Friday, September 29, 2023


New Yorkers Are Better Off Buying Muni Bonds, Bank of America Says

Eniola Longe
Fri, September 29, 2023


(Bloomberg) -- Wealthy New Yorkers can earn more investing in the city’s municipal bonds right now than in corporate debt, Bank of America Corp. told investors Friday.

For New Yorkers subject to the highest tax rates, taxable bonds would need to yield 8.9% to compete with the yield offered on New York bonds, strategists Yingchen Li and Ian Rogow wrote in a note Friday. That’s about 2.8 percentage points higher than a metric of yields on the ICE Bofa index of corporate bonds, they noted.

Bank of America is the top underwriter of municipal debt in the US.

The $4 trillion municipal bond market, like other parts of the fixed income, is offering elevated yields not seen in years as the Federal Reserve has hiked interest rates aggressively to combat inflation. But state and local debt has an added allure that other asset classes don’t: the income is tax-exempt. That means that the yields on muni bonds are even higher after adjusting for taxes. And the higher your tax bracket, the more attractive the bonds look.

The yield on the 10-year AAA municipal benchmark has surged about 30 basis points this week, according to Bloomberg BVAL. The selloff has come after the Fed indicated its intention to keep interest rates high for as long as necessary to contain inflation.

“Muni yields are even more attractive now relative to corporates after recent selloff,” the Bank of America analysts said.

For those living in New York City, which levies a city income tax, taxable bonds have to yield 9.68% to compete with the munis.

“In other words, New York City residents can earn more investing in New York munis than in high yield corporates,” they wrote. The yield to worst, meaning the lowest amount of yield an investor can expect on the Bloomberg high-yield index, is about 8.9%.

Related: New York City Bond Deal’s 10% Yield Rivals Stock Market Returns

Most Read from Bloomberg Businessweek
BP's US boss to leave company weeks after CEO Looney



By Ron Bousso
Fri, September 29, 2023 

LONDON (Reuters) -BP's top executive in the United States, Dave Lawler, is leaving the company, the energy company said on Friday in a memo to employees just weeks after BP's chief executive Bernard Looney resigned from the company.

Lawler's departure piles pressure on BP's Chairman Helge Lund and board as they seek to project stability in the wake of Looney's abrupt resignation earlier this month after less than four years in the top job for failing to fully disclose details of past personal relationships with colleagues.

The United States is the largest single country for BP's operations. It includes oil and gas production in the Gulf of Mexico and onshore shale basins, several refineries as well as large investments in offshore wind, biogas and retail.

Lawler, 55, joined BP in 2014 and has led BP's shale business, known as BPX Energy, since.

He oversaw BP's $10.5 billion acquisition of BHP's onshore shale assets, which turned it into one of the top producers in the Permian oil basin.

Lawler, chairman and president of BP America, is leaving "to pursue new career opportunities," the memo seen by Reuters said. The FT was first to report the news.

Orlando Alvarez will replace Lawler as head of BP America. Alvarez will continue in his role as senior vice-president gas and power trading, Americas. Kyle Koontz will take over as chief executive officer for BPX energy, the memo said.

(Reporting by Ron Bousso in London, Juby Babu in Bengaluru; Editing by Shilpi Majumdar and Daniel Wallis)

Another BP Executive Departs With US Head Resigning

Laura Hurst
Fri, September 29, 2023



(Bloomberg) -- BP Plc.’s US president David Lawler is leaving the British oil giant, becoming the second top executive to quit this month after Chief Executive Officer Bernard Looney abruptly resigned.

Lawler, who had been with BP for nine years, “has notified us of his intent to pursue new career opportunities outside of BP,” according to a memo to employees confirmed by the company. He will be replaced by US gas trading executive Orlando Alvarez as president of BP America Inc. Kyle Koontz, a vice president, will take over as CEO of BPX Energy, BP’s shale production division.

The high-profile departure comes only two weeks after Looney resigned, admitting to not fully disclosing relationships with colleagues. The reshuffling of leaders in the US, where BP has a bigger economic footprint than any other country, is a further sign of turmoil at a company recently forced to appoint an interim CEO and CFO, start a high-pressure search for a permanent CEO and handle questions over its board’s governance record.

In a memo Executive Vice President William Lin thanked Lawler. “During his tenure, BPX saw improvements in safety, emissions, production and financial performance, as well as the acquisition of BHP assets in 2018,” it said.

Denver native Lawler oversaw BP’s entry into the Permian Basin with the $10 billion purchase of shale oil assets from BHP Billiton Ltd. in 2018. While the operations struggled with methane pollution and inadequate infrastructure for the first few years, they are now primed to be some of BP’s fastest-growing oil assets, with a targeted production increase of 30% by 2025.

Alvarez will continue as senior vice president of gas and power trading in the region in addition to his new role. Koontz previously was vice president of development at BPX and will report to Gordon Birrell, executive vice president of production and operations.

The shock resignation of Looney thrust the company into the spotlight over employees’ personal relationships amid a campaign by its board to convince investors and staff that they have control of the crisis. Murray Auchincloss, previously chief financial officer, took over as interim chief executive officer and Kate Thomson was named interim chief financial officer, the first woman in that role.

“During periods of change, it is especially important that we stay focused on the three things Murray asked of us: safety, performance and the drive to 2025,” Lin said in the memo.

--With assistance from Kevin Crowley.

Bloomberg Businessweek

BP Ends Its Week of CEO Chaos With Many Unanswered Questions

CEO search is underway after sudden resignation of LooneyBoard has sought to reassure investors and employees

Bernard Looney.Photographer: Prakash Singh/Bloomberg

September 16, 2023 

After several days of chaos, BP Plc is ending the week without a permanent leader and with significant doubts over its strategy.

The shock resignation of Chief Executive Officer Bernard Looney has thrust the energy giant’s board into the middle of a hurried recruitment process, a sensitive investigation into employees’ personal relationships, and a campaign to convince investors and staff that they have control of the crisis.

There’s little indication that any of these things are close to resolution.

“It’s been mismanaged,” said William Granger, a partner at law firm Wedlake Bell who specializes corporate governance, reputation and boardroom issues. “Of all the ones we’ve seen over the years, this was unusually fast.”
Shock Resignation

On Tuesday, 53 year-old Looney told BP he was resigning as CEO with immediate effect, having earlier in the day informed the board he had not been fully transparent in his disclosures over past relationships with colleagues. Chief Financial Officer Murray Auchincloss took on the additional role of interim CEO.

The announcement was sudden, shocking and disorganized. BP shareholders and employees first heard news of Looney’s departure from the Financial Times, waiting more than an hour for public confirmation from the company. Shares rose, then fell, then rose again as markets digested the implications.

Within 24 hours, BP Chairman Helge Lund and his investor relations team were calling top shareholders, which include the likes of BlackRock Inc, Vanguard Group Inc and Norges Bank, to explain what was going on.

Lund told investors that the company was sticking to its strategy, would search for a new CEO among both internal and external candidates, and ruled himself out of the running for the top job. That left a lot of unanswered questions about the company’s trajectory.

“The communications from the board were not clear on a path forward in terms of timing, replacement, search pool, strategy — all important questions,” said Bret Bero, assistant professor of practice in management at Babson College in Boston.

BP’s share price did eventually stabilize and ended the week little changed from Tuesday.
Questions Unanswered

In a webcast with employees on the same day, Auchincloss reiterated the message of continuity. “Today, just like every day in BP, we go to work in the field, in our refineries, in offices, at sea, at our retail sites,” he said.

He was joined by Lund and the Executive Vice President of People and Culture Kerry Dryburgh. Yet the call was short and it didn’t give staff the opportunity to ask questions, leaving many of them wondering what the company’s future looks like, particularly in the clean energy business, according to people who listened into the call.

Employees in BP’s low-carbon and sustainability divisions need only look to rival Shell Plc to see what difference a new CEO can make. It followed a similar trajectory to its London-based peer, announcing ambitious “net zero” plans under now-retired boss Ben van Beurden. Wael Sawan, who took Shell’s top job on the first day of this year, has already begun selling off some businesses associated with that policy.
Relative Strength

BP is no stranger to dramatic exits.

Three out of the last four CEOs resigned under pressure. John Browne in 2007 after lying in court in an effort to prevent a newspaper from publishing details of his personal life. His successor Tony Hayward was forced out in 2010 after mishandling the response to the Deepwater Horizon disaster.

For all the shock caused by the latest CEO exit, the business itself is healthy.

“Looney’s successor will, to some degree, inherit a position of relative strength,” said Russ Mould, Investment Director at AJ Bell. “BP is profitable, generating cash and debt is a lot lower than just a few years before and oil prices are rising. The situation looked a lot, lot blacker in 2010 after the Gulf of Mexico spill.”

But whoever becomes BP’s new CEO won’t only have to deal with operational matters. The ongoing inquiry into the reasons for Looney’s departure could be lengthy, potentially raising questions about whether the company conducted proper due diligence, Bero said.

If that is the case, BP’s terrible week might only be the beginning.

“The board has to continue investigating because the stock market is entitled to know what happened here,” said Granger. “It takes months and sometimes years for these things.”
Taxing The Titans: How Bezos, Musk And Buffett Exploited Tax Loopholes

Jordan Robertson
Thu, September 28, 2023 


In the world of finance and taxation, a narrative has emerged that's caught the attention of many: the story of how some of the richest people, including Amazon.com Inc. Founder Jeff Bezos, Tesla Inc. CEO Elon Musk and Berkshire Hathaway Inc. CEO Warren Buffett, managed to significantly reduce their tax liabilities through the use of loopholes. These titans of industry have amassed immense wealth, and the question of how they navigate the complex tax landscape has become a subject of scrutiny and debate.

The ProPublica Revelation


The revelations about these billionaires' tax practices came to light through a groundbreaking investigation by ProPublica Inc. in June 2021. Their "Secret IRS Files" exposed a trove of never-before-seen records, shedding light on how the wealthiest Americans, including Bezos, Musk and Buffett, managed to avoid paying substantial income taxes.

One of the key tactics employed by these billionaires is to focus on taxing income rather than wealth. Income tax, as a concept, often fails to account for the wealth accumulation of the super rich, who derive much of their value from assets like stocks, real estate and investments. By primarily relying on taxing income, they exploit a system that often allows them to pay significantly lower tax rates than the average American.
Bezos: The Child Tax Credit Claim

One example highlighted by ProPublica is Bezos, one of the world's wealthiest people. In 2011, Bezos claimed a $4,000 tax credit for his children, which is a benefit available to middle-class families. While this is legal, it raises questions about fairness in the tax system when someone as wealthy as Bezos can use such credits.


Musk: Benefiting From Stock Options


Musk is another prominent figure who has been scrutinized for his tax practices. Musk's wealth largely stems from the appreciation of his stock holdings in Tesla. By holding on to his stock options, he can defer capital gains taxes indefinitely, allowing his wealth to grow without paying substantial taxes.
Buffett: The Call For Tax Reform

Buffett, often hailed as the Oracle of Omaha, has been an advocate for tax reform. Despite his immense wealth, Buffett paid under $24 million in taxes between 2014 and 2018. He has said that his secretary pays a higher tax rate than he does, highlighting the inequities in the tax system.

The Need For Tax Reform


The revelations about these billionaires' tax practices have sparked a broader conversation about the need for tax reform in the United States. Advocates argue that the tax system should be more equitable, with the wealthiest people paying their fair share.

The issue of how billionaires like Bezos, Musk and Buffett exploit tax loopholes is a complex and contentious one. While their actions may be legal under the tax code, the public's reaction suggests a growing demand for changes in tax policy to address income and wealth inequality.

In the end, the debate over taxing the titans raises questions about the fairness of the tax system and the responsibilities of the super-rich in contributing to the societal infrastructure from which they have benefitted so greatly.


Conservative activist uses Civil War-era law to challenge US corporate diversity


Anti-affirmative action activist Edward Blum speaks to reporters at the "Rally for the American Dream-Equal Education Rights for All" in Boston


By Nate Raymond
Mon, September 25, 2023 

(Reuters) - The anti-affirmative action activist behind the successful U.S. Supreme Court challenge to race-conscious college admissions policies is trying to use a Civil War-era law designed to protect formerly enslaved Black people from racial bias to dismantle American corporate diversity programs.

In a trio of lawsuits filed since August, Edward Blum's American Alliance for Equal Rights organization has challenged grant and fellowship programs designed by a venture capital fund and two law firms to help give Black, Hispanic and other underrepresented minority groups greater career opportunities.

Those lawsuits accuse all three of violating Section 1981 of the 1866 Civil Rights Act, a law enacted after the Civil War that guarantees all people the same right to make and enforce contracts "as is enjoyed by white citizens."

While the law was adopted with formerly enslaved Black people in mind, courts have interpreted it for decades as protecting white people from racial discrimination as well. Blum's group relies upon those rulings in seeking a corporate sequel to the June decision, powered by the Supreme Court's 6-3 conservative majority, in favor of another group he founded declaring race-conscious student admissions policies used by Harvard University and the University of North Carolina unlawful.


His strategy faces its first major test on Tuesday, when U.S. District Judge Thomas Thrash in Atlanta hears arguments in Blum's lawsuit challenging venture capital firm Fearless Fund's grant program designed to promote businesses owned by Black women.

With a Saturday deadline approaching for this year's grant applications, Blum's group is asking Thrash, an appointee of Democratic former President Bill Clinton, to quickly issue a preliminary injunction barring Fearless Fund from using race-based criteria for the grant program.

"All of our nation's civil rights laws - including the 1866 Civil Rights Act - enshrine the command that someone's race and ethnicity must never be used to help or harm them in public and private employment and contracting," Blum, who is white, told Reuters in an email.

Sarah Hinger, a lawyer at the American Civil Liberties Union's Racial Justice Program, said Blum's lawsuits pose a threat to efforts to remove barriers to opportunity for people of all races in private sector jobs.

"This is an effort to scare similar employers and investors away from what is in some ways a nascent effort to address inequities," Hinger added.

Atlanta-based Fearless Fund is a small player in the $288 billion venture capital market. It was launched in 2019 by three prominent Black women - actress Keshia Knight Pulliam, entrepreneur Arian Simone and corporate executive Ayana Parsons - and has invested nearly $27 million in businesses led by minority women.

It also provides grants to businesses owned by Black women - a category that in 2022 received less than 1% of all venture capital funding, according to the advocacy group digitalundivided.

The lawsuit by Blum's Texas-based group takes aim at the fund's Fearless Strivers Grant Contest, which awards Black women who own small businesses $20,000 in grants and other resources to grow their businesses. The lawsuit alleges that the program's criteria illegally excludes applicants who are white, Asian or other races.

FREE SPEECH ARGUMENT


Fearless Fund has brought in prominent lawyers to defend it, including civil rights attorneys Ben Crump and Alphonso David, who during a news conference called Blum's use of the Civil War-era law "cynical."

The fund's attorneys in court papers have said Blum wants to "distort the purpose and text of this seminal civil rights statute to use it against Black people" to dismantle this grant program. They argue that the rules for the grants are merely criteria for being eligible for a "discretionary gift" and do not create a "contract" subject to the civil rights law.

Because charitable giving is a form of free speech under the U.S. Constitution's First Amendment, Fearless Fund's lawyers have said it cannot be forced to use race-neutral criteria for a grant program designed to further its belief that "Black women-owned businesses are vital to our economy."

They have cited another June Supreme Court ruling holding that an evangelical Christian website designer from Colorado had a First Amendment right to refuse to create websites for same-sex marriages to support the fund's argument that it can consider race in deciding how to express itself through charity.

Blum's group countered that Fearless Fund's argument would ironically undermine the very causes it favors by essentially invalidating Section 1981 and deeming racial discrimination protected by the First Amendment.

His lawsuits appear already to be seeing results. Another Blum target, law firm Morrison & Foerster, has appeared to buckle by removing language specifying that a diversity fellowship for law students was open only to Black, Hispanic, Native American or LGBT applicants. Morrison & Foerster did not immediately respond to a request for comment.

(Reporting by Nate Raymond in Boston, Editing by Alexia Garamfalvi and Will Dunham)
Oil Giants Embrace Exploration Revival

Editor OilPrice.com
Thu, September 28, 2023

Spending on oil and gas exploration is recovering from the pandemic lows as the energy security push is prompting companies to look for lower-cost barrels with a more disciplined capex approach, which makes the hunt for new advantaged resources more attractive.

While exploration spend will never return to the days of splurges seen before 2014, oil and gas majors are spending more on conventional exploration this year, Wood Mackenzie said in a recent report.

Energy Security and Affordability Boosts Exploration

Oil and gas firms are emboldened by their strong financials thanks to the record profits of 2022 and the renewed ‘social license to operate’ after last year’s energy crisis and energy price shocks.

Security and affordability of energy supply currently trump emissions concerns and the ESG narrative as consumers are still reeling from last year’s crisis, while central banks are still trying to curb runaway inflation, hopefully without sinking economies with the interest rate hikes.

The European supermajors Shell, BP, and TotalEnergies have all said this year they would grow their oil and gas production this decade, focusing on low-cost, low-emission resources. For Shell and BP, the pledges mark a U-turn from previous statements that their respective oil production volumes had already peaked.

“It is critical that the world avoids dismantling the current energy system faster than we are able to build the clean energy system of the future. Oil and gas WILL continue to play a crucial role in the energy system for a long time to come with demand reducing only gradually over time,” Shell’s chief executive, Wael Sawan, said on Shell’s Capital Markets Day in June.

Just this week, TotalEnergies said it aims to grow its oil and gas production by 2-3% per year over the next five years, predominantly from LNG, and noted recent exploration successes in Namibia and Suriname.

Discipline in spending, including on exploration, continues to prevail, but majors and national oil companies (NOCs) now have much stronger financial positions than they had only two years ago. This helps boost confidence with the management and could encourage a more bullish approach to exploration, said Julie Wilson, Research Director, Global Exploration, at WoodMac.

“Oil & gas companies largely prefer to keep a low profile when it comes to exploration, and budgets are rarely publicised. However, we know from conversations with leading explorers and recent licensing that the appetite for wildcatting remains strong,” Wilson wrote.

WoodMac sees a “quiet recovery over the next five years, led by Majors and NOCs.”

“Emerging deepwater provinces will attract increasing levels of spend,” the consultancy notes.

Attractive Exploration Economics


The economics for exploration are also attractive and incentivizing more spending, according to WoodMac.

Continued spending discipline, portfolio high-grading, and more efficient development have led to full-cycle returns from exploration consistently above 10% since 2018 and above 20% in 2022.

The growth in exploration spending will begin this year, with expenditures set to increase by 6.8% over 2022 in real terms, with robust economics being a major driver of the rise.

“While spending will increase, it won’t return to anywhere close to past highs and there will likely be a ceiling on the increase,” WoodMac’s Wilson said last month.

“There is a lack of high-quality prospects that would satisfy today’s economic and ESG metrics and a continued focus on capital discipline will keep a lid on overspending.”

Deepwater Frontiers To Drive Exploration


In the medium to long term, deepwater and ultra-deepwater are expected to provide the most growth opportunities, with the Atlantic Margin of Africa and the Eastern Mediterranean regions leading exploration growth.

Namibia in Africa, Greece and Egypt in the Mediterranean, and Suriname in South America have the potential to become the next Guyanas in exploration. Guyana became the latest oil-producing nation in 2019, five years after ExxonMobil and Hess began discovering billions of barrels of oil offshore.

Offshore Market Booming

The offshore market, including exploration and development, is set for an upcycle that will last for years, says Olivier Le Peuch, chief executive at the world’s biggest oilfield services provider, SLB.

“Today, offshore is the fastest growing market globally driven by long-cycle developments, production capacity expansions, the return of exploration and appraisal in brownfields and new frontiers, and the criticality of gas as a long-term fuel for energy security,” Le Peuch said at the J.P. Morgan Energy, Power & Renewables Conference 2023 earlier this year.

SLB expects offshore exploration spending to increase by more than 20% this year, the executive said.

“To conclude, we are in the midst of a distinct cycle with qualities that enhance the long-term outlook for our industry — Breadth, Resilience, and Durability — all reinforced by a pivot to international, offshore, gas, and the return of exploration and appraisal,” Le Peuch added.

According to Westwood Global Energy Group’s latest May 2023 report on the state of exploration, “The industry is likely to keep exploring at current levels at least through to 2030 to sustain production and create portfolio options in the light of uncertain future demand, with short cycle, low cost, low emissions intensity barrels being particularly prized along with gas for European markets.”

By Tsvetana Paraskova for Oilprice.com


CRIMINAL CAPITALI$M
Bankrupt Crypto Hedge Fund 3AC's Su Zhu Apprehended in Singapore, Liquidator Says


Jack Schickler
Fri, September 29, 2023


Su Zhu, co-founder of hedge fund Three Arrows Capital, was apprehended at Changi airport in Singapore on Friday, according to the company's liquidator Teneo.

The hedge fund collapsed in 2022, and interconnections within the industry meant the impact of its collapse quickly brought on a new crypto winter.


Zhu, alongside co-founder Kyle Davies, was the subject of a committal order sentencing him to four months' imprisonment due to failure to comply with a court order.

Davies' whereabouts remain unknown, the statement added.

Earlier in September, the Monetary Authority of Singapore banned Zhu and Davies from owning or running any registered capital markets firm for nine years.

In May, the pair were also reprimanded by Dubai's crypto regulator for operating their new venture, a bankruptcy exchange called OPNX, as an unregulated exchange. Davies has also declined to respond to subpoenas relating to 3AC's collapse issued by a New York court.

The native token of the duo's new project fell by 21% as its market cap shrank to $40 million.

Oliver Knight contributed to the reporting of the story

Bankrupt crypto hedge fund co-founder Su Zhu arrested


David Hollerith
·Senior Reporter
Fri, September 29, 2023 at 10:22 AM MDT·2 min read

Authorities arrested disgraced crypto hedge fund co-founder Su Zhu Friday, the latest detainment of a star from the crypto industry’s last bull cycle.

Singaporean authorities apprehended Su Zhu, 36, Friday afternoon at the country’s Changi Airport while he was attempting to leave the country. Singaporean courts placed a “committal order” against him according to Teneo, the court-appointed joint liquidators in the bankruptcy for Zhu’s firm, Three Arrows Capital Ltd.

The court order, placed on Sept. 25, came as a consequence of Zhu’s “deliberate failure” to cooperate with Teneo’s investigations. He was sentenced to four months' imprisonment. The Singaporean courts have granted a similar order for Three Arrows' other co-founder, Kyle Davies, though "his whereabouts remain unknown at this point in time," said a Teneo spokesman.

Separately, the Monetary Authority of Singapore earlier this month prohibited Zhu and Davies from conducting regulated investment activity for nine years each, according to Teneo.

Columbia University graduates and former derivatives traders for Credit Suisse, Zhu and Davies launched Three Arrows Capital in 2012.

Zhu caught the crypto industry’s attention years ago for calling the bottom of “crypto winter” in 2018 when bitcoin traded below $4,000 per coin. After that call, he began growing a following as a so-called crypto markets prodigy.

Photo by: STRF/STAR MAX/IPx 2021

In February 2021 after bitcoin had risen above $30,000, Zhu introduced his crypto "supercycle" thesis, suggesting in a podcast interview that the bitcoin price would avoid facing another bear market—and would instead continue to rise until it reflected the market capitalization of gold.

Two months later, in an interview with Bloomberg, Zhu claimed Three Arrows' assets under management reached the "multi-billion" dollar range.

In late June 2022, Three Arrows filed for bankruptcy in the British Virgin Islands after losing big on the collapsed algorithmic stablecoin protocol, Terra. Shortly after filing for bankruptcy both Zhu and Davies fled US jurisdiction. By June of this year, the pair launched a new investment venture, OPNX, an online platform that allowed investors to trade crypto company bankruptcy claims, including those of Three Arrows Capital.

Zhu is just the latest of several high profile crypto moguls to be detained by the courts after a series of businesses went under—and fraud scandals unfolded within the industry that lead to the plummeting cryptocurrency prices.

For example: New York state is suing Alex Mashinsky, former CEO of crypto lending platform Celsius Network, for alleged crypto fraud. Earlier this year, CEO of Terraform Labs, Do Kwon, who was also charged with multiple counts of fraud by US authorities, was arrested in Montenegro.

Meanwhile, FTX exchange founder Sam Bankman-Fried is currently in jail in Manhattan awaiting his trial, which begins October 2nd.

David Hollerith is a senior reporter for Yahoo Finance covering banking and crypto.

CRIMINAL CAPITALI$M
Evergrande Tycoon Crossed a Red Line When Wealth Funds Ran Dry



Bloomberg News
Fri, September 29, 2023 


(Bloomberg) -- China Evergrande Group wiped out international investors, roiled financial markets and left thousands of suppliers in the lurch. Yet it was the developer’s failure to pay households who invested in its wealth management products that may have provided the last straw for Chinese authorities.

Almost two years after Evergrande defaulted on its debt, its billionaire founder and chairman, Hui Ka Yan, is under police control on suspicion of committing unspecified crimes. Staff at the group’s wealth management business have been detained. Hui’s son Peter Xu, who once ran the firm’s wealth unit, was also taken into custody, local media reported.

The actions came after the company’s money management arm said it was unable to make payments in August on investments held by retail clients. Evergrande, like many other Chinese developers, sold high-yielding wealth management products to individual investors to help fund their operations when other financing avenues were becoming tougher to tap.

The detentions are consistent with the Chinese government’s priority to look after citizens rather than other stakeholders such as foreign bondholders, in line with President Xi Jinping’s desire to avoid social unrest and achieve “common prosperity.” They also send a signal to other debt-laden developers to focus on finishing apartments and paying consumers who are owed money.

“As the property sector is unlikely to provide an engine of growth, a prominent property tycoon makes a politically effective target,” said Rana Mitter, a professor of Chinese politics at Oxford University. “The Communist Party wants to demonstrate that what it views as anti-social business behavior will be penalized.”

Evergrande’s wealth unit ran into problems two years ago when a cash crunch meant it couldn’t make overdue payments on about 40 billion yuan ($5.5 billion) of investment products, sparking protests and prompting the company to offer reduced amounts of cash or discounted real estate instead.

Zhao was one of those investors. In the past two years she had waited for trickling repayments. After urging the police to investigate dozens of times without success, her luck finally turned this month when she received notice that her complaint was acknowledged.

To her bigger surprise, police and related authorities in the southern city of Shenzhen said they will work overtime through an eight-day national holiday, which starts Friday, to deal with leads from tens of thousands of retail investors. She quickly spread the word.

“It’s been two years, and I’ve almost been driven crazy,” said Zhao, who asked to be identified only by her surname for security reasons.

For those who chose to get repaid in cash, Evergrande’s wealth division initially promised to return 10% installments toward their principal on a quarterly basis. Three months later, the plan shrank to a monthly payment of 8,000 yuan. Almost a year after that, it was dialed back to 2,000 yuan a month, and then to around 500 yuan. For a 100,000 yuan investment, a full repayment at that pace would take almost 17 years.

When the latest installment was due on Aug. 31, nothing appeared in consumers’ accounts. That day, the money management arm said it couldn’t make payments due to a liquidity crunch and setbacks in disposing of assets.

Over the past two years, retail investors got the cold shoulder when seeking legal redress. Some were told by local police that their complaints couldn’t be submitted in a legal manner without consent from higher authorities, according to multiple individual investors who asked not to be identified.

Now they are being told that they can file complaints in various ways, ranging from in person to online. The easiest method is sending a formatted text message. Many quickly received notices that their cases were received. Police in Shenzhen, where Evergrande was based during its heyday, in mid-September publicly called on investors to provide leads to the authorities.

That’s also when a raft of headlines flashed on actions taken against Evergrande executives. On Sept. 18, police said they recently detained some staff at its wealth management unit. A week later, Caixin reported that former Chief Executive Officer Xia Haijun and former Chief Financial Officer Pan Darong, who both oversaw financing businesses, were also being held. On Sept. 28, Evergrande acknowledged that Hui is suspected of crimes.

Hui’s second son Xu was taken along with him, Yicai reported. Xu oversaw Shenzhen-based Evergrande Financial Wealth Management Co. for a while, according to Yicai. Earlier, Shenzhen police identified one of the detainees from the wealth division by the last name of Du. The unit’s general manager is Du Liang.

The involvement of off-balance sheet, unregulated wealth products has been a lightning rod for Evergrande, which has $327 billion in liabilities. Such offerings provided annualized interest rates of as much as 13%, and proceeds were to replenish working capital, Bloomberg reported earlier. The company even encouraged staff to purchase the products.

Regulators have been tightening rules on wealth management products and other parts of China’s shadow banking system for years. This month, China started a campaign against illegal fundraising to protect households. Li Yunze, who became head of China’s new National Administration of Financial Regulation in May, vowed in a September speech to deal with a number of major cases to protect the rights and interests of consumers.

How Wealth Products Helped Inflate China Real Estate: QuickTake

In addition to wealth products issued by developers, stress has emerged in similar offerings sold by trust companies.

Non-bank lenders that package investments for institutions and wealthy individuals are estimated to have sold more than 2 trillion yuan of products tied to property companies. In August, Zhongrong International Trust Co. missed payments, triggering protests and signaling that real estate risks are spreading to the country’s $60 trillion financial system.

For Evergrande’s wealth clients — along with everyone else owed billions by the fallen property giant — it’s likely to be a long road to recovery. Yet Zhao is optimistic.

“I hope there’s an end to all this soon and I can get my money back,” she said.

 Bloomberg Businessweek


Factbox-Evergrande founder joins list of Chinese tycoons investigated, arrested


Reuters
Fri, September 29, 2023 

China Evergrande Group Chairman Hui Ka Yan attends a news conference on the property developer's annual results in Hong Kong


(Reuters) - The founder of China Evergrande, the world's most indebted property developer, is being investigated for "illegal crimes", a fresh challenge for the tycoon and his embattled company as it struggles to stay afloat.

Hui Ka Yan, 64, who founded Evergrande in 1996 in the southern Chinese province of Guangdong, is the latest tycoon to come under scrutiny since Chinese President Xi Jinping took power in 2012.

Following is a list of some other high-profile Chinese executives who have been investigated or arrested under Xi's leadership.

ZHAO WEIGUO, FORMER CHAIRMAN OF TSINGHUA UNIGROUP

In March, the former chairman of the chip conglomerate was charged with crimes including corruption and illegally earning profits for his friends and family.

Originating as a branch of China's prestigious Tsinghua University, state-backed Tsinghua Unigroup emerged in the previous decade as a would-be domestic champion for China’s laggard chip industry.

But the company racked up debt under Zhao. It spent billions on chip-related acquisitions but also unrelated, unprofitable businesses ranging from real estate to online gambling that eventually led it to default on bond payments in late 2020 and face bankruptcy.

BAO FAN, FOUNDER OF CHINA RENAISSANCE

The founder of China Renaissance Holdings was detained in February and the investment bank said in August he was co-operating with authorities as investigations continued.

It was unclear what the investigation was related to. Bao, who previously worked at Credit Suisse Group and Morgan Stanley, has been hailed as one of China's best-connected bankers, involved with major technology mergers including the tie-up of ride-hailing firms Didi and Kuaidi, food delivery giants Meituan and Dianping.

His whereabouts are unknown.

XIAO JIANHUA, FOUNDER OF TOMORROW HOLDINGS

Xiao has not been seen in public since 2017. In 2022, he was sentenced to 13 years in jail and his Tomorrow conglomerate was fined 55.03 billion yuan ($8.1 billion) by a Shanghai court.

The Chinese-Canadian billionaire, known to have links to China's Communist Party elite, was whisked away in a wheelchair from a luxury Hong Kong hotel in the early hours with his head covered, a source close to the tycoon told Reuters at the time.

The Shanghai court said at sentencing that Xiao and Tomorrow gave shares, real estate, cash and other assets to government officials totalling more than 680 million yuan for two decades from 2001 to 2021, to evade financial supervision and seek illegitimate benefits.


CHEN FENG, CHAIRMAN, AND TAN XIANGDONG, CEO, HNA GROUP

Chen and Tan of HNA Group were taken away by Chinese police due to suspected criminal offences in 2021 when HNA Group, once one of China's most acquisitive overseas buyers, was placed under bankruptcy administration.

In the 2010s, HNA Group, whose flagship business is Hainan Airlines, had used a $50 billion global acquisition spree, mainly fuelled by debt, to build an empire with stakes in businesses from Deutsche Bank to Hilton Worldwide.

WU XIAOHUI, CHAIRMAN OF ANBANG INSURANCE GROUP

Wu was prosecuted for economic crimes in early 2018 after China's insurance regulators found Anbang, an insurance-to-property conglomerate, had violated laws and regulations which "may seriously endanger the solvency of the company."

Prosecutors also seized control of the group.

Wu was arrested in June 2017 amid Beijing’s campaign to curtail big-spending conglomerates as it cracked down on financial risk. He was sentenced to 18 years in prison in May 2018 for fraud and embezzlement.

YE JIANMING, FOUNDER OF CEFC CHINA ENERGY

In 2017, Ye's CEFC agreed to buy a nearly $9.1 billion stake in Russian oil major Rosneft. A year later, he was investigated for suspected economic crimes and disappeared from public view in March 2018. A source familiar with the matter told Reuters at the time he had been taken in for questioning.

His conglomerate has now been dismantled under a mountain of debt in a remarkable fall from grace for the businessman who ranked second in Fortune magazine's "40 Under 40" list of the world’s most influential young people in 2016.

(Reporting By Kane Wu and Selena Li in Hong Kong, compiled by Anne Marie Roantree; editing by Miyoung Kim and Lincoln Feast)
Eli Lilly settles whistleblower lawsuit over manufacturing problems


Thu, September 28, 2023 

 Eli Lilly logo is shown on one of their offices in San Diego

By Dan Levine and Marisa Taylor

(Reuters) - Eli Lilly and Co and a former employee agreed to settle a lawsuit in which the worker claimed she was terminated after pointing out poor manufacturing practices and data falsification involving one of its blockbuster diabetes drugs, according to court filings.

The former human resources officer, Amrit Mula, contended in the lawsuit that she repeatedly urged leaders at a New Jersey plant to remedy problems involving several biologic drugs, including Type 2 diabetes medicine Trulicity.

Lilly called Mula a non-scientist whose allegations were "simply wrong," according to court filings.

Both sides reached a tentative agreement this year and were working to finalize the settlement, according to an August court filing.

A judge set a Wednesday deadline to inform the court whether they would resume litigating, and said that if they did not, the case would be dismissed. Neither side made additional court filings.

A Lilly spokesperson said the resolution "in no way admits any wrongdoing," and did not comment on details of the settlement. An attorney for Mula did not respond to an inquiry.

The New Jersey facility has been under scrutiny by the U.S. Food and Drug Administration since 2019 when inspectors found quality control data had been deleted and not appropriately audited, Reuters has reported. The plant has also produced several cancer medications and a COVID-19 therapy.

Inspectors later returned and found more problems, including that batches of drugs had been discarded because of manufacturing mistakes and quality control problems were not being properly investigated by the company to prevent recurrence.

Lilly has said it was working collaboratively with the FDA to address the agency's concerns.

Separately, the U.S. Department of Justice in 2021 launched a criminal investigation following a Reuters story that detailed some of Mula's allegations.

No charges have been filed. A DOJ spokesperson did not respond to a request for comment on the status of the investigation.

(Reporting by Dan Levine in San Francisco and Marisa Taylor in Washington; Editing by Jamie Freed)
Deutsche Bank studied 34 past U.S. recessions to identify key warning signs and found that all 4 are flashing red right now


Will Daniel
Thu, September 28, 2023 


Predicting recessions is hard. There are simply too many incalculable, volatile variables—as we’ve seen with the war in Ukraine and COVID-19—that can throw a wrench in even the most well-respected of economists’ forecasts. And as Albert Edwards, a strategist at French investment bank Société Générale, explained in a recent note: “History shows that, to the (limited) extent economists do actually predict a recession, its tardiness usually means they give up waiting just at the point it arrives.”

Deutsche Bank’s economists aren’t giving up their recession prediction, however, despite the ongoing resilience of the U.S. economy. As the first major investment bank to forecast a U.S. recession back in 2022, experts at the 153-year-old German institution have stuck to their guns this year, warning of another unpleasant and unavoidable American “boom and bust cycle.”

To back up their forecast, a Deutsche Bank team led by Jim Reid, head of global economics and thematic research, earlier this month analyzed 34 U.S. recessions dating back to 1854, looking for patterns in economic history. From the study, the group highlighted four key macroeconomic triggers that have caused recessions in the past: rapidly rising short-end interest rates, surging inflation, inversions of the yield curve, and oil price shocks.

For each trigger, Reid and his team calculated a historical “hit ratio”—or the percentage of times when these events occurred that led to a recession. They found that no single macroeconomic trigger can accurately predict a recession, but all four of the ones that are most commonly associated with recessions are happening right now.

“It’s impossible to accurately predict every recession using macro triggers,” Reid wrote in a follow-up discussion of the study on Thursday. “But it’s fair to say that the most significant ones [triggers] have been breached this cycle and that the U.S. tends to be more sensitive to these historically.”

Here’s a look at Deutsche Bank’s recession triggers and their “hit ratios” when it comes to predicting a recession.

A rapid rise in interest rates – 69%


First and foremost, rising interest rates tend to weigh on economic growth by raising the cost of borrowing for businesses and consumers, which often leads to recessions. In the U.S., since 1854, when short-term interest rates have risen by 2.5 percentage points over a 24-month period, there has been a recession within three years around 69% of the time, according to Deutsche Bank’s study.

Over the past 18 months, the Federal Reserve has increased the Fed funds rate roughly 5.2 percentage points in an effort to tame inflation. Historically, as Deutsche Bank demonstrated in its study, this hasn’t ended well for the economy.

“The U.S. seems to have the most sensitivity to interest rates,” Reid wrote Thursday of the data, adding that “the U.S. cycle has historically been more boom and bust than others in the G7.”

An inflation spike – 77%

Inflation soared to a four-decade high above 9% in June of 2022, but it has since retreated to a much milder 3.7%. Still, historically, the U.S. economy hasn’t managed spikes in inflation very well. Since 1854, a three percentage point rise in inflation over a 24-month period has caused a recession within three years 77% of the time.

The U.S. economy “seems to have the most sensitivity to inflationary spikes,” Reid explained, noting that France, the U.K., and Germany all have lower hit ratios when it comes to high inflation starting recessions.

An inverted yield curve – 74%

Typically, the yield on long-term bonds is higher than the yield on short-term bonds because investors are taking on more risk lending their money out for a longer period of time. But sometimes, that equation can flip for a variety of reasons. When this happens, and short-term bonds end up yielding more than long-term bonds, it’s called a yield curve inversion.

U.S. Treasuries have been stuck in inversion since July 2022, and according to Deutsche Bank that hasn’t been a good sign for the economy historically. “On yield curve inversions, the U.S. again has the highest hit ratio at 74.1%,” Reid explained. “And focusing just on the period since the 1953 recession, that rises to 79.9%.”

An oil price shock – 45%


Brent crude oil prices have soared roughly 33% since June to over $95 per barrel, leading many economists to fear inflation could prove to be more difficult to tame than the Federal Reserve might have imagined.

However, Deutsche Bank actually found that oil price shocks are less likely to signal recessions than other macroeconomic triggers, at least in the U.S. When oil prices have spiked 25% over a 12-month period, the U.S. has experienced a recession 45.9% of the time historically. And even when oil prices have spiked 50% over a two-year period, a recession has only occurred 48.2% of the time.

This story was originally featured on Fortune.com



The Arecibo Observatory's next phase as a STEM education center starts in 2024

The NSF announced the four institutions that will lead the new Arecibo C3 educational center.

Cheyenne MacDonald
·Weekend Editor
Fri, September 29, 2023 

RICARDO ARDUENGO via Getty Images

An educational center could open up at the site of the famed Arecibo Observatory in Puerto Rico as soon as early next year, but astronomy research won’t be among its missions. At least, not for now. The National Science Foundation announced this week that it’s chosen four institutions to take charge of the site’s transition, with a $5.5 million investment over the next five years. It’ll be a hub for STEM education, with a focus on life and computer sciences.

The NSF first revealed its plans for an education center at Arecibo last year after months of uncertainty about its future, confirming then that the telescope would not be rebuilt. The observatory’s main radio telescope suffered a catastrophic collapse in December 2020, when its 900-ton hanging instrument platform fell onto the dish below, destroying the 1,000-foot-wide structure. The collapse abruptly finalized the end of the telescope’s operations after nearly six decades of observations, during which it became a critical tool in the search for extraterrestrial intelligence and in advancing our understanding of the universe.

The new educational center, called the Arecibo Center for Culturally Relevant and Inclusive Science Education, Computational Skills, and Community Engagement (Arecibo C3 for short), is projected to open in early 2024. It’ll be led in collaboration by Cold Spring Harbor Laboratory, University of Puerto Rico-Río Piedras, Universidad del Sagrado Corazón, University of Maryland, Baltimore County.

While there are other working instruments at the site still, which researchers hoped to see funding for to continue science operations, the NSF confirmed to Nature that this is not in its current plans, though it will accept and consider proposals. The telescope's impact will be presented in an interactive exhibit at the new center. Arecibo C3’s executive director, astronomer Wanda Díaz-Merced, told Nature, “We will be building on the heritage of Arecibo, but we will be building in a wider sense.”