Wednesday, August 17, 2022

Bill Gates and the secret push to save Biden's climate bill

The billionaire philanthropist was among those quietly lobbying Joe Manchin, starting before Biden took the White House. A look at the influencers who secured a rare climate win.


Akshat Rathi and Jennifer A Dlouhy
Publishing date: Aug 16, 2022 

Joe Manchin and Chuck Schumer at in the Eisenhower Executive Office Building in March. 
PHOTO BY CHIP SOMODEVILLA 


LONG READ


(Bloomberg) — It was the middle of July — with temperatures surging through one of the hottest summers in US history, half of the country in drought — and the Senate’s all-important member, Joe Manchin of West Virginia, had slammed the brakes on legislation to combat global warming. Again.

That’s when billionaire philanthropist and clean-energy investor Bill Gates got on the phone with Senate Majority Leader Chuck Schumer, whose job it was to hold together the Democrats’ no-vote-to-spare majority.

One of the world’s richest men felt he had to give one of the nation’s most powerful lawmakers a little pep talk. “[Schumer] said to me on one call that he’d shown infinite patience,” Gates recounted in an interview last week, describing for the first time his personal effort to keep climate legislation alive.

“You’re right,” Gates told Schumer. “And all you need to do is show infinite plus one patience.”

Gates was banking on more than just his trademark optimism about addressing climate change and other seemingly intractable problems that have been his focus since stepping down as Microsoft’s chief executive two decades ago. As he revealed to Bloomberg Green, he has quietly lobbied Manchin and other senators, starting before President Joe Biden had won the White House, in anticipation of a rare moment in which heavy federal spending might be secured for the clean-energy transition.

Those discussions gave him reason to believe the senator from West Virginia would come through for the climate — and he was willing to continue pressing the case himself until the very end. “The last month people felt like, OK, we tried, we’re done, it failed,” Gates said. “I believed it was a unique opportunity.” So he tapped into a relationship with Manchin that he’d cultivated for at least three years. “We were able to talk even at a time when he felt people weren’t listening.”

Few had any idea at this time that talks remained open at all. In addition to Gates, an ad hoc group of quiet Manchin influencers sprang into action just when climate legislation seemed out of reach. Schumer’s office credited the bill’s passage to persistence and otherwise declined to comment.

Collin O’Mara, chief executive officer of the National Wildlife Federation, recruited economists to assuage Manchin’s concerns — including representatives from the University of Chicago and the Wharton School of the University of Pennsylvania. Senator Chris Coons of Delaware brought in a heavyweight: former Treasury Secretary Lawrence Summers, who has spent decades advising Democrats.

The economists were able to “send this signal that [the bill’s] going to help with the deficit,” O’Mara said. “It’s going to be slightly deflationary and it’s going to spur growth and investment in all these areas.” Through this subtle alchemy, clean-energy investments could be reframed for Manchin as a hedge against future spikes in oil and gas prices and a way to potentially export more energy to Europe.

That additional patience and pushing helped send a history-making climate bill through Congress. The Inflation Reduction Act, sponsored by Manchin and Schumer, includes $374 billion in new spending to speed up clean-energy deployment, incentivize consumer purchases of electric cars, and boost other green priorities (alongside expanded federal mandates for oil and gas development).

Now Biden has signed it into law. “I am confident this bill will endure as one of the greatest legislative feats in decades,” said Schumer at the signing on Tuesday. Doing so secures a landmark victory for Democrats, who acted in unison without a single Republican vote, and delivers on the climate agenda that formed a part of the president’s campaign promises.

It’s by far the biggest financial commitment the US government has ever made to fight climate change. The emissions reductions that will result from this law will be roughly the same as eliminating the annual planet-warming pollution of France and Germany combined, or about 2.5% of the total global greenhouse gas output, according to researchers who specialize in climate modeling. It might be just about enough to revive the virtually left-for-dead goal of limiting warming to 1.5° Celsius, as enshrined in the Paris Agreement.

But this turning point almost didn’t happen. Perhaps more than any previous moment in the effort to reverse rising temperatures, this one hinged on a handful of personalities and interpersonal relationships. This is the story of how quiet back-channeling helped shape the climate policies in the new law.

The Bill Behind the Bill


Gates started wooing Manchin and other senators who might prove pivotal for clean-energy policy in 2019 over a meal in Washington DC. “My dialogue with Joe has been going on for quite a while,” Gates said. “Almost everyone on the energy committee” — of which Manchin was then the senior-most Democrat — “came over and spent a few hours with me over dinner.”

With President Donald Trump in the White House, there was little prospect the dinner would turn into sweeping policy. Still, the evening was organized around a very Bill Gates theme: “The role of innovation in climate,” he recalled of the discussion. “How the US was really the only country, given how quickly this needs to get done, that has that innovation power in our universities, our national labs, our risk-taking ability.”

Gates asserted to the senators that the world needed American innovation unleashed if there was any hope of halting climate change, and it needed to start with leadership in Washington DC. “We’ve seen in industry after industry how that matters.”

But innovations that start in university labs often need even more government support to reach mass adoption, according to the way Gates sees things. Take a startup making carbon-free cement — success means bringing to market a product that’s as much as three times as expensive as normal cement.

This is no hypothetical for Gates. His investments through Breakthrough Energy, the Gates organization that does climate work, has sunk at least tens of millions into green cement startups such as Ecocem, Chement and Brimstone. None have yet reached commercial scale. He saw the bankruptcy filing of a battery startup he backed, Aquion, that might have had a fighting chance if energy-storage tax credits were available.

While a carbon tax could level the playing field, the US failed spectacularly when it tried to enact that policy under President Barack Obama. Manchin at the time released a campaign ad in which he shot a bullet into a copy of the cap-and-trade bill favored by many lawmakers in his party.

Tax credits are the other way governments can help overcome what Gates calls the “green premium,” easing the path to commercial adoption. New climate-friendly technologies such as hydrogen, advanced nuclear reactors, carbon capture and sustainable aviation fuel need this kind of support right now. The sum that can be brought to bear by the US government would be “far greater than any individual’s fortune,” said Gates.

This fits with the billionaire’s two general approaches to solving problems: sponsor the necessary innovations himself, and find more money from elsewhere that will multiply the effect of whatever funding he puts up. For example, the Bill and Melinda Gates Foundation seeded the Global Fund to Fight AIDS, Tuberculosis and Malaria with a little over $3 billion — a fraction of the $55 billion spent by the fund from government grants and other philanthropies.

On climate, the Gates playbook has been much the same. He made the case in 2015 that governments spent too little on research and development for energy technologies. In the shadow of that year’s Paris Agreement, Gates won a smaller pact among the US and 20 other countries to double funding for clean-energy research within five years.

Gates knew he would need to ensure green innovations reach scale, so in 2015 he also moved to launch Breakthrough Energy. Alongside the venture arm, the operation also includes a science arm that produces reports as well as a lobbying arm that pushes for government policies. Gates has committed to give away “virtually all” of his $123 billion wealth to his foundation, and any money he makes on startup investments will also be ploughed back into his climate work.

Breakthrough was up and running when Biden took the White House. Within months, the president had unveiled two big bills: the Infrastructure Investment and Jobs Act, and the Build Back Better Act. The infrastructure bill, with at least $80 billion in energy-transition spending, passed with relative ease in the Senate; 19 Republican senators voted in favor. It later passed the House after months of progressives holding it hostage to pressure Manchin on social spending.

But most of the climate spending — initially as much as $555 billion — was in a draft of BBB that attracted zero Republican support. That made Manchin’s vote absolutely necessary.

What happened next has become rather infamous for anyone who has followed the legislative politics of Washington over the past 18 months. As the crucial 50th vote for the Senate’s bare Democratic majority, Manchin held unmatched sway over negotiations that dragged on and on as progressives tried to force his to accept a $2.2 trillion version of the agenda. And then everything crashed to a halt.

On December 19, Manchin appeared on Fox News to announce that he wasn’t willing to support BBB because of his concerns over national debt, inflation, the Omicron variant of the Covid-19 pandemic, and geopolitical uncertainty with China and Russia. It emerged that he had months earlier signed a secret document with Schumer setting out his conditions: smaller spending, anti-inflation actions from the Fed, no “handouts” to low-income individuals.

In January, a few weeks later, Gates said he had lunch with the senator and his wife, Gayle Conelly Manchin, in a Washington DC restaurant. The trio talked about the needs of West Virginia, the center of the US coal industry. Gates suggested that, if coal power plants and mining jobs are eliminated, perhaps those workers can build new small nuclear power plants, including ones from a company he founded called TerraPower. (Representatives for Manchin did not respond to requests for comment.)

“I kept trying because I just didn’t see another chance,” Gates said. “That tax credit piece wasn’t going to show up. Except in this one path.”

In the background, somewhat obscured by the loud protests of activists who kayaked up to Manchin’s house boat in D.C. or visited him in West Virginia, envoys from Biden and manufacturing interests pursued a different tactic: presenting carefully picked demonstrations of how clean-energy spending could be a boon for his coal-and-gas state. In March, for instance, two cabinet officials descended on the West Virginia Regional Technology Park in South Charleston to herald plans by startup Sparkz Inc. to build batteries there. Steel of West Virginia Inc. and FerroGlobe PLC made news about solar manufacturing in the state.

But fast-spreading worries about inflation had Manchin’s attention, and on Feb. 1 he declared that Build Back Better was “dead.” Any attempts to pass a climate bill would have to start from scratch. Most observers focused on the end of what had been an enormous chunk of Biden’s agenda.

A sense of bitterness set into public discussions of the climate bill, another example of political gridlock. “I wouldn’t have wanted to be in his position,” Gates said. “The last six months have been challenging, even just getting in his car and trying to live a normal life.” But the billionaire didn’t believe it was over quite yet.

Five months later, Schumer and Manchin had in fact found a way to make progress on an all-new bill. On July 7, Manchin was spotted at the Sun Valley media conference that draws power brokers to Idaho each year. Gates also attended and met with the senator again. “We had a talk about what was missing, what needed to be done,” Gates recalled. “And then after that it was a lot of phone calls.”

Although Democrats still had a few months under congressional budget rules to ram legislation through the Senate with only 50 votes, lawmakers were preparing to leave for a month-long recess. And Democratic leaders were relying on the same bill — with or without clean energy tax credits — to extend Obamacare health insurance subsidies before they lapsed. If the legislation didn’t get done before the August break, the opportunity could close for good, especially if Republicans take control of the House or Senate in the November midterm elections.

That pressure drove Schumer to insist on moving quickly, Manchin pushed back, and once again talks collapsed on July 14. Machin told a local radio host in West Virginia that he was wary of adding to inflation that was running at record highs, including a 9.1% spike in the price of gas, groceries and goods in June. So he ruled out passing tax and climate provisions before the August recess.

There was widespread dismay — even tears — among climate activists and hardened energy lobbyists alike. It had seemed that a shrunken-down version of the bill was close at hand, and then the climate provisions were dead once more. One lobbyist who’d been working on renewable tax credits called it a “gut punch.”

Without the Senate, Biden vowed to take executive action. White House officials drew up plans for him to declare a climate emergency that would unlock presidential powers to spur clean energy without help from Congress. Senator Martin Heinrich, a Democrat from New Mexico, questioned why Manchin still had his gavel as chair of the influential energy committee.

“Joe Manchin was allowed to feel the whole breadth of the blowback that had really been held back up until that point,” said Christy Goldfuss, senior vice president of energy and environment policy with the Center for American Progress and a former adviser to Obama. “Everyone really unleashed the rage.”

It was a moment of reckoning. “Everybody had to kind of look into that abyss together to get their head around the fact that something is better than nothing,” said Heather Zichal, another former Obama climate adviser who now leads the American Clean Power Association.

Several loose coalitions of environmental groups, labor unions and clean-energy interests huddled on strategy and enlisted West Virginia interests to once again highlight the economic potential for Manchin. Some labor and environmental leaders pushed Schumer away from complacency by arguing that unilateral action by Biden was no substitute for hundreds of billions in clean-energy tax credits.

Fredd Krupp of the Environmental Defense Fund cautioned the White House against acting alone. “I had concerns that declaring that would push Manchin away,” he said.

Lobbying Blitz Gave Climate Bill New Life


Of course, it wasn’t just Bill Gates who had put in long months courting Manchin. The BlueGreen Alliance coalition of environmental and labor groups had spent 18 months building a reservoir of trust they could tap now. “We came to a judgment that Manchin legitimately wanted to get something done but he had serious concerns, and those concerns needed to be addressed,” said Jason Walsh, executive director of the alliance. “We believed he was still negotiating in good faith.”

Gates took the same view. “You know, people say Joe likes coal or something like that,” he said, referring to the millions of dollars the senator earned from a company supplying coal. “That’s really not fair. Joe wanted a climate bill.”

Several senators also refused to give up. Senator Ron Wyden, a Democrat from Oregon who heads the tax-writing finance committee, went into salvage mode to reclaim bits of defunct drafts that could be reused. “Every time I would talk to people I would say: ‘We’re going to stay at it until this happens. It’s too important. You don’t get this kind of opportunity all the time.’”

A small club of senators — Wyden called them the “never-say-die caucus,” including Coons and Senator John Hickenlooper of Colorado — worked together to reassure Manchin. “I was listening to every single thing that Joe said that he had a real problem with, and I was trying to address it,” Hickenlooper said.

Two labor groups, the West Virginia AFL-CIO and United Mine Workers of America, drove home the chance to fund black lung health benefits for miners who are legion in Manchin’s home state. They also emphasized provisions that boost tax credits for projects that use American-made materials, pay prevailing wages or are located in the shadow of former coal plants and mines.


Two weeks of throw-everything-at-the-wall lobbying paid off. On July 27, Schumer and Manchin unveiled more than $37 billion in annual spending over the next decade on climate and energy. The tax provisions and drug-pricing reform would contribute to the government’s purse, estimated to reduce the national deficit by $300 billion before 2030.

“If you look at the whole arc — from when he went on Fox News in December to the blow-up in July — the fact that we’re here in this moment is nothing short of remarkable,” Walsh said. “That’s a testament to the persistence of a lot of folks — most importantly, Senator Schumer and Senator Manchin.”

The final law expands tax credits that Gates and others sought to support that reach beyond renewable power and batteries to also encompass nuclear plants, carbon capture technology, sustainable aviation fuels, hydrogen, and upgrading the grid. It includes a tax credit for advanced manufacturing pushed by renewable and auto interests as a way to nurture a domestic production of solar modules and electric vehicles.


“I don’t want to take credit for what went on,” Gates said.

In a win for advanced energy manufacturing, hydrogen and carbon capture, tax credits to support those technologies are made refundable so that developers can collect them as direct payments instead of seeking tax-equity financing from investors. That could help many climate startups access government support, even if they don’t have a tax liability.

But not every would-be influencer found fulfillment in the new climate law. In a blow to solar and wind developers, Manchin resisted entreaties to make the direct pay option widely available, insisting the focus should be on innovative projects and not more established clean-energy technology.

The final bill also contains just a fraction of the green spending originally envisioned in the far larger climate-and-social spending bill passed by the House. Progressive activists, including Evergreen Action, lost their bid to hasten the retirement of coal plants by having the government pay utilities to boost their carbon-free power generation and fine those that fall short.

The law includes requirements — some created by Manchin himself — that would further oil and gas development on federal lands and waters. New renewable power projects on federal lands are contingent on oil and gas leasing over the next decade, and there are mandates to sell drilling rights in the Gulf of Mexico and Alaska’s Cook Inlet. Still, climate researchers project the law would cut 24 tons of carbon emissions for every ton it adds through more oil and gas.

“We need hydrocarbons in the meantime,” Gates said of the boost for fossil fuel.

Also at Manchin’s insistence, automakers also will see new strings attached to electric vehicle tax incentives so they will have to be made in North America and, by 2024, can’t use batteries sourced from China. Labor leaders bemoaned that the final package doesn’t contain much support for workers who lose their jobs in the green transition.

Gates looks back at the new law with satisfaction. He achieved what he set out to do. “I will say that it’s one of the happier moments of my climate work,” Gates said. “I have two things that excite me about climate work. One is when policy gets done well, and this is by far the biggest moment like that.” His other pleasure comes from interviewing people at climate and clean-tech startups: “I hear about this amazing new way to make steel, cement and chemicals.”

There’s been such whiplash from 2016 when, as Gates puts it, green spending from the US government “had dropped to near zero.” Six years later, American climate finance has been “reinvigorated,” and Gates now sees innovation “going way faster than I expected. That’s why I’m optimistic that we will solve this thing.”

Norway's wealth fund loses $174 billion in first half of 2022

A general view of the Norwegian central bank, where Norway's sovereign wealth fund is situated, in Oslo


By Victoria Klesty
Wed, August 17, 2022 

OSLO (Reuters) - Norway's sovereign wealth fund, the world's largest, made a loss of 1.68 trillion Norwegian crowns ($174 billion) in the first half of 2022, it said on Wednesday, as stocks and bonds were hit by global recession fears and rampant price inflation.

The $1.3 trillion fund's return on investment was a negative 14.4% for the January-June period, although that was 1.14 percentage points ahead of the return on its benchmark index.

"The market has been characterised by rising interest rates, high inflation, and war in Europe," said Chief Executive Nicolai Tangen of Norges Bank Investment Management, which operates the fund, in a statement.

"Technology stocks have done particularly poorly with a return of minus 28%," he said.

Founded in 1996, the fund invests revenue from Norway's oil and gas sector and holds stakes in more than 9,300 companies globally, owning 1.3% of all listed stocks.

Its $1.3 trillion valuation approximately equates to the size of the Mexican economy, the world's 16th largest, according to some measures.

All sectors in which the fund invests recorded negative returns in the first half, apart from energy, where returns were 13% as prices soared following Russia's invasion of Ukraine.

Central banks have hiked interest rates aggressively this year to combat inflation, leading to increased borrowing costs and lowered profit margins for corporations.

The tech-heavy Nasdaq Composite and the broader S&P 500 index saw their biggest January-June declines since the financial crisis, while U.S. and European government bond markets had their worst start to any year in decades.

In total, 68.5% of the fund was invested in equities at the end of June, with 28.3% in fixed income, 3.0% in unlisted real estate and 0.1% in unlisted renewable energy infrastructure.

($1 = 9.6716 Norwegian crowns)

(Reporting by Victoria Klesty; Editing by Terje Solsvik and Mark Potter)
U.S. big company oil reserves up 13% since 2017, deals drive recent growth -study

Wed, August 17, 2022

The Bryan Mound Strategic Petroleum Reserve is seen in an aerial photograph over Freeport, Texas



NEW YORK (Reuters) - U.S. oil reserves held by 50 large companies rose by 13% over the five years ended in December, according to an Ernst & Young report released on Wednesday, with mergers and acquisitions contributing most of the recent gain.

Oil reserve estimates, which signal the direction of crude output, climbed to 31.8 billion barrels at the end of last year after plummeting in 2020 as the COVID-19 pandemic forced energy companies to curtail activity.

U.S. reserves were still lower than 2019 levels of 32.5 billion barrels, according to the analysis, which used estimates from 50 publicly traded companies holding the largest U.S. oil and gas reserves.

The upswing in reserves last year was primarily due to larger independent oil and gas companies buying private energy companies and acquiring other reserves. The studied group of companies spent $94 billion to acquire proved and unproved properties.

"That significantly exceeds any other year in the study," said Herb Listen, partner at Ernst & Young. Spending last year on exploration, at about $8 billion, was among the lowest in the studied years.

ConocoPhillips, Chevron Corp, Exxon Mobil Corp, EOG Resources and Occidental Petroleum Corp had the biggest U.S. reserves in 2021.

Oil trading near $90 a barrel is likely to spur interest in new production. But pressure on companies to limit spending, return capital to investors, and address climate concerns will challenge any big push for growth, Listen said.

Companies might reallocate funds towards U.S. oil activity following Russia's invasion of Ukraine, which led Exxon and others to exit Russia, said David Johnston, who leads EY's Strategy and Transactions practice in energy.

Over the five-year period, oil production grew 27% to 3 billion barrels, or the highest output during the study period. Output from large independent producers jumped about 70% and integrated producers output rose by 33%. Small independents dropped by 35% over the same period.

The largest U.S. producers in 2021 were Chevron, ConocoPhillips, Occidental, EOG and Exxon, respectively.
 CRIMINAL CAPITALI$M
N.J. Developer NRIA Told to Expect Charges by SEC, Lawyer Says

By Jacob Adelman
BARRONS
Aug. 16, 2022

The Securities and Exchange Commission has told developer National Realty Investment Advisors that it intends to file charges against the firm, according to an attorney representing the company in its bankruptcy proceedings.

Attorney S. Jason Teele said during a hearing for creditors Tuesday in NRIA’s Chapter 11 bankruptcy case that the New Jersey-based developer received a Wells notice about two months ago. The SEC sends such notices to people or companies ahead of planned enforcement actions to give them an opportunity to argue against charges being filed.

SEC Investigates National Realty Investment Advisors (NRIA) For $630 Million Fraud

July 21, 2022 / By Investment Fraud Lawyers


A cease and desist has been issued against the National Realty Investment Advisors (NRIA) by the New Jersey Bureau of Securities after the determination of a securities fraud from 2018 through 2022, amounting to approximately $630 million.

The NRIA Fund has 1,800 investors from around the country, 380 of them being from New Jersey, as revealed in the cease and desist order summary. The alleged fraud is said to involve selling membership units in the fund in the form of securities.

An investigation into the affairs of NRIA has been launched by Haselkorn & Thibaut, P.A., an investment fraud law firm. Our law firm has over 50 years of experience and represents investors across the country to recover investment losses due to broker fraud and bad investments.

People impacted by the fraud or who need advice on investment loss recovery from NRIA can call our experienced investment fraud lawyers at 1-888-902-6872 for a free consultation.
National Realty Investment Advisors is a bank


ContentsNational Realty Investment Advisors is a bank
It is under investigation by the FBI
It has acquired and developed more than 3,100 luxury residential units
It used investors’ money to pay off other investors

Acting Attorney General Matthew J. Platkin announced a cease and desist order against Secaucus-based National Realty Investment Advisors, LLC. The firm fraudulently sold $630 million worth of securities from 2018 to 2022 to at least 1,800 investors, with 380 of those coming from New Jersey. Arthur Scutaro, an executive vice president, and project manager of NRIA, is one of the company’s executives.

Despite the recent bankruptcy filing, it is unclear exactly how much money NRIA has lost on its projects. The developer, which has projects in Florida, Philadelphia, and New Jersey, has been under investigation by various federal agencies. Founder Brian Casey of The Casey Group, an independent real estate financial advisory firm, is overseeing the chapter 11 case for NRIA. If National Realty doesn’t reorganize soon, it will likely take years to repay investors.

The company acts as a middleman for real estate flippers. In exchange for its services, National Realty receives commissions from the sale of the land, loan spreads, construction fees, and maintenance fees. National Realty also charges a 3.5% fee on the equity of the project and charges monthly property-management fees of $7,500. So the average investor’s income would be a little under $1 million a year.

NRIA, a real estate investment management firm with more than $1.25 billion in AUM, filed a voluntary petition in bankruptcy court in New Jersey on June 7th. National Realty has a large portfolio of 30 completed, 3 near-completion, and 16 projects in planning stages. The total value of NRIA’s properties is $225 million, and future stabilized values are $1 billion. In other words, NRIA’s assets were worth billions when they were completed.
It is under investigation by the FBI

Investors have lost a combined $630 million since the Secaucus. New Jersey-based company started selling investment membership units to the public, promising large returns of up to 20%. However, the firm has now been under investigation by the FBI and the New Jersey Bureau of Securities. According to the Bureau, the company illegally sold $630 million in securities to investors – mainly small investors – and funneled the money to its executives and their families.

The FBI has uncovered a series of illegal activities at the bankrupt firm, which focused on townhome, condo, and multifamily development. As of March 2020, the company had more than $1.25 billion in assets under management. The private company’s website lists more than a dozen projects in Brooklyn and numerous developments outside the city. The FBI has charged one of the company’s portfolio managers, Thomas Nicholas Salzano, also known as Nick Salzano, with aggravated identity theft and wire fraud.

The company’s troubles started on Tuesday when it filed for chapter 11 protection in Newark. As of October 2016, it listed assets between $50 million and $100 million and liabilities ranging from $500 million to $1 billion. The company is also under investigation by the SEC. The investigation follows the revelation that the company misrepresented the properties to investors. The company also failed to pay investors as promised. According to HCV, Minkow recorded an 11-minute telephone conversation with NRIA’s senior project manager Brian Harrington, confirming that he was being paid with funds from new investors.

Although Salzano is the only employee charged in the scandal, the investigation has spread to the entire organization, which is a huge setback for the firm’s reputation. According to Bloomberg, the firm has lost $1.6 billion since 2015. Thankfully, the FBI is not actively investigating the NRIA leadership, but it has begun to investigate all of them. While it’s never easy to work with the FBI, the company’s leadership is now being investigated, and the scandals could cause further harm to the company.
It has acquired and developed more than 3,100 luxury residential units

Since its founding in 2006, National Realty Investment Advisors has delivered exceptional results in supply-constrained and high-barrier-to-entry urban markets. The firm has acquired and developed more than 3,100 luxury residential units and managed more than 2.30 million square feet, totaling $1.125 billion. The firm continues to deliver exceptional results, particularly in the urban market. For this reason, NRIA is consistently ranked among the top investment managers in the country.

The firm’s CEO, Brian Natwick, has over 25 years of experience in the real estate investment and development industry. During that time, he worked at the international accounting firm Ernst & Young. He grew the company from a single building with 2,700 units to a multibillion-dollar portfolio with more than 34,000 units. He is also a certified public accountant.
It used investors’ money to pay off other investors

An investor rights law firm based in Chicago is investigating claims against the New Jersey-based company National Realty Investment Advisors LLC. The company allegedly used investors’ money to pay off other investors and executives. The company is allegedly guilty of fraud, investment loss, and unsuitability. The firm has since filed for bankruptcy. Investors who purchased securities from the company should consider the risks involved before making a decision.

The Securities and Exchange Commission (SEC) has filed a complaint against the company’s principals for a Ponzi scheme. The company’s officers diverted millions of dollars from investors to lavish payments. They also hired family-owned and controlled companies to perform their work. Salzano’s son served as the company’s Chief Financial Officer. Salzano’s wife received a salary for a “no-show” job. He hired family members to work for his company as construction contractors.

Securities and Exchange Commission v. Thomas Nicholas Salzano, 2:21-cv-12189 (D.N.J. filed June 7, 2021)

The Securities and Exchange Commission today charged Thomas Nicholas Salzano, of Secaucus, New Jersey, with using a sham loan document containing a forged signature in a fraudulent attempt to entice a $150,000 investment in a real estate joint venture located in New Jersey.

The FBI raided the Secaucus home of Nick Salzano, the firm’s portfolio manager. The FBI questioned him, and he eventually surrendered. He is now facing multiple federal investigations and is accused of trying to defraud investors by forging a multimillion-dollar loan guarantee from a Silicon Valley woman. During the investigation, the company’s other principals, including Brian Casey, have been placed under the microscope.

According to the complaint, NRIA used the money of nearly 2,000 investors to create shell companies and fund no-show jobs for its corporate leaders. The company did not disclose to investors how their money would be used, and investors were duped into believing that they would earn a return on their investment by investing in a real estate development firm. The company billed investors for development fees and used fake buyers to increase interest in the projects.

About The Author


Investment Fraud Lawyers

Haselkorn and Thibaut, InvestmentFraudLawyers.com, specialize in fighting for investors nationwide and have offices in Florida, New York, Arizona, and Texas. We have over 50 years of experience and a 95% success rate. Call us now for a free consultation at 1-888-614-9356 or email us at case@htattorneys.com No Recovery, no fee.
Pummelled by gas crisis, Germany's Uniper posts $12.5 billion net loss

Christoph Steitz and Tom Käckenhoff
Tue, August 16, 2022 

The logo of German energy utility company Uniper SE is pictured in the company's headquarters in Duesseldorf

FRANKFURT/DUESSELDORF (Reuters) -German utility Uniper, which secured a 15 billion euro state bailout last month, reported a net loss of 12.3 billion euros ($12.5 billion) for the first half, mainly due to lower Russian gas supplies that forced it to buy at higher prices elsewhere.

"Uniper has, for months, been playing a crucial role in stabilising Germany's gas supply - at the cost of billions in losses resulting from the sharp drop in gas deliveries from Russia," Chief Executive Klaus-Dieter Maubach said.

Shares in the company were indicated to open 2.6% lower.

Uniper, Germany's largest importer of Russian gas, said more than half of the net loss was due to significantly reduced gas deliveries from Moscow, which has cut flows via the Nord Stream 1 pipeline to just a fifth.

The loss also includes 2.7 billion euros in impairments related to the cancelled Nord Stream 2 pipeline, which Uniper backed financially, in addition to goodwills of its Russian business Unipro.

"The most urgent task for Uniper is to find alternative gas supplies," Third Bridge analyst Allegra Dawes said, adding it expected deliveries of liquefied natural gas (LNG) via a planned Uniper-led terminal in Wilhelmshaven by the first half of 2023.

As part of the state bailout, Germany will take a 30% stake in Uniper and has pledged 9 billion euros of credit lines via state-lender KfW, 5 billion euros of which have been drawn.

"This will prevent a chain reaction that would do much more damage. Our top priority now is to swiftly implement the stabilisation package," Maubach said.

Uniper expects the package to be approved at an extraordinary general meeting in the autumn.

Uniper also said it was unable to give an outlook for 2022, only saying it expected a loss. Profits are forecast to improve next year and the aim is to leave the "loss zone" in early 2024, Chief Financial Officer Tiina Tuomela said.

($1=0.9821 euros)

(Reporting by Christoph Steitz and Tom Kaeckenhoff; Additional reporting by Vera Eckert; Editing by Uttaresh.V and Edmund Blair)
CRIMINAL CAPITALI$M
Endo files for bankruptcy as U.S. opioid litigation drags

Tue, August 16, 2022

Aug 16 (Reuters) - Endo International Plc filed for bankruptcy on Tuesday after reaching a $6 billion deal with some of its creditors, as the U.S. drugmaker seeks to settle thousands of lawsuits over its alleged role in the country's opioid epidemic.

The pharmaceutical company is the latest to file for Chapter 11 to address opioid claims. Purdue Pharma, the maker of OxyContin, filed in September 2019, while Mallinckrodt Plc, a generic opioid manufacturer, recently emerged from bankruptcy.

"By definitively addressing the more than $8 billion of debt that has burdened our balance sheet and establishing a pathway to closure with respect to the thousands of opioid-related and other lawsuits that the company has been defending at an unsustainable cost, we will be able to move forward...," Endo's Chief Executive Officer Blaise Coleman said in a statement.

The company's Chapter 11 bankruptcy filing in the Southern District of New York showed assets and liabilities in the range of $1 billion to $10 billion.

The creditors, who will also assume some of the company's liabilities, will substantially control all of its assets, Endo said.

The company also reached a deal with U.S. state attorneys general to provide $450 million over a period of 10 years, resolving allegations that the company boosted opioid sales using deceptive marketing, and bans the marketing of its opioids forever, according to the office of Massachusetts AG.

Creditors will also establish voluntary trusts with $550 million to be funded over 10 years to settle the opioid claims, the company said.

Endo has been discussing the possibility of filing for bankruptcy protection in several recent filings.

In June, the drugmaker missed a $38 million interest payment, amid discussions with a group of unsecured bondholders who had urged the company to avoid filing for bankruptcy.

(Reporting by Jahnavi Nidumolu and Shubham Kalia in Bengaluru; Editing by Neha Arora, Rashmi Aich and Sriraj Kalluvila)


Drugmaker Endo Files for Bankrupty Over Debt, US Opioid Litigation

Eliza Ronalds-Hannon and Steven Church
Tue, August 16, 2022 


(Bloomberg) -- Drug manufacturer Endo International Plc filed for bankruptcy after being overwhelmed by litigation, including claims that it profited by helping fuel the US opioid epidemic.

The Dublin-based company said it had initiated voluntary Chapter 11 proceedings in the US Bankruptcy Court for the Southern District of New York. It also struck an agreement with a debt-holder group that is offering $6 billion for Endo’s assets and would take over certain liabilities.

“By definitively addressing the more than $8 billion of debt that has burdened our balance sheet and establishing a pathway to closure with respect to the thousands of opioid-related and other lawsuits that the company has been defending at an unsustainable cost, we will be able to move forward,” Blaise Coleman, Endo’s president and chief executive officer was quoted as saying.

Endo’s secured creditors consented to the use of cash collateral to fund day-to-day business, a statement said.

By seeking protection from creditors, the company gains time to try to implement the restructuring plan it had been negotiating with senior lenders. The court filing also puts a temporary halt to all litigation Endo faces, allowing managers to negotiate a global deal to end the opioid lawsuits, which have been filed by states and local governments.

The company is the latest major opioid maker to seek bankruptcy protection after a wave of accusations they illegally marketed opioids tied to an epidemic of abuse that killed hundreds of thousands of Americans.

Rivals Purdue Pharma LP and Mallinckrodt Plc each used court protection to finish working out settlements with groups that accused them of making the opioid addiction epidemic worse.

Following the bankruptcy filing, Massachusets Attorney General Maura Healey said officials had agreed on a settlement of as much as $450 million with Endo and its lenders. The deal would ban promotion of its opioids and require it to turn over documents.

On top of the opioid trials, which also involved peers Purdue Pharma LP and Mallinckrodt Plc, Endo was engaged in a Tennessee lawsuit it brought against competitors for patent infringement. The company also took a $1.75 billion writedown on its sterile injectables unit after concluding the value of the business had fallen.

Endo has settled some of the suits it faces, but has not announced the kind of global deal Purdue and Mallinckrodt reached before beginning their Chapter 11 cases.

3M Faces $100 Billion in Losses From Veterans' Earplug Suits, Expert Says

Steven Church
Tue, August 16, 2022 



(Bloomberg) -- 3M Co. faces more than $100 billion in losses and bankruptcy because of lawsuits brought by veterans who blame their hearing problems on faulty earplugs, according to a litigation consultant hired by lawyers suing the industrial conglomerate.

Initial results from a handful of test cases shows 3M would be swamped by losses should the more than 230,000 lawsuits related to the company’s military earplugs business go forward, the plaintiff’s adviser J.B. Heaton testified in bankruptcy court Tuesday.

“It is more and more likely within the next several years we’ll see a 3M bankruptcy, yes,” Heaton told US Bankruptcy Judge Jeffrey J. Graham during a hearing in federal court in Indianapolis.

“We strongly disagree with this unsupported and clearly flawed speculation,” company communications manager Sean Lynch said in an emailed statement. “3M has committed to provide $1 billion to a trust for claimants determined to be entitled to compensation.”

Some advocates for the suing soldiers want Graham to block 3M from paying any shareholder dividends, buying back any of its stock or spinning off any assets, if the judge also decides to halt the lawsuits.

Restricting how 3M spends its cash will protect money and other assets that could be used to compensate soldiers who have had their hearing damaged by the earplugs, the advocates said in court papers.

The company has a paid shareholders a regular dividend for at least a decade. Currently the quarterly payment is $1.49 per share.


Company lawyers disputed Heaton’s findings during the hearing, arguing that the 19 cases in which juries returned verdicts are outliers and cannot be used to extrapolate results for the other cases. Heaton, a former trial lawyer who now studies corporate litigation, acknowledged that the sample is small and that a judge may conclude $100 billion is not realistic.

3M is in federal court trying to convince Graham to halt the lawsuits while the company’s earplugs subsidiary reorganizes in bankruptcy.

Last month, the company put its Aearo Technologies unit into bankruptcy in Indianapolis as a way to resolve the claims. Under Chapter 11 rules, Aearo is automatically entitled to freeze lawsuits it faces, but because 3M itself didn’t file bankruptcy a judge must agree to give the industrial conglomerate the same protection.


The bankruptcy is Aearo Technologies LLC, 22-02890, United States Bankruptcy Court for the Southern District of Indiana (Indianapolis).

(Updates with demand from plaintiff lawyers for halt to 3M dividends in the fifth paragraph.)


The SPAC King Goes Silent With His Empire Shriveling


Bailey Lipschultz
Tue, August 16, 2022


(Bloomberg) -- The news came with little fanfare. It was late on a sleepy summer afternoon last week, and few on Wall Street even seemed to notice the pair of filings when they hit the SEC website.

In terse, boilerplate language, the documents stated that two SPACs launched by Chamath Palihapitiya needed to push back the deadlines they had set to make acquisitions.

Palihapitiya was in no mood to trumpet the news. There were no tweets, no interviews, none of the braggadocio that came with so many of his big SPAC deals, back when the market was the hot new thing in finance, a sure-fire, money-minting machine, and Palihapitiya was its undisputed king.

But if those euphoric moments two years ago represented the peak of SPAC frenzy -- a phenomenon created out of the same ingredients (unprecedented monetary and fiscal stimulus) that gave us meme stocks and Dogecoin millionaires -- then these SEC filings represented something of an unofficial end to this chapter of financial mania.

One of the two blank-check companies is Palihapitiya’s biggest ever, a $1.15 billion behemoth, and pushing back its October deadline -- to some unspecified time next year -- is a major setback. Inking a deal will likely be no easier in 2023, assuming that investors in the SPAC even opt to stick around. The only bigger SPAC that had a looming deadline this year -- Bill Ackman’s $4 billion Pershing Square Tontine Holdings -- had just pulled the plug entirely and handed the cash back to investors three weeks earlier.

SPACs, though, were only a sideshow for Ackman. For Palihapitiya, a man who has taken to calling himself the heir apparent to Warren Buffett, they represent a big chunk of his portfolio. And the collapse in their value over the past year and a half -- and, for that matter, of the value of the entire industry -- has put a dent in his net worth.

All five of his SPACs that merged with acquisition targets are now trading well below their starting price of $10. Some, like Virgin Galactic Holdings Inc., are down more than 25%. Taken from its peak price, back in February 2021, when Palihapitiya was tweeting things like “trust the process” with a screenshot of his SPAC returns, the stock is down 88%.

“The broader market obviously hasn’t been conducive to anything he’s doing,” said Matthew Tuttle, chief investment officer of Tuttle Capital Management, a Greenwich-based firm that focuses primarily on ETFs. “But I also think you’ve gotta be real careful when you’re going out and hyping stuff.”

A representative for Palihapitiya and Social Capital declined to comment.

In a post-mania world, SPACs will most likely live on as an asset class in some form or another. But a return to those go-go days seems improbable. Some SPAC watchers even argue that the market could potentially disappear entirely if the SEC moves forward with rule changes it proposed earlier this year.

The proposals would prohibit executives from making the kinds of wild claims about revenue and profit growth that have become a hallmark of the SPAC boom. And they’d effectively make going public via a SPAC as difficult as going via a traditional IPO.

“If the SEC’s rules go forward and aren’t challenged,” says Usha Rodrigues, a professor of securities law at the University of Georgia, “I don’t know if there will be future iterations of SPACs.”

$175 Billion

Palihapitiya has plenty of company as he searches for acquisition targets. Managers of more than 600 blank-check companies that collectively hold some $174 billion in cash are facing deadlines to close deals over the next 17 months, according to data compiled by SPAC Research.


That includes SPACs launched by KKR, Bill Foley and Michael Klein. Each of them raised $1.38 billion -- the three SPACs that are bigger than Palihapitiya’s -- and each has a deadline in the first half of next year.

It’s a rough environment for closing deals. Not only has the SPAC fever broken but the economy is slowing and CEOs of private companies are cooling in general to the idea of going public. (Conventional IPOs are holding up better than SPAC-style debuts, known as de-SPACs, but they’re still down more than 50% from their peak.)

Two SPACs backed by Palihapitiya and his partner Suvretta Capital have managed carry on business in recent months. ProKidney Corp., a medical technology company, debuted in the market last month. Its shares have sunk more than 20%, though, in just a matter of weeks and more than 90% of investors opted to redeem their shares for cash. On Thursday, SPAC investors are set to vote on a pact to take public Akili Interactive, the maker of a video game that seeks to treat kids with attention-deficit disorder.

Palihapitiya has had little to say publicly about either deal. The last time, in fact, he tweeted about the SPAC industry at all was in April, when he posted a chart comparing a de-SPAC index to a basket of companies that went public through IPOs -- as a way of showing the market sell-off was broader than just the SPAC collapse.

Back at the height of the boom in early 2021, he’d fire off bursts of tweets, one after the other, about his latest SPAC exploits. Like in January, when he re-tweeted a post of the performance of the SPACs he invested in and tacked on a Jay-Z lyric for emphasis.

Only one of the six stocks mentioned in the thread is trading higher today than it did at the time.

The median decline: 79%.

Most Read from Bloomberg Businessweek

World Embraces Dirtier Fuels as Gas Hits Exorbitant Heights

(Bloomberg) -- With high natural gas prices showing no signs of abating and supplies becoming harder to obtain, cheaper and dirtier alternatives to the fuel are looking increasingly tempting for energy-hungry buyers.

Liquefied natural gas prices in Asia are now near $50 per million British thermal units. On an energy-equivalent basis, gas was at about double the price of diesel as of Friday, with high-sulfur fuel oil and coal cheaper still, according to data from S&P Global Commodity Insights.

In Europe, the situation is similar, with natural gas at around $60, at least triple the price of HSFO and propane, according to energy consultancy FGE.

Natural gas has become the hottest commodity as Russia, a crucial source of piped gas to Europe and LNG to Asia, maintains a stranglehold on supplies amid a global energy crunch. There’s not enough to go around, and the situation is expected to worsen with the approach of winter. At the same time, the spike in prices is making the fuel unaffordable for some nations. The result is that buyers both rich and poor are increasingly eyeing the alternatives.

“With the concern that supplies could become very tight this upcoming winter, various governments have recently announced they will allow more fuel oil and coal burning in power stations,” said Steve Sawyer, director of refining at industry consultant FGE. “If the flexibility to burn fuels other than natural gas is already installed, then we suspect it is already being used,” he said.

The International Energy Agency on Thursday boosted its forecast for global oil demand growth by 380,000 barrels daily to 2.1 million barrels a day on the expectation that industry and power generators will switch their fuel to oil. The extra demand that prompted the revision is “overwhelmingly concentrated” in the Middle East and Europe, said the agency.

IEA’s view was echoed by Damien Courvalin, head of energy research at Goldman Sachs, who expects gas-to-oil switching to account for 1.5 million barrels a day of additional demand this winter, compared to a million barrels a day last year. Demand will come from the power sector as well as industries, he said in a Bloomberg interview.

In Asia, Pakistan and Bangladesh are among countries with sizable facilities that can switch between natural gas and fuel oils for power generation.

Pakistan and Bangladesh “have significant oil-generated power capacity and are facing severe budget constraints to keep buying expensive LNG,” said Wood Mackenzie principal consultant Max van der Velden. “They’re trying to keep the lights on and avoiding severe economic stress by using fuel oil.”

The shift from gas is a setback in the global push for cleaner energy. Many countries turned to natural gas as part of decarbonization efforts, as it’s the cleanest fossil fuel. Dirtier alternatives from coal to liquid fuel will make it more difficult for nations to reach their climate goals.

The EU Commission will continue to enable increased coal power generation this year and next, temporarily reversing the long-term decline in coal consumption in Europe, Fitch Solutions analysts said in an Aug. 8 note. And higher LNG prices will encourage electricity generators globally to switch from gas to coal feedstock where possible.

But there are limits to how much fuel-shifting may be possible. A lack of oil-power generation capacity is one issue, as it may be difficult to bring oil or coal power plants back online.

“Restarting such plants will depend on just how well they were shut down and then maintained,” FGE’s Sawyer said. “Do not expect such plants to come on overnight.”

Most of Japan’s oil power capacity is currently idled. The plants are old and expensive to restart, will only be running for a short time, and face environmental and political pushback, according to van der Velden.

“Japan will still see year-on-year growth of fuel oil demand for the power sector, but its upsides are limited,” he said.

Still, the cost incentives of fuel switching are hard to ignore, and FGE expects more countries to push for a restart of oil-fired plants. “The process will need to start now if they are to be ready and working to help meet winter demand,” Sawyer said.

Chipmakers Are Flashing More Warnings on the Global Economy


Sam Kim
Tue, August 16, 2022 

(Bloomberg) -- Mounting concern over semiconductor demand is sending shudders through North Asia’s high-tech exporters, which historically serve as a bellwether for the international economy.

South Korean behemoths Samsung Electronics Co. and SK Hynix Inc. have signaled plans to dial back investment outlays, while across the East China Sea, the world’s biggest contract chipmaker Taiwan Semiconductor Manufacturing Co. indicated a similar expectation.

Fading tech demand highlights a darkening picture as Russia’s war on Ukraine and rising interest rates damp activity. The following charts look at the chip industry and its implications for the world economy.

In recent weeks, major chip manufacturers Micron Technology Inc. Nvidia Corp., Intel Corp. and Advanced Micro Devices Inc. have warned of weaker export orders.

Gartner Inc. predicts an abrupt end to one of the industry’s biggest boom cycles. The research firm slashed its outlook for revenue growth to just 7.4% in 2022, down from 14% seen three months earlier. Gartner then sees it falling 2.5% in 2023.

Memory chips are among the most vulnerable segments in the $500 billion semiconductor market to global economic performance, and Samsung and SK Hyinx’ sales of dynamic random access memory, or DRAM, a chip that holds bits of data, are central to Korean trade.

Next year, demand for DRAM is likely to rise 8.3%, the weakest bit growth on record, says tech researcher TrendForce Corp., which sees supply climbing 14.1%. Bit growth refers to the amount of memory produced and serves as a key barometer for global market demand.

South Korea’s exports are bolstered when demand outpaces supply in bit growth. But with supply likely to expand at almost twice the pace of demand next year, exports may be headed for a major downturn.

Signs are rising that trade is already starting to deteriorate. Korea’s technology exports slipped in July for the first time in more than two years, with memory chips leading the falls. Semiconductor inventories piled up in June at the fastest pace in more than six years.

Among potential victims will be Samsung, the world’s biggest memory-chip producer and a linchpin of Korea’s trade-reliant economy.

Samsung recorded rapid sales growth when demand was strong relative to supply. As the chip outlook turns gloomy, shares of Samsung have been declining this year, with occasional rebounds on better-than-expected profits.

Samsung and SK Hynix control roughly two thirds of the global memory market, meaning they have the power to narrow the gap between supply and demand.

Memory is loosely tied to other types of semiconductors, built by firms such as TSMC that produces chips in iPhones, and Nvidia, whose graphics cards are used in everything from games to crypto mining and artificial intelligence.

The Philadelphia Semiconductor Index, which includes these firms, has ebbed and flowed together with memory demand in recent years.

Korean exports have long correlated with global trade, meaning their decline will add to signs of trouble for a world economy facing headwinds from geopolitical risks to higher borrowing costs.

Micron Technology, the world’s third-largest memory maker, last week issued a warning about deteriorating demand, triggering a selloff in global chip stocks.

Korea’s stock market has been among leading indicators of the country’s trade performance, with investors dumping shares well before exports slump.

“The trend is important for Asia as its economic cycle is very dependent on tech exports,” said Alicia Garcia Herrero, chief economist for Asia Pacific at Natixis SA. “Fewer new orders and the large inventory pile-up mean Asia’s tech sector will see a long destocking cycle and a shrinking profit margin.”

The International Monetary Fund last month downgraded its global growth forecast and said 2023 may be tougher than this year.

Deutsche Bank AG sees a U.S. recession starting in mid-2023 and Wells Fargo & Co. expects one in early 2023. A Bloomberg Economics model sees a 100% probability of a US recession within the next 24 months.