Thursday, January 31, 2013

Reuters: Regulatory News: RPT-Market Chatter-Corporate finance press digest

Reuters: Regulatory News
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RPT-Market Chatter-Corporate finance press digest
Feb 1st 2013, 06:04

Fri Feb 1, 2013 1:04am EST

Feb 1 (Reuters) - The following corporate finance-related stories were reported by media on Friday:

* Authorities in the UK are looking into an allegation that Barclays loaned Qatar money to invest in the bank as part of its cash call during the height of the financial crisis in 2008, allowing the bank to avoid a bailout, The Financial Times reported.

* Ocwen Financial Corp is in the lead to buy a portfolio of mortgage collection rights from Ally Bank worth around $1 billion, three people familiar with the situation said.

* Bristol-Myers Squibb Co is seeking a buyer for some of its brands in Mexico and Brazil with any sale possible bringing in as much as $750 million, the Wall Street Journal reported.

* The board of stockbrokers Seymour Pierce held talks on Thursday night to discuss the future of the organisation after struggling to raise funds, the Financial Times reported.

* Private equity firms including Carlyle and KKR this week submitted non-binding offers for control of French fashion brands Maje, Sandro and Claudie Pierlot, sources familiar with the transaction told Reuters.

* Indian energy major ONGC Videsh is set to battle it out with Asian rivals from China and Thailand as well as some of the biggest global names for Videocon Industries' 10 percent stake in Mozambique's Rovuma offshore block, the Economic Times reported. At least six bidders, including Shell, ExxonMobil, BP, Spain's Repsol and China's Sinopec ,have expressed initial interest.

* German real estate group LEG priced its stock market flotation at 44 euros ($59.73) per share, sources said on Thursday, raising as much as 1.34 billion euros for its selling shareholders.

* Gardner Denver Inc has asked private equity bidders to submit final offers for the industrial machinery maker by mid-February, three people familiar with the matter said.

* Fashion company Fifth & Pacific Cos is in the early stages of exploring alternatives for its struggling Juicy brand, including a potential sale, according to two people familiar with the matter.

* Italian private equity fund Clessidra has decided to present an improved offer for Telecom Italia Media before its controlling shareholder Telecom Italia meets on Feb. 7 to examine the sale of the television company, a source close to the matter said.

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Reuters: Regulatory News: Marubeni expects Chinese approval for Gavilon deal by end-March

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Marubeni expects Chinese approval for Gavilon deal by end-March
Feb 1st 2013, 06:06

TOKYO | Fri Feb 1, 2013 1:06am EST

TOKYO Feb 1 (Reuters) - Japanese trading house Marubeni Corp expects to get Chinese regulatory approval for its $5.6 billion purchase of U.S. grain merchant Gavilon by the end of March, the company's Chief Financial Officer Yukihiko Matsumura said on Friday.

Matsumura also said at the earnings briefing he expects Marubeni to meet its forecast for net profit of 200 billion yen ($2.2 billion) for the year to March 31.

The company said in a statement net profit for the nine months through December came to 152.45 billion yen, an increase of 7.9 percent from the year-earlier period.

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Reuters: Regulatory News: Report warns of US state inactivity on consumer health reforms

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Report warns of US state inactivity on consumer health reforms
Feb 1st 2013, 05:01

Fri Feb 1, 2013 12:01am EST

* 39 states have failed to act on insurance reforms

* Inactive states could lose regulatory authority to U.S.

WASHINGTON Feb 1 (Reuters) - Only 11 of the 50 U.S. states have moved to implement new consumer safeguards under President Barack Obama's healthcare law, raising questions about how major health insurance reforms will be enforced, a report released on Friday says.

The report by the nonpartisan Commonwealth Fund found 39 states have yet to pass laws or issue regulations on seven reforms, including coverage for people with preexisting medical conditions, a ban on coverage waiting periods and limits for out-of-pocket consumer costs.

The report coincides with the start of a new legislative year for most states and comes 11 months before the reforms are scheduled to take effect under Obama's Patient Protection and Affordable Care Act, which is opposed by many states with Republican leadership.

The law would expand health coverage to more than 30 million people beginning on Jan. 1, 2014, partly by creating new state-based online health insurance markets, or exchanges. These would allow families to buy private coverage at subsidized rates. Seventeen states won conditional approval to operate their own exchanges, while more than 30 have opted for an exchange run by the federal government.

The Commonwealth Fund, which focuses on ways to improve the $2.8 trillion U.S. healthcare system, said states that fail to act on key market reforms could end up lacking the authority to enforce the changes in their home insurance markets and ultimately cede control of those areas to the federal government.

Other reforms that many states have yet to address would restrict insurers from charging more according to a beneficiary's gender, age and health conditions; require coverage of 10 essential health benefits; require plans to cover at least 60 percent of costs; and stipulate that insurers accept every individual and employer that applies for coverage.

"Because insurance regulation falls to the states, states need to take action to make sure they can enforce the law and ensure their residents can fully benefit from it," Commonwealth Fund vice president Sara Collins said in a statement.

The report said that only Connecticut has passed legislation addressing all seven of the new reforms. California has done so for six of the seven. Nine states -- Arkansas, Maine, Maryland, New York, Oregon, Rhode Island, Utah, Vermont and Washington -- have passed laws or issued regulations covering at least one.

The 11 states cited as having taken action on insurance market reform include only nine of the 17 states that have been approved by the U.S. Department of Health and Human Resources to operate their own exchanges.

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Reuters: Regulatory News: Market Chatter-Corporate finance press digest

Reuters: Regulatory News
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Market Chatter-Corporate finance press digest
Feb 1st 2013, 04:30

Thu Jan 31, 2013 11:30pm EST

Feb 1 (Reuters) - The following corporate finance-related stories were reported by media on Friday:

* Authorities in the UK are looking into an allegation that Barclays loaned Qatar money to invest in the bank as part of its cash call during the height of the financial crisis in 2008, allowing the bank to avoid a bailout, The Financial Times reported.

* Ocwen Financial Corp is in the lead to buy a portfolio of mortgage collection rights from Ally Bank worth around $1 billion, three people familiar with the situation said.

* Bristol-Myers Squibb Co is seeking a buyer for some of its brands in Mexico and Brazil with any sale possible bringing in as much as $750 million, the Wall Street Journal reported.

* The board of stockbrokers Seymour Pierce held talks on Thursday night to discuss the future of the organisation after struggling to raise funds, the Financial Times reported.

* Private equity firms including Carlyle and KKR this week submitted non-binding offers for control of French fashion brands Maje, Sandro and Claudie Pierlot, sources familiar with the transaction told Reuters.

* Indian energy major ONGC Videsh is set to battle it out with Asian rivals from China and Thailand as well as some of the biggest global names for Videocon Industries' 10 percent stake in Mozambique's Rovuma offshore block, the Economic Times reported. At least six bidders, including Shell, ExxonMobil, BP, Spain's Repsol and China's Sinopec ,have expressed initial interest.

* German real estate group LEG priced its stock market flotation at 44 euros ($59.73) per share, sources said on Thursday, raising as much as 1.34 billion euros for its selling shareholders.

* Gardner Denver Inc has asked private equity bidders to submit final offers for the industrial machinery maker by mid-February, three people familiar with the matter said.

* Fashion company Fifth & Pacific Cos is in the early stages of exploring alternatives for its struggling Juicy brand, including a potential sale, according to two people familiar with the matter.

* Italian private equity fund Clessidra has decided to present an improved offer for Telecom Italia Media before its controlling shareholder Telecom Italia meets on Feb. 7 to examine the sale of the television company, a source close to the matter said.

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Reuters: Regulatory News: House lawmakers mull path to citizenship for illegal immigrants

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House lawmakers mull path to citizenship for illegal immigrants
Feb 1st 2013, 01:32

Thu Jan 31, 2013 8:41pm EST

By Rachelle Younglai

WASHINGTON Jan 31 (Reuters) - A bipartisan group in the U.S. House of Representatives is attempting to craft a bill that would give millions of illegal immigrants a way to become citizens, House aides said on Thursday, mirroring an effort in the Senate.

One of the aides said the House legislation would be tougher in some ways than the plan put forward on Monday by four Democrats and four Republicans in the U.S. Senate.

The Senate proposal, which has not yet been put into legislative form, would require illegal immigrants to undergo background checks and pay back taxes and penalties before obtaining temporary legal status in the United States.

The House aide, who requested anonymity, said the House proposal was "tougher in terms of the application process," but would not go into detail.

The House group includes Republicans Mario Diaz-Balart of Florida, John Carter of Texas and Raul Labrador of Idaho, and Democrats Luis Gutierrez of Illinois and Zoe Lofgren from California. The latter is the top Democrat on a House Judiciary subcommittee overseeing immigration.

Another congressional aide said the House legislation was 90 percent complete and included a similar provision to the Senate plan that would make it harder for employers to knowingly hire illegal immigrants.

"We are in touch with our counterparts in the House," New York Democratic Senator Charles Schumer, one of the "Gang of 8" senators who released the Senate proposal on Monday, told a news conference.

"We believe that they're moving along on a set of principles that will be fairly similar to ours, not completely the same."

Any major changes to the immigration law must win support in the Republican-controlled House, where conservatives have in the past rejected what they consider would be an amnesty for those who entered the country illegally.

The fact that the bipartisan group of House lawmakers is likely to include a "path to citizenship" in its proposal is no guarantee that the idea will overcome expected opposition from conservatives, but it could help because it shows some House Republicans are on board.

However, it was unclear on Thursday whether Labrador, one of the House group's newest members, would sign off on the path to citizenship.

"I don't think there should be a new path to citizenship for the adults," Labrador told Reuters. "I Believe that in the House it will be very difficult to pass any bill that has a pathway to citizenship," he said.

Labrador has proposed a program that would allow illegal immigrants who have jobs to apply for temporary but renewable work visas.

The House group, with a membership that has varied, has been meeting privately for about four years. Lawmakers were ready to unveil their immigration legislation in 2012, but shelved the bill because they knew it would not go anywhere in an election year.

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Reuters: Regulatory News: UPDATE 3-Informant in Galleon insider-trading case gets a year in prison

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UPDATE 3-Informant in Galleon insider-trading case gets a year in prison
Feb 1st 2013, 00:06

Thu Jan 31, 2013 7:06pm EST

By Nate Raymond

NEW YORK Jan 31 (Reuters) - Roomy Khan, a one-time technology company executive who became a key FBI informant in the insider-trading case against hedge-fund manager Raj Rajaratnam, was sentenced to 12 months in prison on Thursday.

Her defense lawyer had sought five years of probation for Khan, 54, who pleaded guilty in 2009 to securities fraud, obstruction of justice and conspiracy. U.S. District Judge Jed Rakoff in Manhattan also ordered her to forfeit nearly $1.53 million.

"As I reflect back, I am horrified by the choices I made," Khan said.

Khan is one of only a few women who have been charged in the government's broad insider-trading crackdown, which has involved money managers, traders, consultants and lawyers.

Her cooperation helped U.S. authorities in the Rajaratnam prosecution. Rajaratnam, founder of the Galleon Group, was convicted by a federal jury in May 2011 and is serving an 11-year prison term.

She was also called as a government witnesses at the insider trading trial of Doug Whitman, a California hedge fund manager and founder of Whitman Capital LLC who was sentenced last week to two years in prison.

Prosecutors said Khan also obstructed the investigation, alerting co-conspirators that the U.S. Securities and Exchange Commission had contacted her and deleting email communications.

Khan, whose voice broke up during her sentencing, said she was sorry, not just to the court but also to her daughter, husband and parents.

She said she lied to the government to protect herself, her friends and family and that she engaged in insider trading to "protect my life and status."

Since August 2009, federal prosecutors in New York have charged 76 people with insider trading and have landed convictions against 71 of them.

By the end of Thursday, 42 of them will have been sentenced. Jason Pflaum, a former analyst at the hedge fund Barai Capital Management who cooperated in the Justice Department's probe of expert-network firms, was sentenced later on Thursday to time served plus two years probation.

Prosecutors said Khan met Rajaratnam shortly after landing a job as a marketing executive at Intel Corp in 1995. They contend that when Rajaratnam started Galleon, she began giving him non-public information about Intel.

The FBI in San Francisco approached soon after. She was sentenced in 2002 to three years probation after pleading guilty to a count of wire fraud and reaching a cooperation agreement.

Khan worked at Galleon but left to manage her and her husband's personal portfolio.

Prosecutors said in a sentencing memo filed on Friday that beginning in 2004, Khan again began soliciting non-public tips and trading on them. They said she also began exchanging her tips with other contacts and that she gave tips to Rajaratnam and Whitman.

Prosecutors attributed Khan's insider trading to personal financial difficulties. Her lawyer said in a court filing on Monday that she lost $49.6 million of her money when the Internet bubble burst.

She began cooperating with the government in 2007 after the Federal Bureau of Investigation approached her. Her assistance led to a 2008 wiretap of Rajaratnam's cell phone, which prosecutors said led to further evidence.

Stanislao German, Khan's lawyer, acknowledged "bumps along the way" with regard to her obstruction of the investigation.

"For self-serving and other reasons she tried to be double-faced," Rakoff said. "That's not a very sympathetic thing."

Rakoff also sentenced Khan to three years supervised release following her prison term. She previously agreed in 2010 to pay $1.86 million to settle an SEC civil lawsuit.

The case is United States v. Khan, U.S. District Court, Southern District of New York, 09-991.

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Reuters: Regulatory News: US seeks greater ethanol use despite efforts to cut it

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US seeks greater ethanol use despite efforts to cut it
Jan 31st 2013, 23:49

Thu Jan 31, 2013 6:49pm EST

* Overall biofuel target up 9 pct, corn ethanol up 4.5 pct

* Mandate due to rise to 36 billion gallons in 2022

* Foes lost bid last summer to cancel ethanol mandate

WASHINGTON, Jan 31 (Reuters) - Corn ethanol would get a larger share of the U.S. gasoline market under a government proposal on Thursday while ranchers, environmentalists and the oil industry aim to kill the renewable fuels mandate altogether.

The Obama administration proposed a 9 percent increase in the so-called renewable fuels standard from 2012, in line with a 2007 law. Half of the 1.35 billion-gallon increase would go to corn ethanol and half to "advanced" biofuels that produce half the greenhouse gases of first-generation ethanol.

Overall, biofuels would be allotted 16.5 billion gallons of the fuel market for cars and light trucks. The mandate reaches 36 billion gallons in 2022, with half of the mandate going to new-generation biofuels.

Last fall, the administration denied a request from several governors from livestock and oil-producing states for a partial or total waiver of the requirement to use ethanol. Corn prices soared during the drought as ethanol makers, livestock producers, and grain exporters competed for a smaller supply.

"We're girding for a fight," said Bob Dinneen of the ethanol trade group Renewable Fuels Association. He said a campaign against the biofuel mandate already was under way.

There will be a 45-day comment period on the latest proposal after which the Environmental Protection Agency will issue a final ruling.

EPA SAYS CELLULOSIC TARGET IS REASONABLE

As part of its proposal, the EPA put the mandate for advanced biofuels at 2.75 billion gallons, including 14 million gallons of cellulosic biofuels, made from grass, shrub and trees.

The cellulosic target "is a reasonable representation of expected production," EPA said was in line with an appellate court decision last week that ruled against an unrealistically high production target.

EPA set its biodiesel target for this year at 1.28 billion gallons in an earlier, separate action.

Traders said Brazilian ethanol, made from sugar cane, and domestic biodiesel would compete to fill the advanced biofuels mandate. Biodiesel counts as an advanced biofuel.

In addition, EPA proposed a new voluntary program to assure the validity of Renewable Identification Numbers, known as RINs. Fuel companies can use RINs, each representing a gallon of biofuel, to meet the renewable fuel mandate.

Fraudulent RINs have been a problem in the biodiesel industry. EPA said it worked with the biofuels industry in developing its RINs proposal.

ETHANOL PRODUCTION FALLS DURING TOUGH YEAR

U.S. ethanol production fell during the second half of 2012 in the face of high corn prices, the drought-shortened crop and weaker demand for gasoline, the Energy Department said on Thursday. And ethanol prices in 2012 were down 8 percent from 2011's average.

The slump continued into this year. Ethanol production in the week ending on Jan. 25 was the lowest in two years and the four-week average pointed to ethanol production of 12.2 billion gallons this year, far below the mandate of 13.6 billion gallons.

"There's not a market. We're trying to build demand," said Dinneen of the RFA.

Three dozen ethanol plants, with 15 percent of industry capacity, were closed as of Tuesday. Analysts said comparatively low demand for gasoline meant limited demand for ethanol too.

Ethanol is a farm-state favorite, where it is embraced as a home-grown antidote for oil imports and a job-creating industry for rural America. About 40 percent of the corn crop is used in distilling ethanol.

Foes ranging from environmentalists to livestock producers and the oil industry want to end the mandate. They say it encourages soil erosion and pesticide runoff from farms and, by driving up the cost of livestock feed, affects beef, pork and chicken meat prices in grocery stores.

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Reuters: Regulatory News: UPDATE 1-FTC chairman Leibowitz to step down in February

Reuters: Regulatory News
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UPDATE 1-FTC chairman Leibowitz to step down in February
Jan 31st 2013, 23:53

Thu Jan 31, 2013 6:53pm EST

* Led probe into Google that ended with mild reprimand

* Passionate about drugmaker "pay for delay" cases

* Two current commissioners among those seen in running

By Diane Bartz

WASHINGTON, Jan 31 (Reuters) - The chairman of the Federal Trade Commission, Jon Leibowitz, said on Thursday he will step down in mid-February after a tenure famous for a probe of allegations that Google manipulated search results that resulted in a mild reprimand for the technology company.

Leibowitz, a Democrat who had led the agency since 2009, told Reuters he will leave in the middle of February and take some time off before beginning work in the private sector. He does not yet have a new post.

The four people considered most likely to replace him include fellow commissioners Julie Brill and Edith Ramirez and Howard Shelanski, the director of the FTC's Bureau of Economics.

The fourth potential candidate is Philip Weiser, a veteran of the White House and Justice Department, who now teaches law at the University of Colorado in Boulder.

As current commissioners Brill and Ramirez would not face confirmation by the Senate.

In the world of high-tech, Leibowitz will be known as the regulator who took on Google, the search engine giant, but did not win the tough settlement that many hoped for.

Leibowitz, 54, also pursued brand name pharmaceutical companies who engaged in so-called "pay for delay" with generic drugmakers, and made online privacy an issue, pushing unsuccessfully for companies to allow consumers to choose for themselves whether they wanted to be tracked online.

Under Leibowitz, the agency also went after a long list of small-time scam artists who failed to deliver on promises to consumers to lower credit card interest rates or stave off foreclosures.

THE GOOGLE FIGHT

The FTC's most public fight during Leibowitz's chairmanship ended with a less than a bang.

Leibowitz had pushed hard for the FTC to investigate allegations that Google manipulated its Web search results to hurt rivals, among other offenses.

In a highly publicized trip to California's Silicon Valley, he announced that the agency had hired a crackerjack litigator to take on the search giant - racheting up expectations that the probe would end in litigation.

But in early January, Leibowitz announced that a much smaller deal had been reached with the search giant - one that ended the practice of "scraping" reviews and other data from rivals' websites for its own products. Google also agreed to no longer request sales bans when suing companies which infringe on patents that are essential to ensuring interoperability.

Leibowitz acknowledged at the time that that there would disappointment with the FTC decision. "Even though people would like us to bring a big search bias case, the facts aren't there," he said.

TAKING ON DRUG COMPANIES

The issue that has perhaps been closest to Leibowitz's heart has been fighting deals that brand-name drug companies make with generic manufacturers in order to stop them from bringing out a cheaper version of marquee drugs.

The FTC says that 127 such deals reached between 2005 and 2011 cost consumers, insurance companies and the government $3.5 billion annually.

The arrangements have vexed antitrust enforcers for more than a decade.

The FTC has thus far had mixed success in fighting them but the issue could be coming to a head.

In December, the U.S. Supreme Court agreed to decide whether Solvay Pharmaceuticals Inc, now owned by Abbott Laboratories, acted illegally when it paid three companies not to manufacture of generic versions of AndroGel, a treatment for men with low testosterone.

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Reuters: Regulatory News: FTC chairman Leibowitz to step down

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FTC chairman Leibowitz to step down
Jan 31st 2013, 23:03

WASHINGTON | Thu Jan 31, 2013 6:03pm EST

WASHINGTON Jan 31 (Reuters) - The chairman of the Federal Trade Commission, Jon Leibowitz, said on Thursday that he will step down in mid-February after a tenure that included a controversial decision to end a highly public probe of Google with only a mild reprimand.

Leibowitz told Reuters he will leave in the middle of next month and take some time off before beginning work in the private sector. He does not yet have a new post.

There are four people who are considered most likely to replace him. They include fellow commissioners Julie Brill and Edith Ramirez and Howard Shelanski, the director of the FTC's Bureau of Economics.

The fourth potential candidate is Philip Weiser, a veteran of the White House and Justice Department, who now teaches law at the University of Colorado in Boulder.

Brill and Ramirez would not face confirmation by the Senate.

In the world of high-tech, Leibowitz will be known as the guy who took on Google, but did not win the tough settlement that many hoped for.

Also Leibowitz pursued brand name pharmaceutical companies who settled patent litigation with generic companies, with the brand name companies sometimes paying the generics to delay production of the cheaper drugs.

Leibowitz also made online privacy an issue, pushing unsuccessfully for companies to allow consumers to choose for themselves whether they wanted to be tracked online.

Under Leibowitz, the agency went after a long list of small-time scam artists who failed to deliver on promises to consumers to lower credit card interest rates or stave off foreclosures.

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Reuters: Regulatory News: UPDATE 1-US insider trading informant gets 12 months in prison

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UPDATE 1-US insider trading informant gets 12 months in prison
Jan 31st 2013, 22:33

Thu Jan 31, 2013 5:33pm EST

By Nate Raymond

NEW YORK Jan 31 (Reuters) - Roomy Khan, a one-time technology company executive who became a key FBI informant in the insider-trading case against hedge-fund manager Raj Rajaratnam, was sentenced to 12 months in prison on Thursday.

Defense lawyers had sought five years of probation for Khan, 54, who pleaded guilty in 2009 to securities fraud, obstruction of justice and conspiracy. U.S. District Judge Jed Rakoff in Manhattan also ordered she forfeit nearly $1.53 million.

Khan is one of only a few women who have been charged in the government's broad insider-trading crackdown, which has involved money managers, traders, consultants and lawyers.

Her cooperation helped U.S. authorities in the Rajaratnam prosecution. Rajaratnam, founder of the Galleon Group, was convicted by a federal jury in May 2011 and is now serving an 11-year prison term.

But prosecutors said Khan also obstructed the investigation, at times lying to investigators, alerting co-conspirators that the U.S. Securities and Exchange Commission had contacted her, and deleting email communications.

Khan, whose voice broke up during her sentencing, said she was sorry, not just to the court but also to her daughter, husband and parents. She said she lied to the government to protect herself, her friends and family and that she engaged in insider trading to "protect my life and status."

"As I reflect back, I am horrified by the choices I made," she said.

The case is United States v. Khan, U.S. District Court, Southern District of New York, 09-991.

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Reuters: Regulatory News: UPDATE 1-U.S. SEC names acting heads of enforcement

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UPDATE 1-U.S. SEC names acting heads of enforcement
Jan 31st 2013, 21:43

Thu Jan 31, 2013 4:43pm EST

WASHINGTON Jan 31 (Reuters) - The U.S. Securities and Exchange Commission on Thursday named temporary leadership in its enforcement division, as the agency works through significant turnover after the election.

George Canellos, who is now a deputy in the division, will take over as acting head of enforcement effective Feb. 8, the SEC said in Thursday.

David Bergers, who heads the SEC's Boston office, will take over as acting deputy director of enforcement.

The SEC lost some of its top leadership after Chairman Mary Schapiro stepped down at the end of last year.

Current SEC enforcement director Robert Khuzami announced his departure earlier this month. At the time, insiders had described Canellos and Bergers as likely candidates for the job.

Any permanent new director will likely not be named until Congress approves Mary Jo White, President Barack Obama's nominee to lead the commission in his second term.

"George's proven intellectual abilities and creative approach to problem-solving have made him an extremely effective advocate for investors and make him ideally suited to serve as Acting Director," Elisse Walter, who is serving as SEC chairman, said in a statement.

Canellos, 48, also led the SEC's New York office and worked as a federal prosecutor there under White, a former U.S. Attorney. Some SEC watchers have suggested that he could remain as director of the enforcement division under White.

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Reuters: Regulatory News: CORRECTED-US insider trading informant Khan gets 12-month prison term

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CORRECTED-US insider trading informant Khan gets 12-month prison term
Jan 31st 2013, 22:27

Thu Jan 31, 2013 5:27pm EST

NEW YORK Jan 31 (Reuters) - Roomy Khan, a one-time technology company executive who became a key FBI informant in the insider-trading case against hedge-fund manager Raj Rajaratnam, was sentenced to 12 months in prison on Thursday.

Defense lawyers had sought five years of probation for Khan, 54, who pleaded guilty in 2009 in U.S. District Court in Manhattan to securities fraud, obstruction of justice and conspiracy. She faced a maximum 30-year sentence.

Khan's cooperation helped U.S. authorities in their probes of illicit trading, including the Rajaratnam prosecution. Rajaratnam, founder of the Galleon Group, was convicted by a federal jury in May 2011 and is now serving an 11-year prison term. (Reporting By Nate Raymond in New York; Editing by Martha Graybow, Gary Hill)

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Reuters: Regulatory News: Ex-Countrywide exec added as defendant in BofA fraud lawsuit

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
Ex-Countrywide exec added as defendant in BofA fraud lawsuit
Jan 31st 2013, 19:59

By Nate Raymond

NEW YORK | Thu Jan 31, 2013 2:59pm EST

NEW YORK Jan 31 (Reuters) - The U.S. Justice Department has added a former top executive at Countrywide Financial Corp as a defendant in a lawsuit accusing Bank of America Corp of causing taxpayers $1 billion in losses to Fannie Mae and Freddie Mac.

Rebecca Mairone was added as a defendant in an amended civil lawsuit dated Jan. 11 and filed in U.S. District Court in New York. The filing was not made available in electronic court records until later in the month.

The complaint says it was at Mairone's direction that the bank implemented a program to speed up the processing of home loans and remove barriers intended to ensure loans are not tainted by fraud. The program was known internally at Countrywide as the "Hustle," the Justice Department said in the complaint.

Mairone is now a managing director at JPMorgan Chase & Co . In a statement on Thursday, her lawyer said the government "has trumped up a meritless civil case."

"Rebecca Mairone has always been a loud voice for ethics and integrity in the mortgage business and she will be vindicated because she never did anything improper," said Marc Mukasey, of law firm Bracewell & Giuliani.

A spokeswoman for U.S. Attorney Preet Bharara declined comment.

The new complaint was first reported by The Huffington Post.

The original complaint was filed in October. It accused Bank of America and Countrywide of engaging in a scheme to defraud Fannie and Freddie through its sale of toxic mortgage loans to the two mortgage financing entities. Both Fannie and Freddie were taken into government conservatorship in 2008.

Mairone was the chief operating officer for a Countrywide lending division from 2007 to 2008. She continued to be employed at Bank of America after it bought Countrywide in 2008, the complaint said.

Under her, Countrywide implemented the "Hustle" program, at a time when loan default rates nationally were climbing and Fannie and Freddie were tightening their standards for buying loans, according to the complaint.

Mairone and other Countrywide executives were "repeatedly warned" by employees that the program would generate excessive amounts of fraudulent or defective loans ineligible for sale to Fannie and Freddie, the complaint said.

The complaint seeks unspecified civil penalties against Mairone under the Financial Institutions Reform, Recovery, and Enforcement Act. The law was passed in the wake of the 1980s savings-and-loan scandals and covers fraud affecting federally insured financial institutions.

Lawrence Grayson, a spokesman for Bank of America, said the bank viewed the government's latest legal theories in the new complaint as "equally unfounded" as the original ones. Bank of America has sought to have the case against it dismissed.

Grayson said that "neither Bank of America nor Countrywide defrauded Fannie Mae or Freddie Mac."

The case is U.S. ex rel. O'Donnell v. Bank of America Corp et al, U.S, District Court, Southern District of New York, No. 12-01422.

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Reuters: Regulatory News: Italy watchdog to meet Saipem on Monday on profit warning-source

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
Italy watchdog to meet Saipem on Monday on profit warning-source
Jan 31st 2013, 20:27

MILAN | Thu Jan 31, 2013 3:27pm EST

MILAN Jan 31 (Reuters) - Italian market regulator Consob will meet with Saipem's management on Monday over a profit warning that sent shares of the oil field services group plunging to a three-year low, a source close to Consob said on Thursday.

"Consob has asked Saipem management to meet on Monday to discuss the profit warning," the source told Reuters.

After the market closed on Tuesday, Saipem said 2013 profit would fall 80 percent because of lower margins on new contracts and fewer existing high-margin contracts.

The day after the warning, Saipem shares fell 34 percent on to 19.9 euros. Some traders said Bank of America-Merrill Lynch , just a day before the warning, had sold 2.3 percent of the company for 30.65 euros per share.

Saipem and Merrill Lynch have declined to comment on the share placement.

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Reuters: Regulatory News: Fannie, Freddie extend relief to borrowers hit by Superstorm Sandy

Reuters: Regulatory News
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Fannie, Freddie extend relief to borrowers hit by Superstorm Sandy
Jan 31st 2013, 20:07

WASHINGTON | Thu Jan 31, 2013 3:07pm EST

WASHINGTON Jan 31 (Reuters) - Government-backed housing giants Fannie Mae and Freddie Mac and the Federal Housing Administration on Thursday extended their disaster-relief policies to borrowers whose homes were damaged by Superstorm Sandy.

The aid applies to property owners living along the eastern United States, mainly in nine states and the District of Columbia that have been declared disaster areas by President Barack Obama.

Millions of people were left reeling in the aftermath of the super storm that made landfall in late October and resulted in flooding, wide-spread power outages and deaths.

"It's all too clear that families need more time to get back on their feet without having a foreclosure or eviction hanging over their heads," said U.S. Housing and Urban Development Secretary Shaun Donovan. "We'll do everything we can to ease the crushing burden being faced by those homeowners."

Donovan was appointed by Obama to lead rebuilding efforts in those cities and states ravaged by the historic storm. The announcement was made in conjunction with Fannie Mae and Freddie Mac's regulator, the Federal Housing Finance Agency.

For those impacted borrowers with Fannie Mae and Freddie Mac-backed loans, they will have a new 90-day extension to suspend foreclosure sales or eviction lockouts.

The government-backed mortgage lenders are also allowing servicers to offer forbearance, which lets a borrower reduce or suspend payments on a loan for a specific amount of time, or to offer loan modifications or waive late fees against borrowers with disaster-damaged homes or jobs within the impacted areas.

Fannie and Freddie, the two largest sources of housing money, were taken over by the government in September 2008 during the financial crisis.

The government-controlled companies do not directly make loans. Instead, they buy mortgages from lenders and repackage them as securities for investors.

The Federal Housing Administration, the government-mortgage insurer that mainly supports low and moderate income borrowers, will extend the moratorium for another 90 days on the initiation of foreclosures and those home seizures already in process.

Those in storm damaged areas with FHA loans will also have evictions suspended through April 30.

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Reuters: Regulatory News: UPDATE 1-Wall Street vs commodity traders at US swaps hearing

Reuters: Regulatory News
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UPDATE 1-Wall Street vs commodity traders at US swaps hearing
Jan 31st 2013, 19:13

Thu Jan 31, 2013 2:13pm EST

  * CFTC writing rules for swaps for first time      * Banks complain that new rules favor futures      * Exchanges have launched new products to move clients out  of swaps          By Douwe Miedema      WASHINGTON, Jan 31 (Reuters) - Wall Street banks and Chicago  commodity traders on Thursday traded blows before the top U.S.  derivatives regulator on whether new rules for swaps unduly  favor one or the other of the two groups.      The Commodity Futures Trading Commission is drawing up rules  for swaps, which are speculative financial instruments that were  unregulated at the time of the 2007-09 crisis and were widely  blamed for exacerbating it.      Investment banks, which dominate the $650 trillion swaps  market, worry clients will stop using swaps and turn to futures  instead because while similar, the new rules have made futures  cheaper.       But at a public hearing, CFTC Chairman Gary Gensler, a  Democrat, did not seem overly concerned that rules being written  by the regulatory staff will bring about changes in financial  markets.      "Approximately eight-ninths of the derivatives market place  (is) swaps and until recently was unregulated. Now we bring  regulation to both sides, is it not just natural there might be  some realignment?" said Gensler.      He addressed a full room that included many industry  representatives, while others watched the debate on screens in  an adjacent corridor, underscoring the wide interest.      Swaps are often traded over the phone in bilateral deals,  with a small group of so-called dealers, including Citigroup  , Bank of America and JPMorgan Chase & Co   having the vast majority of the market.      These banks often trade with each other through brokers such  as ICAP and Tullett Prebon, who are outspoken  critics of the CFTC's rules.             FUTURE OF SWAPS      Under the CFTC's new rules required by the Dodd-Frank law  overhauling the financial industry, trading needs to move to  exchange-like platforms, with clearing houses standing between  buyers and sellers, and data must be reported publicly.      One of the topics under debate is the bigger amount of  collateral, or margin, that market parties need to set aside as  safety buffers when trading swaps.      Futures and options have a one-day margin period, which  means that counterparties ask for enough collateral to be set  aside to withstand one day of market swings.      For cleared swaps, the margin requirement is five times as  high and for uncleared swaps, it is 10 days, making these  instruments far more costly to trade.      It is also easier to delay data reporting in futures than it  is for swaps through so-called large block trades. These may be  hidden from sight for some time, allowing market parties to  trade without showing their hand.      Ironically, swap industry participants, whose markets have  long been unregulated, have now started to say that with tougher  rules for swaps, a flight into futures would mean less strict  regulation and could lead to increased risks to the financial  system.      Such remarks did not go down well with representatives of  the futures industry.      The suggestion that futures are less regulated "is just  unacceptable to have to listen to," said an agitated-sounding  Bryan Durkin, chief operating officer at CME, the  world's largest futures exchange.      CFTC Commissioner Bart Chilton concurred, saying swaps had  been at the center of the worst financial crisis since the  1930s.      "It's not all bad that some of these swaps are becoming  futures... Swaps were part of the problem and so it doesn't  bother me that we see some of the futurisation," Chilton said,  speaking to the conference over the phone.      Half of the respondents in a recent study by UBS   said they were more likely to use futures instead of swaps  because of the new rules, up from just 18 percent in the  previous study in March 2011.      In October, the IntercontinentalExchange changed its  energy swaps products to futures to avoid the increased  regulatory burden.       Futures exchanges, such as the CME Group, and much-smaller  rival Eris Exchange have launched products that promise the same  features as swaps at a far lower cost, stepping into the  opportunity created by the new rules.      The meeting is timely because the CFTC is finalizing rules  for exchange-like trading platforms for swaps - known as Swap  Execution Facilities - the details of which will determine how  costly swaps trading is.      "It's critical that we complete these rules. The commission  is close to that, and hopefully we can do that in February,"  Gensler told the meeting.  
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