venerdì 31 ottobre 2014

Your Bank Account Seized by the Government

Economy  

Could You Be the Next Innocent American to Have Your Bank Account Seized by the Government?

Photo Credit: Shutterstock.com
The Internal Revenue Service is supposed to go after criminals who launder money or people who cheat on their taxes, but lately, agents have been going after ordinary Americans who have been accused of nothing, nada, zilch. Bewildered citizens are having their bank accounts seized and forking over thousands of dollars in legal fees to try to combat this gross violation of their rights — let’s just call it outright theft — often to no avail.
You could be next.
IRS agents have been on a spree targeting citizens for the simple act of making deposits of less than $10,000 at a time. They are doing so using a pernicious and controversial area of law called civil asset forfeiture. This law basically lets agents grab your property if they suspect you being tied to crime, even if no criminal charges are filed.
Bonus for law enforcement agencies: They keep a chunk of whatever is forfeited.
The New York Times reports:
“Using a law designed to catch drug traffickers, racketeers and terrorists by tracking their cash, the government has gone after run-of-the-mill business owners and wage earners without so much as an allegation that they have committed serious crimes. The government can take the money without ever filing a criminal complaint, and the owners are left to prove they are innocent. Many give up.”

giovedì 30 ottobre 2014

IMF is now the de facto Government of Jamaica

The IMF miracle

Published: Sunday | October 26, 2014
http://jamaica-gleaner.com/gleaner/20141026/cleisure/cleisure4.html
Ronald Mason
Ronald Mason

THE CURRENT Government took office in January 2012. We are currently more than halfway through the term, but the reality is that the IMF agreement was not struck until May 2013. Since the IMF is now the de facto Government of Jamaica, let us review its period of stewardship.

Education

The education budget has been stagnant in real economic terms, and the results are reflective of this. The mantra 'grow where you are planted' is proving to be meaningless. The same traditional schools are providing the worthy candidates, the standard being five subjects passed at CSEC at a single sitting, inclusive of English language and mathematics.
The results are still dismal for the non-traditional schools. No sane, rational citizen of the country wants his or her child, irrespective of background, to attend one of these sorry institutions that pass for high schools. We recently saw the reports from some of the inner-city high schools. Recall the state of affairs of Tarrant High School discovered by then acting principal Esther Tyson just recently.

World Bank president, Obama at odds over China

World Bank president, Obama at odds over China global lending project

Administration sees a threat to U.S. dominance
World Bank President Jim Yong Kim holds a news conference at International Monetary Fund (IMF) headquarters in Washington, Thursday, Oct. 9, 2014.   (AP Photo/J. Scott Applewhite)
World Bank President Jim Yong Kim holds a news conference at International Monetary Fund (IMF) headquarters in Washington, Thursday, Oct. 9, 2014. (AP Photo/J. Scott Applewhite) more >
- The Washington Times - Sunday, October 26, 2014
The Obama administration-appointed president of the World Bank says he feels in no way threatened by — and instead fully supports — China’s creation of a massive infrastructure investment bank, despite the administration’s tireless behind-the-scenes attempts to smear the project.
Jim Yong Kim, a Korean-American who has headed the World Bank since President Obama tapped him for the post in 2012, said he and others at the international lending institution have “been working quite closely” with Chinese officials on the $50 billion Asia Infrastructure Investment Bank.

He made the comments Friday, hours after Beijing officially launched the bank, which Chinese officials tout as a fresh well of cash for badly needed loans that developing nations around the globe can spend on telecommunications, transportation, energy and other projects.
The catch is that the Obama administration privately stands in firm opposition to China’s project on grounds that it is a calculated attempt by Beijing to undermine American dominance over multilateral international lending since shortly after World War II, when the World Bank was created. With headquarters in Washington, it has always been run by a U.S. citizen.
Several major news outlets, including the Financial Times and The New York Times, have carried reports in recent days highlighting the administration’s attempt to convince other world powers to stay away from the Chinese bank for a host of reasons.

Ex-IMF chief Rato: fallen angel

Ex-IMF chief Rato: fallen angel of Spanish finance

Placard 
 
Fraud allegations have driven a spectacular fall from grace for Rodrigo Rato, the man credited with Spain's one-time economic boom and now destroyed by its bust.
The 65-year-old former finance minister was hailed for kicking off a golden decade of growth in Spain's economy from the late 1990s and later led the International Monetary Fund.
Now, six years after the financial crisis started, the toxic fallout from it has landed him in court and turned him into a hate figure for many ordinary Spaniards.
On October 16 a judge questioned him over alleged spending sprees on company credit cards by him and other ex-managers in the bailed-out finance group Bankia.
He had already been questioned on suspicion of fraud in an ongoing probe into the stock market launch of Bankia, which was rescued by the Spanish government in 2012.
He has denied wrongdoing in both cases.
"Rato always came across as someone brilliant and efficient but also very clever," said political consultant Antoni Gutierrez Rubi.
The charges now hanging over him reflect "the great decline, the great downfall of the professional and ethical icon that was Rato".
- 'Economic miracle' -
The prime minister at the time, Jose Maria Aznar, in 2010 called Rato the "best economy minister" in Spain's modern history.
But when asked by reporters about him after the credit cards revelations this month, Prime Minister Mariano Rajoy would not even speak Rato's name.
The allegations that Rato and more than 80 others spent a total of more than 15 million euros, reportedly on luxuries such as nightclubs and safaris, embarrassed Rajoy's Popular Party (PP) and sparked a string of resignations.
"It alarms and outrages us," said the current leader of the party, Maria Dolores de Cospedal, who just last year had called prominent PP member Rato "the star of Spain's economic miracle".
Rato was thought a natural successor to Aznar and was expected to run for prime minister in 2004, but mistimed his bid. Rajoy beat him to the candidacy but lost the election.
Rato promptly left Spain to become managing director of the International Monetary Fund, the global emergency lender that later played a key role in tackling the eurozone debt crisis.
He left the IMF in 2007 for "personal reasons" and was later handed the job of managing Caja Madrid, one of the regional savings banks that fused to form Bankia in 2010.
He oversaw the stock market listing of Bankia in 2011, seen as a triumph after the previous three years of financial turbulence. But the euphoria did not last.
In May 2012 the government had to nationalise Bankia to save it from ruin. Spain then had to turn to the eurozone for a 41-billion-euro bailout to save its whole banking sector.
- 'Thief, go to jail!' -
Seven months after Bankia was rescued, Rato found himself walking into court for questioning. Furious customers who said the bank had lost their savings yelled at him: "Thief! Go to jail!"
The scene was repeated last week when he went before a judge over alleged corporate crimes in the credit card scandal. The court made him pay a three-million-euro bond while it investigates further.
"The impact of the charges is much bigger this time round," said political expert Rubi.
"In 2012 all we knew was that Bankia had been badly managed. Now we know it was badly managed by people with no scruples, ethically speaking."
The credit card affair has damaged not only Rato's image but that of his party ahead of regional elections due next year, Rubi said.
In a previously "unthinkable" move, Rato has suspended his membership of the PP.
"He has no political future," said Rubi. "There is a feeling that Rato has destroyed his shining reputation. He had a halo of superiority and triumph everywhere he went. Now he has fallen."
elc/rlp/pmr/rl/lm/kjl

The Zombie System: How Capitalism Has Gone Off the Rails

SPIEGEL ONLINEhttp://www.spiegel.de/international/business/capitalism-in-crisis-amid-slow-growth-and-growing-inequality-a-998598.html

The Zombie System: How Capitalism Has Gone Off the Rails

By Michael Sauga
Photo Gallery: The Deline of Capitalism? Photos
REUTERS/ Metropolitan Police
Six years after the Lehman disaster, the industrialized world is suffering from Japan Syndrome. Growth is minimal, another crash may be brewing and the gulf between rich and poor continues to widen. Can the global economy reinvent itself?
A new buzzword is circulating in the world's convention centers and auditoriums. It can be heard at the World Economic Forum in Davos, Switzerland, and at the annual meeting of the International Monetary Fund. Bankers sprinkle it into the presentations; politicians use it leave an impression on discussion panels.
 
The buzzword is "inclusion" and it refers to a trait that Western industrialized nations seem to be on the verge of losing: the ability to allow as many layers of society as possible to benefit from economic advancement and participate in political life. The term is now even being used at meetings of a more exclusive character, as was the case in London in May. Some 250 wealthy and extremely wealthy individuals, from Google Chairman Eric Schmidt to Unilever CEO Paul Polman, gathered in a venerable castle on the Thames River to lament the fact that in today's capitalism, there is too little left over for the lower income classes.

mercoledì 29 ottobre 2014

Secret Trade in Services Agreement (TISA) – Financial Services Annex

(TISA) – Financial Services Annex

JZ Liszkiewicz
JZ Liszkiewicz

Secret Trade in Services Agreement (TISA) – Financial Services Annex

Today, WikiLeaks released the secret draft text for the Trade in Services Agreement (TISA) Financial Services Annex, which covers 50 countries and 68.2% of world trade in services. The US and the EU are the main proponents of the agreement, and the authors of most joint changes, which also covers cross-border data flow. In a significant anti-transparency manoeuvre by the parties, the draft has been classified to keep it secret not just during the negotiations but for five years after the TISA enters into force.
Despite the failures in financial regulation evident during the 2007-2008 Global Financial Crisis and calls for improvement of relevant regulatory structures, proponents of TISA aim to further deregulate global financial services markets. The draft Financial Services Annex sets rules which would assist the expansion of financial multi-nationals – mainly headquartered in New York, London, Paris and Frankfurt – into other nations by preventing regulatory barriers. The leaked draft also shows that the US is particularly keen on boosting cross-border data flow, which would allow uninhibited exchange of personal and financial data.

Why Do Banks Want Our Deposits?


Economy  

Why Do Banks Want Our Deposits? Hint: It’s Not to Make Loans.


Janet Yellen, set to be appointed on Wednesday as the first women head of the US Federal Reserve, is expected to go easy on winding down the easy-money policy which is oiling the US and other economies
 
Many authorities have said it: banks do not lend their deposits. They create the money they lend on their books.
Robert B. Anderson, Treasury Secretary under Eisenhower, said it in 1959:
When a bank makes a loan, it simply adds to the borrower’s deposit account in the bank by the amount of the loan. The money is not taken from anyone else’s deposits; it was not previously paid in to the bank by anyone. It’s new money, created by the bank for the use of the borrower.
The Bank of England said it in the spring of 2014, writing in its quarterly bulletin:
The reality of how money is created today differs from the description found in some economics textbooks: Rather than banks receiving deposits when households save and then lending them out, bank lending creates deposits.
. . . Whenever a bank makes a loan, it simultaneously creates a matching deposit in the borrower’s bank account, thereby creating new money.
All of which leaves us to wonder: If banks do not lend their depositors’ money, why are they always scrambling to get it? Banks advertise to attract depositors, and they pay interest on the funds. What good are our deposits to the bank?
The answer is that while banks do not need the deposits to create loans, they do need to balance their books; and attracting customer deposits is usually the cheapest way to do it.

Reckoning with the Fed
Ever since the Federal Reserve Act was passed in 1913, banks have been required to clear their outgoing checks through the Fed or another clearinghouse. Banks keep reserves in reserve accounts at the Fed for this purpose, and they usually hold the minimum required reserve. When the loan of Bank A becomes a check that goes into Bank B, the Federal Reserve debits Bank A’s reserve account and credits Bank B’s. If Bank A’s account goes in the red at the end of the day, the Fed automatically treats this as an overdraft and lends the bank the money. Bank A then must clear the overdraft.
Attracting customer deposits, called “retail deposits,” is a cheap way to do it. But if the bank lacks retail deposits, it can borrow in the money markets, typically the Fed funds market where banks sell their “excess reserves” to other banks. These purchased deposits are called “wholesale deposits.”
Note that excess reserves will always be available somewhere, since the reserves that just left Bank A will have gone into some other bank. The exception is when customers withdraw cash, but that happens only rarely as compared to all the electronic money flying back and forth every day in the banking system.
Borrowing from the Fed funds market is pretty inexpensive – a mere 0.25% interest yearly for overnight loans. But it’s still more expensive than borrowing from the bank’s own depositors.

Squeezing Smaller Banks: Controversy Over Wholesale Deposits
That is one reason banks try to attract depositors, but there is another, more controversial reason. In response to the 2008 credit crisis, the Bank for International Settlements (Basel III), the Dodd-Frank Act, and the Federal Reserve have limited the amount of wholesale deposits banks can borrow.
The theory is that retail deposits are less likely to flee the bank, since they come from the bank’s own loyal customers. But as observed by Warren Mosler (founder of Modern Monetary Theory and the owner of a bank himself), the premise is not only unfounded but is quite harmful as applied to smaller community banks. A ten-year CD (certificate of deposit) bought through a broker (a wholesale deposit) is far more “stable” than money market deposits from local depositors that can leave the next day. The rule not only imposes unnecessary hardship on the smaller banks but has seriously limited their lending. And it is these banks that make most of the loans to small and medium-sized businesses, which create most of the nation’s new jobs. Mosler writes:
The current problem with small banks is that their cost of funds is too high. Currently the true marginal cost of funds for small banks is probably at least 2% over the fed funds rate that large ‘too big to fail’ banks are paying for their funding. This is keeping the minimum lending rates of small banks at least that much higher, which also works to exclude borrowers because of the cost.
The primary reason for the high cost of funds is the requirement for funding to be a percentage of the ‘retail deposits’. This causes all the banks to compete for these types of deposits. While, operationally, loans create deposits and there are always exactly enough deposits to fund all loans, there are some leakages. These leakages include cash in circulation, the fact that some banks, particularly large money center banks, have excess retail deposits, and a few other ‘operating factors.’ This causes small banks to bid up the price of retail deposits in the broker CD markets and raise the cost of funds for all of them, with any bank considered even remotely ‘weak’ paying even higher rates, even though its deposits are fully FDIC insured.
Additionally, small banks are driven to open expensive branches that can add over 1% to a bank’s true marginal cost of funds, to attempt to attract retail deposits. So by driving small banks to compete for a relatively difficult to access source of funding, the regulators have effectively raised their cost of funds.
Mosler’s solution is for the Fed to lend unsecured and in unlimited quantities to all member banks at its target interest rate, and for regulators to drop all requirements that a percentage of bank funding be retail deposits.

The Public Bank Solution
If the Fed won’t act, however, there is another possible solution – one that state and local governments can embark upon themselves. They can open their own publicly-owned banks, on the model of the Bank of North Dakota (BND). These banks would have no shortage of retail deposits, since they would be the depository for the local government’s own revenues. In North Dakota, all of the state’s revenues are deposited in the BND by law. The BND then partners with local community banks, sharing in loans, providing liquidity and capitalization, and buying down interest rates.
Largely as a result, North Dakota now has more banks per capita than any other state. According to a May 2011 report by the Institute for Local Self-Reliance:
Thanks in large part to BND, community banks are much more robust in North Dakota than in other states. . . . While locally owned small and mid-sized banks (under $10 billion in assets) account for only 30 percent of deposits nationally, in North Dakota they have 72 percent of the market. . . .
One of the chief ways BND strengthens these institutions is by participating in loans originated by local banks and credit unions.  This expands the lending capacity of local banks. . . .
BND also provides a secondary market for loans originated by local banks. . . .
Although municipal and county governments can deposit their funds with BND, the bank encourages them to establish accounts with local community banks instead.  BND facilitates this by providing local banks with letters of credit for public funds.  In other states, banks must meet fairly onerous collateral requirements in order to accept public deposits, which can make taking public funds more costly than it’s worth.   But in North Dakota, those collateral requirements are waived by a letter of credit from BND. . . .
Over the last ten years, the amount of lending per capita by small community banks (those under $1 billion in assets) in North Dakota has averaged about $12,000, compared to $9,000 in South Dakota and $3,000 nationally.  The gap is even greater for small business lending.  North Dakota community banks averaged 49 percent more lending for small businesses over the last decade than those in South Dakota and 434 percent more than the national average.
In other states, increased regulatory compliance costs are putting small banks out of business. The number of small banks in the US has shrunk by 9.5% just since the Dodd-Frank Act was passed in 2010, and their share of US banking assets has shrunk by 18.6%. But that is not the case in North Dakota, which has 35 percent more banks per capita than its nearest neighbor South Dakota, and four times as many as the national average. The resilience of North Dakota’s local banks is largely due to their amicable partnership with the innovative state-owned Bank of North Dakota.

Ellen Brown is an attorney, chairman of the Public Banking Institute, and author of twelve books including the bestselling Web of Debt. In her latest book, The Public Bank Solution, she explores successful public banking models historically and globally. She is currently running for California State Treasurer on a state bank platform.

domenica 26 ottobre 2014

New York Fed's Conference Evokes Violent Thoughts

New York Fed's Conference Evokes Violent Thoughts Against Wall Street

Tyler Durden's picture


http://www.zerohedge.com/news/2014-10-24/banker-suicides-return-dsks-hedge-fund-partner-jumps-23rd-floor-apartment 
What the New York Fed attempted to pull off this past Monday with its full-day conference for the execs of wayward Wall Street banks was a public relations stunt to switch the national debate from its culture to Wall Street’s culture. Styled as a “Workshop on Reforming Culture and Behavior in the Financial Services Industry,” the event came less than a month after ProPublica and public radio’s “This American Life” released internal tape recordings made by a former New York Fed bank examiner, Carmen Segarra, revealing a regulator with no bark or bite.
ProPublica’s Jake Bernstein wrote that the tapes and a confidential report by an outside consultant demonstrated the New York Fed’s “history of deference to banks.”
But there is far more to this story. Wall Street banking executives, who elect two-thirds of the Board of Directors of the New York Fed and have frequently served on its Board, have structured the institution to be its sycophant. Consider the fact that Jamie Dimon, CEO of JPMorgan Chase, sat on the Board of the New York Fed from 2007 through 2012 as the regulator failed to follow through on three separate staff recommendations that JPMorgan’s Chief Investment Office undergo a thorough investigation, as reported this week by the Federal Reserve System’s Inspector General.
JPMorgan’s Chief Investment Office in 2012 finally owned up to losing $6.2 billion of bank depositors’ money in wild bets on exotic derivatives in London.
A Wall Street regulator, like the New York Fed, which has staff positions called “relationship managers” that are considered senior to, and can bully and intimidate, their bank examiner colleagues, is in no position to be lecturing Wall Street on its culture. Indeed, the culture on Wall Street of “it’s legal if you can get away with it,” grew out of its cozy, crony relationships with its regulators like the New York Fed, an enshrined revolving door at the SEC, self-regulatory bodies delivering hand slaps and its own private justice system to keep its secrets shielded from the public’s view.
To suggest that a one-day conference and a few speeches are going to make a dent in a structure intentionally created to deliver heads we win, tails you lose on behalf of Wall Street interests is deeply insulting – especially coming from the New York Fed, the target of future Senate hearings on its own culture.
The seriousness with which disciplinary lectures by the New York Fed are taken by the big Wall Street players is evidenced by those who snubbed Monday’s conference – namely, the CEOs of the serial miscreants. Not in attendance, according to the participant list released by the New York Fed were: JPMorgan CEO, Jamie Dimon; Citigroup CEO Michael Corbat; and Goldman Sachs CEO Lloyd Blankfein.
William Dudley, President of the New York Fed, whose wife receives $190,000 a year in deferred compensation from JPMorgan where she was previously employed as a Vice President, sized up the loathsome regard that Wall Street now holds in the public mind as follows:
“Since 2008, fines imposed on the nation’s largest banks have far exceeded $100 billion. The pattern of bad behavior did not end with the financial crisis, but continued despite the considerable public sector intervention that was necessary to stabilize the financial system. As a consequence, the financial industry has largely lost the public trust. To illustrate, a 2012 Harris poll found that 42 percent of people responded either ‘somewhat’ or ‘a lot’ to the statement that Wall Street ‘harms the country’; furthermore, 68 percent disagreed with the statement: ‘In general, people on Wall Street are as honest and moral as other people.’ ”
Further cementing that public distrust, the media was barred from attending Monday’s conference at the New York Fed. Press members who nonetheless reported on the event evoked a recurring theme of violent acts to deal with incorrigible actors.
Aaron Elstein at Crain’s New York used an analogy comparing the Fed to the 15th century Vatican which dealt with a problem it was having by calling a big conference and burning alive the outlier and casting his remains into the Rhine.
This thought about the conference constituted the first paragraph of Bartlett Naylor’s reporting at Huffington Post: “The Roman army responded to desertion by randomly executing a tenth of those soldiers remaining. They called it decimation, derived from the word ‘tenth.’ This discipline, of course, prompted all soldiers to police against desertion so as to save their own skins.”
Jon Hilsenrath at the Wall Street Journal was thinking along similar lines. Hilsenrath reflected on the book, Manias, Panics, and Crashes, which carries a chapter by University of Chicago Professor Robert Aliber in its revised sixth edition. Hilsenrath quotes as follows from the book: “At the time of the South Sea Bubble, (Lord) Molesworth, then a member of the (British) House of Commons, suggested that parliament should declare the directors of the South Sea Company guilty of parricide and subject them to the ancient Roman punishment of that transgression – to be sewn into sacks, each with a monkey and a snake, and drowned.”
Business media is not the only source pondering violence against Wall Street scoundrels. This summer, venture capitalist, Nick Hanauer,worried aloud to his fellow plutocrats in Politico Magazine about when public anger might spill over into pitchforks. Hanauer writes:
“What everyone wants to believe is that when things reach a tipping point and go from being merely crappy for the masses to dangerous and socially destabilizing, that we’re somehow going to know about that shift ahead of time. Any student of history knows that’s not the way it happens. Revolutions, like bankruptcies, come gradually, and then suddenly. One day, somebody sets himself on fire, then thousands of people are in the streets, and before you know it, the country is burning. And then there’s no time for us to get to the airport and jump on our Gulfstream Vs and fly to New Zealand. That’s the way it always happens. If inequality keeps rising as it has been, eventually it will happen. We will not be able to predict when, and it will be terrible—for everybody. But especially for us.”
There are currently a stunning 8,477 comments under the article. The following two, listed together, capture the current divide between Main Street and Wall Street:
Betsarama: “Thank you! Exactly. My father had a saying with regard to how much he charged and what his company earned, and that was ‘Enough.’ People loved him for his intelligence, simplicity and hard work. That’s American. Being filthy stinking rich — what is there to admire?”
Crapulous Mass responds: “One of the beauties to being filthy stinking rich is really not having to care what others think of you.”
This might well explain why Dimon, Corbat and Blankfein snubbed the lectures on Monday.

Deutsche Bank lawyer found dead in New York

Deutsche Bank lawyer found dead in New York

Reuters



http://www.reuters.com/article/2014/10/25/us-deutsche-bank-suicide-idUSKCN0IE08U20141025


BERLIN - A senior Deutsche Bank regulatory lawyer has been found dead in New York after committing suicide, New York City officials said on Saturday.
Calogero Gambino, 41, was found on the morning of Oct. 20 at his home in the New York borough of Brooklyn and pronounced dead on the scene, according to New York City police. A man walks past Deutsche Bank offices in London December 5, 2013.© REUTERS/Luke MacGregor A man walks past Deutsche Bank offices in London December 5, 2013.

Gambino was an associate general counsel and a managing director who worked for the German bank for 11 years, according to the Wall Street Journal, which first reported his death.
He had been closely involved in negotiating legal issues for Deutsche Bank such as a probe by regulators of banks over allegations they manipulated the Libor benchmark interest rate as well as currency markets.
Gambino was also an associate at a private law firm and a regulatory enforcement lawyer between 1997 and 1999, the Journal said, citing Gambino's LinkedIn profile and conference biographies.
He died by hanging, said Julie Bolcer, spokeswoman for the New York City Office of Chief Medical Examiner. The manner of death was suicide.
"Charlie was a beloved and respected colleague who we will miss," said Deutsche Bank in a statement. "Our thoughts and sympathy are with his friends and family."
Deutsche, Germany's biggest lender, has already paid 6 billion euros (4.78 billion pounds) in fines and settlements in the past two and a half years. It expects to post litigation costs of 894 million euros alone for the third quarter of 2014.
Earlier this year, former Deutsche Bank manager William Broeksmit, who had close ties to co-chief executive Anshu Jain, had been found dead at his London home in what also appeared to have been a suicide.

(Reporting by Thomas Atkins; Additional reporting by Mary Wisniewski; Writing by Andreas Cremer; Editing by William Hardy and Raissa Kasolowsky)

Banker Suicides Return: DSK's Hedge Fund Partner

(Note: the international list don't include the Italian suicides: the CEO of the Italian Bank Sella and of the officer from Bank MontePaschi)


Banker Suicides Return: DSK's Hedge Fund Partner Jumps From 23rd Floor Apartment

Tyler Durden's picture


http://www.zerohedge.com/news/2014-10-24/banker-suicides-return-dsks-hedge-fund-partner-jumps-23rd-floor-apartment
The summer, thankfully, has been largely bereft of the dismal trend of bankers committing suicide, but as Bloomberg reportsThierry Leyne, a French-Israeli banker and partner of Dominique Strauss-Kahn, the disgraced former chief of the IMF, was found dead Thursday after apparently taking his own life by jumping off the 23rd floor of one of the Yoo towers, a prestigious residential complex in Tel Aviv. This is the 16th financial services executive death this year.


Bloomberg reports that Thierry Leyne, the French-Israeli entrepreneur who last year started an investment firm with former International Monetary Fund Managing Director Dominique Strauss-Kahn, has died. He was 48.
Leyne died yesterday in Tel Aviv, according to his assistant at the firm, who asked not to be identified. Le Figaro newspaper reported that he committed suicide.

Last year, Leyne joined Strauss-Kahn in establishing the Paris-traded firm Leyne, Strauss-Kahn & Partners after the former IMF head bought a 20 percent stake to help develop the investment-banking franchise of Leyne’s company, Luxembourg-based Anatevka SA. Leyne had taken Anatevka public in March 2013 before joining forces with Strauss-Kahn, commonly referred to in France as DSK.

The new partnership -- usually called LSK & Partners by using both men’s initials -- was part of Strauss-Kahn’s efforts to rebuild his post-IMF life after he was charged in 2011 of criminal sex, attempted rape, sexual abuse, unlawful imprisonment and the forcible touching of a chambermaid at the Sofitel hotel in Manhattan. Strauss-Kahn denied the charges, which were later dropped. He settled the maid’s lawsuit in 2012.
Mr. Leyne, 48, jumped off the 23rd floor of one of the Yoo towers, a prestigious residential complex, according to Israeli officials.
Leyne, who resided in Tel Aviv, built his career as a financier in France, Israel and Luxembourg. He founded the investment firm Assya Capital in 1994 and listed it on Euronext in Paris in 2001. Leyne merged the business with Global Equities Capital Markets in 2010 to provide financial advice and private banking to clients in eastern Europe, Le Figaro reported.

Anatevka, which had a market value of 50 million euros ($63 million) when Strauss-Kahn purchased his stake, controlled the merged entity, known as Assya Compagnie Financiere, offering asset management, brokerage, corporate finance and capital investment. Anatevka had a staff of about 100 people in six countries -- Luxembourg, Belgium, Monaco, Israel, Switzerland and Romania -- in September 2013.

In 1996, Leyne founded the company Axfin, one of the first independent investment firms in France, according to the website of Assya Capital. Axfin listed on the Paris stock exchange in 1999 before it was bought by Nuremberg, Germany-based Consors Discount Broker AG. Leyne was the supervisory board chairman of Consors France until the end of 2002.

Leyne was born in September 1965, according to French public records. He held French and Israeli citizenship, Figaro said. He had an engineering degree from the Israel Institute of Technology in Haifa, his LinkedIn profile shows.
*  *  *
This is the 16th financial services executive death this year...
1 - William Broeksmit, 58-year-old former senior executive at Deutsche Bank AG, was found dead in his home after an apparent suicide in South Kensington in central London, on January 26th.
2 - Karl Slym, 51 year old Tata Motors managing director Karl Slym, was found dead on the fourth floor of the Shangri-La hotel in Bangkok on January 27th.
3 - Gabriel Magee, a 39-year-old JP Morgan employee, died after falling from the roof of the JP Morgan European headquarters in London on January 27th.
4 - Mike Dueker, 50-year-old chief economist of a US investment bank was found dead close to the Tacoma Narrows Bridge in Washington State.
5 - Richard Talley, the 57 year old founder of American Title Services in Centennial, Colorado, was found dead earlier this month after apparently shooting himself with a nail gun.
6 - Tim Dickenson, a U.K.-based communications director at Swiss Re AG, also died last month, however the circumstances surrounding his death are still unknown.
7 - Ryan Henry Crane, a 37 year old executive at JP Morgan died in an alleged suicide just a few weeks ago.  No details have been released about his death aside from this small obituary announcement at the Stamford Daily Voice.
8 - Li Junjie, 33-year-old banker in Hong Kong jumped from the JP Morgan HQ in Hong Kong this week.
9 - James Stuart Jr, Former National Bank of Commerce CEO, found dead in Scottsdale, Ariz., the morning of Feb. 19. A family spokesman did not say whatcaused the death
10 - Edmund (Eddie) Reilly, 47, a trader at Midtown’s Vertical Group, commited suicide by jumping in front of LIRR train
11 - Kenneth Bellando, 28, a trader at Levy Capital, formerly investment banking analyst at JPMorgan, jumped to his death from his 6th floor East Side apartment.
12 - Jan Peter Schmittmann, 57,the former CEO of Dutch bank ABN Amro found dead at home near Amsterdam with wife and daughter.
13 - Li Jianhua, 49, the director of China's Banking Regulatory Commission died of a sudden heart attack
14 - Lydia _____, 52 - jumped to her suicide from the 14th floor of Bred-Banque Populaire in Paris
15 - Julian Knott, 45 - killed wife and self with a shotgun in Jefferson Township, New Jersey
16 - Thierry Leyne, 48 - jumped from 23rd floor apartment in Tel Aviv.

sabato 25 ottobre 2014

TEL AVIV: French-Israeli banker dies in apparent suicide

French-Israeli banker with ties to disgraced former IMF chief Strauss-Kahn dies in apparent suicide http://www.jpost.com/International/French-Israeli-banker-with-ties-to-disgraced-former-IMF-chief-Strauss-Kahn-dies-in-apparent-suicide-379732

Dominique Strauss-Kahn
Dominique Strauss-Kahn, the former head of International Monetary Fund, leaves a New York courthouse. (photo credit:REUTERS)

A top business associate of former International Monetary Fund chief Dominique Strauss-Kahn committed suicide in Tel Aviv on Thursday, according to numerous reports.

Thierry Leyne, a banker who held dual French and Israeli citizenship, reportedly leapt to his death from his 23rd-floor luxury apartment in central Tel Aviv. He was 48 years old.

According to The New York Times, Leyne and Strauss-Kahn formed an investment banking firm, LSK and Partners, last year.

Strauss-Kahn began work last year as economic adviser to the Serbian government, his latest incarnation since a sex scandal cost him his job and ruined his French presidential ambitions.

Strauss-Kahn who has been initially engaged for three months and will take no salary, told a news conference that he and his team had "no magic wand or silver bullet" for the shaky economy of the European Union candidate.

venerdì 24 ottobre 2014

Separate Entity Rule in Banking Context

Court Affirms Separate Entity Rule in Banking Context

, New York Law Journal
ALBANY - A New York bank may not be compelled to garnish the funds of a debtor that are being held in accounts of the bank's own foreign branches, a divided Court of Appeals ruled Thursday.
The court's 5-2 determination affirmed the state's "separate entity" rule, which the majority said is crucial to New York's banking industry and to retaining its place of "preeminence in global financial affairs."
"The doctrine has been a part of the common law of New York for nearly a century," Judge Victoria Graffeo (See Profile) wrote for the majority in Motorola Credit Corp. v. Standard Chartered Bank, 162. "Courts have repeatedly used it to prevent the postjudgment restraint of assets situated in foreign branch accounts based solely on the service of a foreign bank's New York branch."
The doctrine promotes international comity and also serves to "avoid conflicts among competing legal systems," Graffeo added.
The court's determination came in response to a certified question from the U.S. Court of Appeals for the Second Circuit. The federal court inquired whether the separate entity rule precludes a judgment creditor from ordering a garnishee bank that has branches in New York to restrain the assets of a debtor that are in foreign branch. The state Court of Appeals answered the question in the affirmative.
The separate entity rule holds that even when a garnishee bank with a New York branch is subject to personal jurisdiction, its other branches are to be treated as separate entities for prejudgment attachments and postjudgment turnover notices under CPLR Article 52.
The case involves Motorola's attempts to recoup a $3 billion-plus judgment against Cem Uzan and his relatives that was entered in the Southern District of New York in 2003 inMotorola Credit Corp. v. Uzan, 274 F Supp 2d 481. At that time, Judge Jed Rakoff wrote of the Turkish Uzan family, "I think the proof is very strong that the Uzans are business imperialists of the worst kind, in that they will go to any lengths, including fraud and racketeering, to preserve their business empire."
Motorola said it provided more than $2 billion in financing to a telecommunications company in Turkey that ended up being used for other purposes by the Uzan family. In 2006, a judgment of $1 billion in damages was also entered in the Southern District against the Uzans.
As part of its quest for Uzan assets to seize, Motorola sued Standard Chartered Bank, an institution based in the United Kingdom which has branches in New York. Motorola sought $30 million in Uzan assets held by a Standard Chartered bank in branches in the United Arab Emirates.
The bank froze the assets, but bank regulators in both Jordan and the United Arab Emirates intervened. The U.A.E.'s Central Bank debited $30 million from the Standard Chartered Bank's accounts to offset the assets frozen by the bank at Motorola's behest.
In its ruling Thursday, the majority of the Court of Appeals said the "regulatory and financial repercussions" that the Standard Chartered Bank encountered with U.A.E.'s Central Bank reflects the upheaval that New York's separate entity doctrine has been credited with preventing.
"In essence, SBC was placed in the difficult position of attempting to comply with the contradictory directive of multiple sovereign nations," Graffeo wrote.
Abolishing the separate entity rule, as Motorola urged the court to do, would result in "serious consequences in the realm of international banking" and threaten New York's place of prominence in global finance, Graffeo said.
Chief Judge Jonathan Lippman (See Profile) and Judges Susan Phillips Read (See Profile), Robert Smith (See Profile) and Jenny Rivera (See Profile) joined in the ruling.

Dissent

Judge Sheila Abdus-Salaam (See Profile), joined by Judge Eugene Pigott Jr. (See Profile), wrote in a dissent that the majority's ruling formally adopts the separate entity rule for post-judgment enforcement proceedings under Article 52 of the CPLR, even though the rule has no statutory basis and appears to run contrary to the responsibilities expected of banks and other large corporations in a global age.
"Today's holding permits banks doing business in New York to shield customer accounts held in branches outside of this country, thwarts efforts by judgment creditors to collect judgments, and allows even the most egregious and flagrant judgment debtors to make a mockery of our courts' duly entered judgments," Abdus-Salaam wrote.
She also said the ruling is inconsistent with the Court of Appeals' own decision in Koehler v. Bank of Bermuda, 12 NY3d 553 (2009), which held that the Legislature intended CPLR Article 52 to have "extraterritorial reach" when it comes to the turnover of out-of-state assets to judgment debtors and garnishees (NYLJ, June 5, 2009).
The existence of the separate entity rule was first noted in an Appellate Division, First Department ruling in 1916,Chrzanowska v. Corn Exch. Bank, 173 App Div 285. Its first application in a post-judgment context appeared to come in 1943 in Walsh v. Bustos, 46 NYS2d 240 (City Ct., NY County), the Court of Appeals noted in its ruling. By the 1950s and 1960s, rulings were referring to the doctrine as "well established," the court said.
Graffeo wrote that the Court of Appeals' only previous pronouncements in cases on the separate entity rule came in two cases without opinions, Chrzanowska v. Corn Exch. Bank, 225 NY 728 (1919), and McCloskey v. Chase Manhattan Bank, 11 NY2d 936 (1962).
Howard Stahl, a senior litigation counsel at Fried, Frank, Harris, Shriver & Jacobson in Washington, D.C., argued for Motorola.
Bruce Clark, of counsel at Sullivan & Cromwell who is representing the Standard Chartered Bank said in a statement that the ruling affirmed "that international banks should not be placed in the untenable position of attempting to comply with the contradictory directions of multiple sovereign nations."
Among the groups filing amicus briefs were the governments of Great Britain and Northern Ireland, the Institute of International Bankers, the Securities Industry and Financial Markets Association and the New York City Bar Association's Committee on Banking Law.
The city bar committee urged the state court to affirm the separate entity rule, saying it is "so woven into the fabric of New York banking law that its endorsement by this court is essential for a prudent administration" of banking laws.
Similarly, the brief filed on behalf of the British and Northern Irish governments by Cravath, Swaine & Moore partner Timothy Cameron urged the court to recognize the separate entity rule as blocking the garnishment attempt of the Standard Chartered Bank.
@|Joel Stashenko can be reached via email or on Twitter @JoelStashenko.

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