"The Commission should do the right thing and conduct a thorough analysis of the costs and benefits of its guidance," O'Malia, a frequent critic of agency rules, said at a conference on the over-the-counter derivatives market in New York.

Industry groups have made the quality of cost benefit studies a cornerstone of their efforts to push back against rules required by the 2010 Dodd-Frank financial oversight law.

O'Malia has sharply criticized prior CFTC analyses, which are required to accompany agency rule makings but not guidance, saying they fail to quantify costs adequately or offer policy alternatives.

His criticism has been fodder for industry lawsuits aimed at striking down unpopular rules.

A legal challenge to the CFTC's position limits rule, brought in December by the Securities Industry and Financial Markets Association and the International Swaps and Derivatives Association (ISDA), centers on the inadequacy of that rule's cost benefit analysis and cites critical comments from O'Malia.

REACH OF SWAPS RULES

The CFTC was tasked by Dodd-Frank with reducing risk and boosting transparency in the opaque $708 trillion global swaps market.

Risky derivatives trading at overseas subsidiaries of firms like insurer American International Group severely damaged the U.S. financial system during the 2007-2009 financial crisis and led to multibillion-dollar taxpayer bailouts. It has also prompted some U.S. regulators and lawmakers to push for a swaps regime with broad overseas application.

CFTC Chairman Gary Gensler has pointed to JPMorgan Chase & Co's mounting $2 billion loss -- from trades the bank booked in London -- to highlight the need for a tough overseas swaps regime.

"Some commenters have expressed the view that if a transaction is done offshore, it should not come under Dodd-Frank," Gensler said at a Senate Banking Committee hearing earlier this month.

"The law, the nature of modern finance and the experiences leading up to the 2008 crisis, as well as the reminder of the last two weeks, strongly suggest this would be a retreat from much-needed reform," Gensler said, referring to JPMorgan's losses.

The banking industry and foreign regulators have pushed back, warning that an overly broad regime might duplicate or conflict with rules of foreign regulators, or put certain banks at a competitive disadvantage.

"The guidance should not overreach or step on the toes of sovereign nations," O'Malia said o n T hursday.

Both the CFTC and the Securities and Exchange Commission -- which oversees securities-based swaps -- have promised to release guidance to give market participants clarity on how Dodd-Frank rules will apply to their overseas operations.

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Reuters: Regulatory News: US proposal on investment adviser oversight slammed

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US proposal on investment adviser oversight slammed
May 31st 2012, 21:54

Thu May 31, 2012 5:54pm EDT

* Massachusetts official criticizes proposal on self-regulation

* Massachusetts survey adds to heated debate on proposal

* Hearing for federal adviser oversight bill set for June 6

By Suzanne Barlyn

May 31 (Reuters) - Federal legislation that would require self regulation for registered investment advisers would be financially burdensome and not guarantee more investor protection, the top securities regulator in Massachusetts said on Thursday.

Nearly 70 percent of state-registered investment advisers surveyed in Massachusetts said they would suffer a "severe" financial impact if legislation proposed in the U.S. House of Representative that would create a self-policing body to oversee them and thousands more in the United States becomes law, according to a report released Thursday by Massachusetts Secretary of Commonwealth William Galvin.

More than half of the 353 advisers who responded to the survey said they may have to lay off staff if burdened with paying fees for a self regulatory group.

Unlike broker-dealers, who are overseen by the Financial Industry Regulatory Authority (FINRA), investment advisers have no self-policing group and are typically are examined by the U.S. Securities and Exchange Commission or state regulators, typically less frequently.

Still, a self-regulatory organization for advisers is "not effective regulation" and would be "the worst of both worlds," Galvin said in an interview on Thursday. What's more, "it's burdensome on those who would be regulated."

Galvin's remarks and the Massachusetts survey results come ahead of a hearing by the House Financial Services Committee set for next Wednesday about the self-regulatory organization proposal. House Financial Services Chairman Spencer Bachus, a Republican, and Democrat Carolyn McCarthy introduced the bill in April, saying that the SEC lacks the resources to effectively supervise investment advisers.

The bill could, among other things, weaken a provision of the Dodd-Frank financial reform law requiring advisers who manage between $25 million and $100 million in assets to switch from oversight by the SEC to oversight by state regulators.

Galvin joins a host of other organizations stepping up either their support or opposition to the bill. Many advisers are also concerned that FINRA, which has been promoting itself as a potential regulators for investment advisers, could be tapped to serve in that role.

Advisers face steep opposition from the brokerage industry, which has been calling for more oversight of registered investment advisers, especially as regulators consider higher standards of responsibility for brokers who give personalized investment advice.

Registered investment advisers are already subject to those standards, which require acting in a client's best interests, but a gap in oversight between the two industries also has to be reconciled to protect investors, the industry says.

A study by SEC staff revealed in 2011 that the agency examines the nation's roughly 11,000 investment advisers about every 10 years. FINRA visits the almost 4,600 broker-dealers under its jurisdiction an average of once every two years.

Protecting investors will require better policing of investment advisers, wrote Joseph Russo, chairman of the Financial Services Institute, a trade group for independent broker dealers, in a letter to its members on Tuesday. "To protect consumers and level the playing field, this regulatory gap must be eliminated," he wrote.

Opponents of the investment adviser oversight bill include Schwab Advisor Services, a unit of Charles Schwab & Co. Inc., which is the custodian of client funds for more than 7,000 registered advisers. In an e-mail to those advisers on Wednesday, Bernie Clark, executive vice president of Schwab Advisor Services, warned that the outcome in the debate over the best type of oversight "could have a substantial impact on (their) business."

Clark will join representatives from the Investment Adviser Association, a trade group, next Thursday to lobby lawmakers on the issue.

A letter to lawmakers on Tuesday from the Project on Government Oversight, a Washington-based watchdog group, also voiced concerns about the possibility of FINRA becoming a regulator for advisers. FINRA's practice of collecting fees from member firms and investing in the same industry it regulates, raises "questions about an inherent conflict of mission," wrote Angela Canterbury, the group's public policy director and Michael Smallberg, an investigator.

FINRA however, points to the SEC study released last year, in which the agency's staff concluded that it was unable to adequately oversee and examine investment advisers.

The SEC, a FINRA spokeswoman said in a statement, found that the use of self-regulatory organizations "overseen by the SEC is a proven way to augment government resources and to provide the needed oversight."

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Reuters: Regulatory News: RPT-UPDATE 3-Malone and Karmazin face off for Sirius XM control

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RPT-UPDATE 3-Malone and Karmazin face off for Sirius XM control
May 31st 2012, 21:23

Thu May 31, 2012 5:23pm EDT

* Liberty files new FCC petition for control

* Liberty asks for more board seats

* Liberty intends to convert half of shares to common

* Sirius XM says was not informed of board request

By Liana B. Baker

May 31 (Reuters) - Liberty Media Corp's John Malone and Sirius XM Radio Inc's Mel Karmazin are using the regulatory system to go to war over control of the satellite radio company.

Liberty, which already holds five of 13 Sirius XM board seats, said in a regulatory filing Thursday morning that it wants to take over a majority of Sirius' board--a disclosure Malone made without informing Karmazin.

Sirius XM shot back in its own regulatory filing Thursday afternoon that it has been in discussions with Liberty about transactions related to Liberty's stake in the company but had not reached an agreement or been informed of Liberty's plans to shake up the board.

Sirius XM's filing further noted that new directors could not be added to its board without a special meeting that can only be called by two current directors or the chief executive. A proposal can also be made at the annual meeting, but that is at least a year away. Meanwhile, replacing the entire board would "require the consent of a majority of our outstanding common stock," Sirius XM said.

Both companies did not respond to requests for comment on Thursday.

Liberty's new plan is "very likely to succeed," Lazard Capital Markets analyst Barton Crockett said in a research note. With control of the board, "Liberty may retain its stake long enough to transition to a new CEO," Crockett said.

Malone, a cable industry pioneer who Al Gore famously derided as "Darth Vader," is no stranger to battles with media titans. The reclusive billionaire has faced off with News Corp's Rupert Murdoch numerous times, and in 2008 nearly brought a two decade-long friendship with Barry Diller to an end by trying to gain control of his IAC Corp. Liberty, which held a large stake in IAC at the time, ultimately failed in its bid, but made Diller endure an ugly court battle in the process.

Englewood, Colorado-based Liberty in its filing Thursday also asked the U.S. Federal Communications Commission to reconsider a May 4 refusal of Liberty's previous application to take control of Sirius. Liberty said it plans to convert half of its preferred shares to common stock and hold about 32 percent of outstanding shares.

Earlier this month, Liberty raised its stake in Sirius to 46.2 percent from 40 percent as it bought another 60.35 million shares but did not announce its plan to convert to common stock until Thursday.

NOT GOOD AT BEING NO. 2

Malone's attempt to gain control of Sirius goes to the heart of Karmazin's biggest fear as a corporate executive--not being in control of his own destiny.

The Sirius XM leader rose to fame in media and Wall Street circles as the CEO of Infinity Broadcasting and CBS Corp . But, after merging CBS with Viacom Inc, Karmazin felt stifled as the second-in-command under the combined company's controlling shareholder, Sumner Redstone. Karmazin, known for his hard-charging sales techniques, repeatedly clashed with Redstone and quit after just three years.

"I'm not really good at working for somebody. I just could not be a No. 2," Karmazin admitted to Reuters last year.

Earlier this month Karmazin said he would "protect the rights" of Sirius's shareholders and would not want Malone seizing the company without paying a premium.

Gabelli & Co analyst Brett Harriss said Malone does not necessarily want to push out Sirius management. Instead, he thinks Malone, who holds a PhD in mathematics and is known for his Byzantine deal structures, may simply be trying to design a complicated deal with Sirius XM to save on taxes.

"It doesn't mean Mel (Karmazin) will leave but it means that Liberty will control the board and Liberty and Sirius can put together a Reverse Morris Trust transaction," Harriss said.

Such a transaction could allow Liberty to spin out its Sirius stake and combine it with the rest of the company as a way to distribute Sirius shares to Liberty Media shareholders in a tax-efficient manner, according to Harriss.

Malone engineered a similar deal in 2009 with satellite TV operator DirecTV.

Liberty owns stakes in a variety of businesses, including book retailer Barnes & Noble Inc, concert promoter Live Nation Entertainment Inc, and cable television company Discovery Communications Inc.

In 2009, Liberty became the largest shareholder in Sirius after it floated the company a $530 million loan to help it avoid bankruptcy. Terms of that deal allowed for Liberty to convert the loan into preferred shares.

The company Liberty rescued in 2009 is in much stronger shape four years later, thanks in no small part to Karmazin. It has gained a key foothold in the vehicles market, which is seeing a rebound, with its radios in 70 percent of new cars in the United States. The company, which serves as the radio home for shock jock Howard Stern, ended last quarter with an all-time high 22.3 million paying users.

Sirius XM shares were unchanged at $1.89, while Liberty fell 0.7 percent at $83.08.

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Reuters: Regulatory News: U.S. muni regulators propose underwriter disclosures

Reuters: Regulatory News
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U.S. muni regulators propose underwriter disclosures
May 31st 2012, 21:45

Thu May 31, 2012 5:45pm EDT

May 31 (Reuters) - Underwriters and municipal advisers selling debt in the $3.7 trillion U.S. municipal bond market may be required to publicly disclose any financial incentives tied to deal making, regulators said on Thu rsday.

Pointing to scandals such as the one that helped drive Alabama's Jefferson County into a $4.23 billion bankruptcy, the Municipal Securities Rulemaking Board said it was seeking comment on a proposal to require market professionals to publish deal-related incentives on its EMMMA website.

"In the wake of Jefferson County, Alabama, and other situations involving undisclosed financial relationships, concerns have arisen regarding potential conflicts of interest that can impair the ability of municipal market professionals to act fairly and objectively," the MSRB said in a news release.

The proposal, if enacted as drafted, would require underwriters and advisers to disclose payments given or received in connection with new issues of tax-free debt, including ones made to attract business.

"This comes at a time when the MSRB is focused on our expanded mandate under the Dodd-Frank Wall Street Reform and Consumer Protection Act to protect state and local government issuers," MSRB Executive Director Lynnette Kelly said in a statement.

Home to Birmingham, Alabama's biggest city, Jefferson County last November filed the largest U.S. municipal bankruptcy largely because of massive expenses connected to its county sewer system and its soured financing.

Dozens of local officials and business leaders were prosecuted on charges related to corruption and JPMorgan Chase in 2009 struck a settlement requiring payments of $720 million over an unlawful payment scheme in Jefferson County's sewer financing.

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Reuters: Regulatory News: TIMELINE-Canada's TMX Group in play

Reuters: Regulatory News
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TIMELINE-Canada's TMX Group in play
May 31st 2012, 20:10

Thu May 31, 2012 4:10pm EDT

May 31 (Reuters) - The Canadian consortium of financial institutions bidding for the operator of the Toronto Stock Exchange extended its offer for an eighth time on Thursday and said it was confident it would complete the deal by its July 31 deadline because the process cannot drag on indefinitely.

Prolonging the C$3.8 billion ($3.67 billion) bid to buy TMX Group Inc, Maple Group said the extension will allow for the regulatory approvals needed for its ambitious plan that would transform Canada's stock trading landscape.

Following is a list of the major events related to Maple Group's efforts to take over TMX.

2011

Feb. 9 - TMX and the London Stock Exchange announce a $3 billion friendly deal that they characterize as "a merger of equals."

May 14 - TMX says it has received an approach from a consortium of Canadian banks and funds called Maple Group Acquisition Corp. LSE says it remains committed to the deal. Maple submits its formal bid the following day and says its C$3.6 billion proposal offers a 24 percent premium on the LSE's deal.

May 20 - TMX rejects Maple's bid and asks its shareholders to support the LSE plan.

June 22- Maple raises its hostile bid to C$3.8 billion.

June 28 - TMX and LSE terminate their proposal after it becomes obvious that the deal will not win the necessary two-thirds support at a TMX shareholders vote.

July 21 - TMX authorizes its board to hold takeover discussions with Maple Group.

Oct 30 - TMX agrees to support Maple's bid of C$3.8 billion, or C$50 a share, as Maple seeks regulatory approvals.

Nov 29 - In a late-night statement, TMX Group says the federal Competition Bureau has "serious concerns" about the deal, including the impact it would have on equities trading as well as clearing and settlement services.

Dec. 1 - Maple tells an OSC public hearing that it could give regulators the right to supervise clearing and settlement prices to ease competition concerns.

2012

March 15 - Quebec's regulator says it intends to approve the proposed takeover, which will also put Alpha Group and the Canadian Depositary for Securities, a clearing house run by some of the banks that form Maple Group, under the TMX umbrella. Maple Group says the Ontario regulator will publish draft orders for a 30-day public comment period before it makes a final decision on the deal.

April 27 - Maple says it is working to resolve regulatory concerns. TMX shares rise 6 percent as investors interpret the statement as a cautiously optimistic sign that the deal might go through.

April 30 - Maple extends its offer for a seventh time, this time to May. 31. It also says it has reached deals to buy Alpha Group for C$175 million, as well as CDS for C$167.5 million.

It says it has extended its support agreement with TMX to July 31, after which the parties can walk away from talks.

May 3 - Maple says it will accept the conditions the Ontario Securities Commission has put on the takeover, likely setting the stage for the deal to go ahead.

Quebec's Autorité des marchés financiers, which has already said it intends to approve the deal, issues a separate notice and promises additional consultations about Maple's desire to wrap the CDS stock clearing system into the new entity.

May 14 - Maple and TMX note publication of Alberta Securities Commission staff notice

May 24 - Maple and TMX note the British Columbia Securities Commission issues draft recognition orders and undertakings for public comment until June 22.

May 31 - Maple extends its bid offer for an eighth time, to July 31, and its key spokesman, Luc Bertrand, says the group is "very confident" the deal will get done by then.

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Reuters: Regulatory News: US FDA checks dictionary on corn syrup vs sugar

Reuters: Regulatory News
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US FDA checks dictionary on corn syrup vs sugar
May 31st 2012, 20:15

Thu May 31, 2012 4:15pm EDT

* High-fructose corn syrup can't be labeled "corn sugar"

* Corn refiners say corn syrup acts like sugar

* Sugar groups sue to stop advertising campaign

WASHINGTON, May 31 (Reuters) - U.S. food and beverage makers who add high-frutcose corn syrup to soda, breakfast cereal and other items will not be able to label it "corn sugar," under a decision by federal officials that frustrated corn processors but won praise from the sugar industry and some health advocates.

Both sides say they have consumers' interests at heart and are trying to minimize confusion about the term "sugar."

The U.S. Food and Drug Administration, which decides what goes on food labels, has ruled against the corn groups. The agency said calling high-fructose corn syrup "sugar" would mislead people - and could harm them.

"FDA's approach is consistent with the common understanding of sugar and syrup as referenced in a dictionary," the agency said in a letter posted on its website late o n W ednesday.

The United States is the biggest consumer and manufacturer of high-fructose corn syrup. The sweetener was added to beverages such as Coca-Cola in the 1980s, but in recent years food makers have been trying out a return to sugar after some studies linked corn syrup to obesity.

The Corn Refiners Association petitioned the Food and Drug Administration to allow high-fructose corn syrup (HFCS) to go by "corn sugar," saying the two were nutritionally and metabolically equivalent.

Sugar groups disagree, and have sued the corn refiners group, as well as producers like Archer Daniels Midland Co and Cargill, to stop an advertising campaign that equates syrup with sugar.

The FDA said people associate sugar with being solid, dry, and crystallized, while syrup is aqueous or liquid.

"The use of the term 'sugar' to describe HFCS, a product that is a syrup, would not accurately identify or describe the basic nature of the food or its characterizing properties," the FDA said in the letter to the Corn Refiners group.

Currently, "corn sugar" can sometimes refer to dextrose, a type of sugar that is derived from corn starch. Some people have to rely on this corn sugar because they cannot absorb or tolerate fructose. The FDA said labeling high-fructose corn syrup as a sugar could put these people at risk.

Dan Callister, an attorney for the Sugar Association, called the FDA's decision "a victory for American consumers." But the Corn Refiners Association said the FDA did not question that corn syrup is a form of sugar, or that consumers could be confused by the term high-fructose corn syrup.

"In light of the FDA's technical decision, it is important to note that the agency continues to consider HFCS as a form of added sugar," the group's president, Audrae Erickson, said in a statement.

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Reuters: Regulatory News: UPDATE 1-SunTrust Bank, U.S. reach settlement in discrimination case

Reuters: Regulatory News
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UPDATE 1-SunTrust Bank, U.S. reach settlement in discrimination case
May 31st 2012, 19:26

Thu May 31, 2012 3:26pm EDT

* SunTrust discriminated against 20,000 borrowers, U.S. says

* Govt alleges SunTrust gave loans based on race, not risk

* SunTrust denies wrongdoing but agreed to the settlement

WASHINGTON, May 31 (Reuters) - SunTrust Bank Inc's mortgage-lending unit will pay $21 million to compensate African-American and Latino borrowers who were charged more for home loans based on race, the U.S. government said on Thursday.

The U.S. Justice Department alleged that SunTrust charged higher fees to more than 20,000 minority borrowers. The government reviewed prime loans during a four-year period and found between 2005 and 2009, SunTrust violated anti-discrimination laws while financing homeowners.

"At the core of the complaint is a very simple story: if you were African-American or Latino, you likely paid more for a SunTrust loan than equally or similarly qualified white borrowers," said Thomas Perez, assistant attorney general for the Justice Department's civil rights division. "You paid to what amounted to a racial surtax," he added.

The Justice Department looked at more than 850,000 loans made to borrowers in 34 different states and Washington, D.C., in assessing the penalty. The government found SunTrust did not always make loans based on the creditworthiness of borrowers, but often race.

SunTrust has since changed its policies, according to the Justice Department.

"SunTrust strongly believes in the principles of fair lending; we are pleased to have reached a settlement and put this matter behind us," said SunTrust spokesman Michael McCoy.

The review started after the Federal Reserve identified some patterns of discriminatory lending.

The government said SunTrust allowed loan officers and mortgage servicers to alter interest rates and fees, and knowingly discriminated against minorities. Whites with similar credit profiles received prime loans at lower costs.

The victims of the discrimination will be compensated, according to the Justice Department.

The agreement is one of the largest fair-lending cases the government has reached, second to the penalty Countrywide Financial Corp., now owned by Bank of America Corp., paid last year.

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Reuters: Regulatory News: UPDATE 1-US Chamber wants SEC review of proxy adviser

Reuters: Regulatory News
Reuters.com is your source for breaking news, business, financial and investing news, including personal finance and stocks. Reuters is the leading global provider of news, financial information and technology solutions to the world's media, financial institutions, businesses and individuals. // via fulltextrssfeed.com
UPDATE 1-US Chamber wants SEC review of proxy adviser
May 31st 2012, 19:47

Thu May 31, 2012 3:47pm EDT

May 31 (Reuters) - The U.S. Chamber of Commerce on Thursday called for regulators to review the proxy adviser firm Glass, Lewis & Co, adding fuel to a simmering dispute in corporate governance.

The Chamber, which represents U.S. companies large and small, said it asked the U.S. Securities and Exchange Commission to "monitor" the activities of Glass, Lewis and its owner, the Ontario Teachers Pension Plan, for potential conflicts of interest.

In a case earlier this month, the Ontario pension fund opposed directors at Canadian Pacific Railway Ltd.,, the Chamber noted. Glass, Lewis then recommended that shareholders vote in favor of the Ontario pension fund.

The recommendation "calls in question the role of proxy advisory firms in corporate governance" and could pose a conflict of interest, the Chamber said.

Glass, Lewis did not comment. A representative for the Ontario pension fund did not immediately return messages.

SEC spokesman John Nester declined to comment.

Proxy voting at annual corporate meetings was once little more than a rubber-stamp of management requests. But, since the financial crisis, the area has drawn attention from institutional investors turning a more critical eye on the companies whose stock they own.

In one high profile example this year, Citigroup Inc failed to get a majority of its shareholders to approve its executive pay plan including the $15 million paid to Chief Executive Vikram Pandit. Glass, Lewis had urged a vote against the plan.

The U.S. Chamber's push-back against sometimes critical recommendations from proxy advisers like Glass, Lewis comes as many companies grow uncomfortable with the heightened scrutiny they are getting from shareholders, said Broc Romanek, editor of TheCorporateCounsel.net, a website for governance executives,

"They're looking for any instance where they can attack the proxy adviser firms," he said. "Companies are more angry right now."

Glass, Lewis of San Francisco is one of the two largest firms that advise institutional shareholders o n voting along with principal competitor, the ISS unit of MSCI Inc.

The firms have previously defended their methods and approach to reviewing questions on which shareholders vote, such as the election of corporate directors and the advisory votes on pay.

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Reuters: Regulatory News: UPDATE 1-U.S. lawmakers blast UN "power grab" for the Net

Reuters: Regulatory News
Reuters.com is your source for breaking news, business, financial and investing news, including personal finance and stocks. Reuters is the leading global provider of news, financial information and technology solutions to the world's media, financial institutions, businesses and individuals. // via fulltextrssfeed.com
UPDATE 1-U.S. lawmakers blast UN "power grab" for the Net
May 31st 2012, 19:47

Thu May 31, 2012 3:47pm EDT

* U.S. to participate in telecom treaty talks in December

* U.S. to fight giving UN more control over Internet

* Lawmakers show bipartisan agreement

* Obama names Terry Kramer to head U.S. delegation to Dubai

By Jasmin Melvin

WASHINGTON, May 31 (Reuters) - U.S. lawmakers on Thursday said they are united when it comes to keeping the Internet free from centralized control and preventing the United Nations from gaining power over Web content and infrastructure.

The U.S. government wants to bring as much ammunition as possible to a December meeting in Dubai where delegations from 193 countries will discuss whether to hand governance of the Internet over to the United Nations.

The United States fears December's treaty-writing conference could turn the Internet into a political bargaining chip and could empower efforts by countries like China, Russia and Iran to erode Internet freedoms and isolate their populations.

"We may have our differences on domestic telecommunications policy, but having those policies decided at the international level would be the worst thing that could happen," Representative Marsha Blackburn said at a hearing before a House Energy and Commerce subcommittee.

The Tennessee Republican commended the Obama administration's efforts to thwart giving an international governing body power over the Internet.

Vinton Cerf, regarded as one of the fathers of the Internet and now vice president and chief Internet evangelist at Google Inc, cautioned that a move toward top-down control dictated by governments could hinder Internet innovation and growth.

That path, he said, "promotes exclusion, hidden deals, potential for indiscriminate surveillance and tight centralized management."

A bipartisan group of lawmakers on Wednesday introduced a resolution to reject the proposed international takeover of the Internet and preserve the current "multi-stakeholder" model of governance.

"In many ways, this is a referendum on the future of the Internet," Republican Representative Mary Bono Mack said at Thursday's hearing.

"If this power grab is successful, I'm concerned that the next Arab Spring will instead become a Russia Winter where free speech is chilled, not encouraged, and the Internet becomes a wasteland of unfilled hopes, dreams and opportunities," said Bono Mack, a sponsor of the resolution.

Social media sites Twitter, Facebook and Google's YouTube played a big role in last year's "Arab Spring" revolution.

"LETHAL THREAT"

The Internet is currently policed loosely, with technical bodies such as the Internet Engineering Task Force, the Internet Corporation for Assigned Names and Numbers and the World Wide Web Consortium largely dictating its infrastructure and management. The United States holds significant sway with those bodies.

When the delegations gather in Dubai in December, they will renegotiate a U.N. treaty last revisited in 1988, and debate proposals that would consolidate control over the Internet with the United Nations' International Telecommunications Union (ITU).

"During the treaty negotiations, the most lethal threat to Internet freedom may not come from a full-frontal assault but through insidious and seemingly innocuous expansions of inter-governmental powers," said Federal Communications Commissioner Robert McDowell.

Proposals out of the Middle East, McDowell said, would change the definition of telecommunications in a way that arguably would include the Internet, and would suddenly sweep an entire industry into the rubric of ITU rules.

The Republican commissioner blasted claims from ITU leadership that no nations have proposed expanding the ITU's jurisdiction to the Internet.

"An infinite number of avenues exist to accomplish the same goal, and it is camouflaged subterfuge that proponents of Internet freedom should watch for most vigilantly," he said.

The lawmakers fear that countries like China, Russia, Iran, Saudi Arabia and others could politick smaller nations who have little interest in the issue to back them in giving them greater ability to isolate their populations and silence political dissidents.

The United States is concerned that authoritarian regimes will campaign for their initiatives by promising to back proposals from developing countries that would like to see tariffs on content-heavy Internet companies such as Google, Facebook and Netflix.

"Some ITU officials have dismissed our concerns over these issues as mere election year politics, and nothing could be further from the truth," McDowell said. "The threats are real and not imagined."

RAMPING UP

The United States will step up its meetings with other countries to thwart an expansion of ITU's authority, with about 50 or so bilateral meetings to take place in the lead-up to the December talks.

"We're investing a lot of effort in trying to be in the best possible position to explain why these kinds of things would be a bad idea," Ambassador Philip Verveer, deputy assistant secretary of state, said.

The United States on May 8 formed its core delegation of government officials who will head to Dubai, including members of the State Department, Commerce Department, Department of Homeland Security, Defense Department, FCC and NASA.

President Barack Obama earlier this week told Congress he intended to assign ambassadorial rank to Terry Kramer to lead the delegation, Verveer said.

Kramer was a long-time executive at Vodafone Group Plc . He now teaches at Harvard University and serves as a board member or adviser for numerous telecom companies and nonprofits.

Private-sector members and other representatives will be added in September and those voices are expected to add force to the U.S. government's argument to preserve decentralized control of the Internet.

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