Wednesday, October 26, 2011

American Apparel executive Marty Staff steps down

Getprev
The troubled American Apparel clothing chain, known for its colorful basics and its flamboyant chief executive, Dov Charney, announced that its chief business development officer would be stepping down.

Marty Staff, who has spent much of his career at fashion companies, joined the Los Angeles clothing maker and retailer a little more than half a year ago in March. The company did not give a reason for Staff's departure.

In a statement Wednesday, American Apparel's Chief Executive Dov Charney said Staff was "one of the most experienced and capable professionals in our business."

"His contributions to American Apparel have been very substantial," Charney said.

American Apparel faced a liquidity crisis in the spring but obtained new financing. The retailer also has appointed several new executives and directors, cut expenses and shut underperforming stores.

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Ron Burkle is eyeing American Apparel's debt

American Apparel launches its first men's jeans

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-- Shan Li

Photo: An American Apparel store in Los Angeles. Credit: Lawrence K. Ho / Los Angeles Times

Asian stocks, euro rise on European rescue plan

Asian stock markets and the euro currency rallied on Thursday on word of Europe’s new plan to contain its two-year-old government debt crisis.

Share prices were up across the Asia-Pacific region at midday, with Japan’s Nikkei-225 index up 1.4%, the South Korean market up 1.2% and Australian shares up 2.3%.

The euro currency rose 0.5% to $1.398 from $1.391 on Wednesday. The euro has rebounded from its recent low of $1.318 on Oct. 3.

Yields rose on U.S. Treasury bonds trading in Asia, a sign that some investors were moving out of the classic haven of American government debt. The 10-year T-note yield edged up to 2.23% from 2.21% on Wednesday.

The plan to boost the firepower of Europe's rescue fund for struggling member states to an estimated $1.4 trillion "might just finally convince the skeptical markets that this time the backstop against contagion is for real," said Christopher Rupkey, economist at Bank of Tokyo-Mitsubishi.

European authorities will be bracing to see how the continent’s bond and stock markets react when trading opens at midnight PDT.

RELATED:

Will the rescue plan work? Watch European bond yields

Italy pledges reforms as part of debt-crisis plan

German Chancellor rallies support for rescue plan

-- Tom Petruno

twitter.com/tpetruno

Lap-Band sales fell 16% in third quarter, Allergan says

Get-thin photo

Sales of Allergan Inc.’s Lap-Band weight-loss device dropped 16% in the third quarter of the year, the company said.

The Lap-Band is familiar to many Southern California residents because it is marketed extensively by a company called 1-800-GET-THIN on freeway billboards, television, radio and the Internet. The ad company is not affiliated with Allergan.

In a Wednesday conference call with analysts, Allergan Chief Executive David E.I. Pyott blamed the slump in Lap-Band sales on the sluggish economy, high unemployment and steep insurance co-payment requirements. In a statement, the company said it “remains committed to the Lap-Band business, as we strongly believe it represents an important tool in addressing the obesity epidemic.”

Since 2009, five Southern California patients have died after undergoing Lap-Band procedures at clinics affiliated with the 1-800-GET-THIN ads, according to lawsuits, coroner’s records and interviews.

Several lawsuits have been filed against the advertising company, clinics at which the surgeries were performed and the doctors involved in the surgeries. Through their attorneys, the marketing company and surgery centers have denied wrongdoing.

The Lap-Band represents just a small fraction of Allergan’s sales. The Irvine company also markets Botox wrinkle treatment, breast implants, an eyelash lengthening drug and a number of eye medications. Allergan reported $1.31 billion in sales for the third quarter, down slightly from the $1.33 billion that analysts had expected. Its shares fell $3.22, or 3.7%, to $83.74 on Wednesday.

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Another patient dies after Lap-Band surgery

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Lap-Band clinic directed to improve

-- Stuart Pfeifer

Photo: An advertisement for Lap-Band surgery. Credit: Mariah Tauger / Los Angeles Times

WellPoint profit drops even as revenue grows

PICTURE -- WELLPOINT -- 10-26-11

Health insurance giant WellPoint Inc.’s profit dropped 7.6% in the third quarter compared with the same period last year even though enrollments and revenues rose.

The nation’s largest insurer by membership and parent of Anthem Blue Cross in California earned $683.2 million in the three months that ended Sept. 30, down from $739.1 million in the year-earlier period.

Executives at the Indianapolis company said profit was down partly because of lower investment income and higher expenses from the purchase of CareMore Health Group, a Cerritos healthcare provider that serves seniors. The company also said last year’s performance was aided by the release then of $110 million in reserves for operating expenses.

Despite smaller profit, earnings per share rose 3% in the third quarter to $1.90, up from $1.84 during the same period last year, primarily because the company bought back 13.4 million shares.

“Our ability to add new customers while controlling costs demonstrates our execution and emphasis on creating a more affordable operating model for our customers,” Chief Executive Angela F. Braly said in a statement.

WellPoint, which operates Blue Cross Blue Shield plans in 14 states, said enrollment in the third quarter grew 2.6% to 34.4 million, up from 33.5 million during the same period last year. The company has added more than 1 million new members since the beginning of the year.

Enrollment in its senior business grew faster, up 14.8% to 1.44 million policyholders from 1.26 million last year, aided by the company’s acquisition of CareMore.

Third quarter revenue rose 5.7% to $15.4 billion, up from $14.6 billion at the same time last year.

WellPoint raised its 2011 earnings forecast, saying it will be $6.90 to $7 per share, not counting investment gains. Previous guidance was $6.75 to $6.95 per share.

WellPoint shares were up $2.58, or 3.9%, to $69.58 on Wednesday.

RELATED:

Cost of employer health coverage climbs, survey finds

Wal-Mart cuts health coverage for part-timers, raises premiums

Census: Nearly 1 in 5 Californians lack health insurance

-- Duke Helfand

Photo: WellPoint headquarters in Indianapolis. Credit: Darron Cummings / Associated Press

New York Metro Area Has Highest Inequality in Country

It’s probably no wonder that the “Occupy” movement began with Wall Street: the New York metropolitan area has the highest inequality in the country, according to a new report from the Census Bureau.

CATHERINE RAMPELL
CATHERINE RAMPELL

Dollars to doughnuts.

The report, by Daniel H. Weinberg, analyzed income data at various geographical levels and found that the region encompassing New York, northern New Jersey, Long Island and parts of Pennsylvania had the highest income inequality of any large metro area.

Dollars to doughnuts.

New York State also has the highest income inequality of all 50 states (although Washington, D.C., was worse).

Below is a map showing three measures of income inequality for each state: the Gini index (which ranges from 0.0, when all households have equal shares of income, to 1.0, when one household has all the income and the rest has none); a ratio of household income at the 90th percentile to that at the 10th percentile; and a ratio of household income at the 95th percentile to that at the 20th.

In all cases, a higher value means greater inequality.

After New York, Connecticut, Louisiana, Mississippi and Texas have among the most unequal income distributions. At the low end are New Hampshire, Alaska and Utah, which is the most economically homogenous state in the nation.

Utah’s capital, Salt Lake City, also has the lowest income inequality of any major American metro area. The most unequal, as mentioned above, is New York, followed by Miami-Fort Lauderdale-Pompano Beach, Fla.

Mr. Weinberg’s report also has inequality measures down to the neighborhood level, which I recommend checking out. Remember, though, that fewer people are surveyed in such small places, so the margin of error is much greater.

When Confidence Is Lower Than the Economy Itself

Distrust in government is at its highest level in recorded history. Americans are worried that the economy is cratering. Protesters in the Occupy movement are voicing the frustrations of an increasing number of people.

There is no question that these sentiments reflect a grim reality: the poverty level is up. Inequality has grown exponentially since the 1970s. The European debt crisis remains unresolved. Unemployment is stuck at 9 percent, and if you count the people who have either given up looking or those who have taken part-time jobs because they can’t find full-time work, close to one in six people is underemployed.

Yet by at least one measure, how people feel seems disconnected from how things are. Consumer confidence is back down to lows last seen during the depths of the Great Recession, despite the fact that the economy is still, believe it or not, growing.

On Thursday, the Commerce Department will announce its estimate for economic growth in the three months from July through September. The consensus is now for an annual rate of 2.5 percent. Although that’s certainly not enough to bring down the unemployment rate significantly or increase middle-class incomes, it does suggest that the economy is not currently on the cusp of a double-dip recession.

Yet consumer confidence, as measured by both the Conference Board and the University of Michigan/Reuters index, is down to lows last seen in the fourth quarter of 2008, when the economy actually contracted at an annual rate of 9 percent.

It’s possible that the dip in confidence is a precursor of an actual pullback in spending that would, in turn, push economic growth down. But for now, actual spending does not seem to reflect the gloom that people feel. Chain store sales are up, as are auto sales. Part of the reason car sales have risen is that the supply chain disruptions caused by the Japanese earthquake and tsunami have receded. But people still have to buy the cars that are being produced.

Cars are usually bought on credit, which means buyers are committing to a stream of payments into the future. The fact that consumers are purchasing autos, said Ben Herzon, senior economist at Macroeconomic Advisers, “suggests they are not feeling as glum as they are reporting.”

It is not unprecedented that consumers would feel much worse than they actually behave.

According to the Conference Board, people do take longer to recover from a recession than the official economic metrics, in part because companies do not tend to create a lot of jobs until they are sure that growth is going to last. “The labor market has a significant impact on confidence readings,” said Lynn Franco, director of the consumer research center at the Conference Board.

So between 1991 and 1994, confidence zigzagged up and down. Twice during 1992, a year after the recovery had begun, confidence dipped as low as it had been during the recession. And in early 2003, a year after growth had resumed following the 2001 recession, consumer confidence fell to a far lower level than it ever reached during the recession.

The gap between perception and economic growth this time around also has to do with jobs. Employers are simply not creating them fast enough to instill optimism. On top of that, political brinkmanship over the debt ceiling in Washington, the Standard & Poor’s downgrading of the United States credit rating in August, and vast swings in the stock market have rocked confidence.

In fact, stock market volatility may be playing a larger role in the consumer mind-set than it has in the past. After Black Monday in 1987, when the Dow fell more than 22 percent in one day, the University of Michigan/Reuters index of consumer expectations, which records how consumers feel about their economic futures, fell just 7.7 points, said Ian Shepherdson, chief United States economist at High Frequency Economics. Since May of this year, that index has fallen more than 20 points.

And let’s face it, even at 2.5 percent growth in gross domestic product, no one would call that firing on all cylinders. The amount of time it is taking to recover from the financial crisis is throwing everyone.

“This recession, followed by sluggish recovery, is not the experience of pretty much anyone today,” Mr. Shepherdson said. “So for all intents and purposes nobody in America has any experience for an economy behaving like this. Economists don’t even understand it.”

He added: “So if people don’t really understand what’s going on in the economy, how can they frame reasonable expectations of where it’s going?”

Income for the top 1% has soared over last three decades

CBO Income growth chart
The rich have gotten richer over the last three decades -- and the very rich have gotten very richer -- far outpacing the middle class, according to a new government study.

The huge disparity in income growth significantly has widened the gap between the rich and the middle class, a key focus of protesters on Wall Street, in Los Angeles and elsewhere.

The top 1% of households saw their after-tax household income grow by 275% from 1979 to 2007, more than quadruple the growth of the rest of the top 20% of the population during that period, according to the study by nonpartisan Congressional Budget Office.

Meanwhile, income for the 60% of households that make up the middle of the income scale increased by slightly less than 40%, the study found. The poor -- the 20% of the population with the lowest income -- saw just an 18% increase.

"As a result of that uneven income growth, the distribution of after-tax household income in the United States was substantially more unequal in 2007 than in 1979," the report said.

The findings come as protesters have occupied parks near Wall Street, Los Angeles City Hall and around the country, decrying the growing pocketbooks and influence of what they have called "the 1%." The protesters have declared themselves to be "the 99%."

Overall, inflation-adjusted, after-tax income for the entire population rose 62% from 1979 to 2007.

The report said the exact cause of the rapid income growth for the richest Americans are not clear, but  researchers have speculated on some reasons: soaring salaries of superstar actors, athletes and musicians, more liberal executive compensation, and the growth of the financial sector.

At the same time, "the equalizing effect of federal taxes was smaller," the report said. The overall average federal tax rate fell slightly during the period because of income tax cuts, and the tax system became less progressive as more money was raised through payroll taxes.

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Personal income declined in August for first time since 2009

-- Jim Puzzanghera

 

Markets unfazed despite lack of details on Europe rescue plan

Merkel
European leaders' much-anticipated summit hasn't provided many details about a plan to contain the continent's debt crisis, but financial markets are giving Europe the benefit of the doubt.

Either that, or investors are just getting bored with all of this, after three months of waiting for solutions.

U.S. stocks closed broadly higher Wednesday, with the Dow Jones industrials up 162.42 points, or 1.4%, to 11,869.04. That recouped most of Tuesday’s 207-point drop.

Treasury bond yields rose, a sign that demand for bonds as a haven had eased. The 10-year T-note rose to 2.21% from 2.11% on Tuesday.

Overnight, European stock markets were little changed awaiting the summit. And the euro ended flat in New York at $1.391.

By about 1:45 p.m. PDT, the heads of state of the European Union had released a statement that called for recapitalizing troubled banks by mid-2012.

Still to be ironed out are the much tougher details about writing down Greek debt to keep the country afloat, and how much bigger the current $600-billion European rescue fund needs to be to backstop struggling member states.

U.S. stocks had opened higher, then pulled back. They got a lift at midday on a rumor that China would commit to investing in the European rescue fund to help give it more firepower, such as for insuring Eurozone countries’ bonds to make them more appealing to skittish investors.

French President Nicolas Sarkozy was said to be planning to call Chinese leader Hu Jintao to ask about a Chinese contribution.

It now appears that Eurozone leaders will end this summit by continuing to ask markets for more time to devise a package of fixes for the two-year-old debt crisis.

Never mind that this was the summit that was supposed to finally pull it all together.

The fear had been that, without concrete details, financial markets would go into another tailspin. But it isn’t looking that way.

“While people said they needed certainty out of the meeting, markets are saying that really wasn’t the case,” said Dan Katzive, currency strategist at Credit Suisse in New York. Investors seem content enough, he said, in believing that Eurozone leaders “aren’t going to allow a systemic collapse” of their banks and bond markets.

It also is helping the markets’ mood that U.S. economic data continue to point to continued expansion. For better or worse, that takes some pressure off the Europeans.

Noting the U.S. stock market’s rally since Oct. 3 -- the Dow is up 11.4% since then -- the message is that “U.S. equities want to go up, if only Europe could arrive at some conclusions,” said Alan Ruskin, currency strategist at Deutsche Bank Securities in New York.

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U.S. recession fears fade

No quick solution for Europe's ills

German parliament OKs leveraging European rescue fund

-- Tom Petruno

twitter.com/tpetruno

Photo: Polish Prime Minister Donald Tusk  kisses the hand of German Chancellor Angela Merkel at the European Union summit Wednesday. Credit: Eric Feferberg / AFP/ Getty Images

UAW ratifies new labor agreement with Chrysler

UAW ratifies Chrysler contract.
The United Auto Workers said its members have ratified a new labor agreement with Chrysler Group. 

With agreements just reached with Ford Motor Co. and General Motors Co., the Chrysler agreement looks to give the domestic industry four years of labor peace.

The agreements also pave the way for the UAW to focus on trying to organize U.S. factories operated by overseas automakers, especially in the southern tier of the country, which has grown into an automotive manufacturing region that rivals Detroit and the Midwest.

The Chrysler "agreement adds 2,100 new UAW jobs which, together with jobs added at GM and Ford, mean more than 20,000 direct manufacturing jobs will be added to our economy," said UAW President Bob King. 

The UAW represents 26,000 Chrysler workers, including 3,000 salaried employees, at 48 Chrysler facilities in the United States, making vehicles and components with the Chrysler, Jeep, Dodge, Mopar and Ram Truck brands.

“No one involved in the bargaining process leading to this agreement could forget about our near death experience slightly more than two years ago and the second chance we were given by the American and Canadian taxpayers. The faith that was placed in us then has been fully repaid,” said Sergio Marchionne, Chrysler Group Chairman and CEO. “This agreement is a credit to our workforce and the UAW leadership. It recognizes the significant contributions they have made toward our continuing recovery. It rewards them for the current and potential future success of the company while ensuring Chrysler Group will be able to remain competitive.”

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-- Jerry Hirsch

Twitter.com/LATimesJerry

Photo: Chrysler's 2011 Jeep Grand Cherokee is one of the new or redesigned vehicles expected to aid the automaker's turnaround. Credit:  European Pressphoto Agency

Polaris invests in electric motorcycle maker Brammo

PolarisBrammoPolaris Industries Inc., which manufactures all-terrain vehicles and the Victory and Indian motorcycle brands, announced a minority investment in electric motorcycle maker Brammo Inc. on Wednesday.

'We are excited to advance our electric vehicle capability by establishing Polaris as a business partner and part owner of Brammo, one of the most innovative and aggressive companies we have found in the electric motorcycle space," Polaris Chief Executive Scott Wine. "This is a small, but important, investment for Polaris in an electric vehicle market that we feel is poised for significant growth." 

The Polaris investment was part of $28-million funding deal for Brammo; additional contributions came from existing shareholder Alpine Energy and NorthPoint Investments.

The Polaris investment gives the Medina, Minn., manufacturer access to Brammo's proprietary electric vehicle powertrain technology, which has been in development since Brammo's founding in 2002. Polaris will also help Brammo grow its core business, according to a statement released Wednesday.

Brammo, based in Ashland, Ore., manufactures the Enertia electric motorcycle, capable of traveling 80 miles per charge at speeds in excess of 60 mph. In 2012, the company will expand its lineup with its Empulse sportbike capable of traveling 100 mph, and Encite and Engage dirt bikes.

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-- Susan Carpenter

Photo: Brammo Chief Executive Craig Bramscher stands next to a Polaris UTV and Brammo Enertia. Credit: Brammo

Ford shares slide despite big third-quarter profit

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Ford Motor Co. posted a big third-quarter profit, but it was slightly less than the same period a year earlier as losses in Europe and Asia dragged earnings down.

Ford said it had net income of $1.6 billion, about 2% less than the same period a year earlier.

It was profitable in North America and South America but lost money in other regions of the world.

Revenue rose by $4.1 billion, or 14%, to $33.1 billion.

“We delivered solid results for the third quarter despite an uncertain business environment,” said Alan Mulally, Ford’s chief executive.

Ford’s shares fell 81 cents, or 6.5%, to $11.62 midway through the trading day.

“Overall, it was a respectable quarter but there was nothing there to get the stock moving,” said Matt Collins, an analyst with Edward Jones.

He said Ford remains “on a gradual path to recovery, although the path is a bit bumpy.”  

The automaker continues to make progress improving its balance sheet. Ford sliced its debt to $12.7 billion by the end of the third quarter from $26.4 billion at the end of the same period a year earlier.

Company officials said Ford's financial health has improved to the point that it is considering reinstating a dividend, but they did not provide details on the timing.

The company borrowed heavily to restructure its business going into the recent recession. The strategy helped Ford avoid the bankruptcies and government bailouts that saved General Motors Co. and Chrysler Group, but left the automaker with heavy debt that it has been working to pay off.

Last week, Standard & Poor's Ratings Services raised its corporate credit rating on Ford and the automaker's lending arm, to BB+ from BB-. That puts the company just one notch below an investment-grade rating, which is an important measure of corporate health and would reduce the automaker's borrowing expenses.

Ford's "new four-year labor contract with the United Auto Workers has been ratified; we believe the contract will allow for continued profitability and cash generation in North America,” Standard & Poors said.

But the automaker suffered a setback this week when Ford fell to 20th place among 28 brands rated for vehicle reliability by Consumer Reports, an influential guide for car buyers. Last year Ford was 10th.

Consumers have complained about problems with the new transmission systems in the company’s Fiesta and Focus models. The automaker was also hurt by glitches with the MyFord Touch information and entertainment system on many of its models.

Ford acknowledged the issue in its earnings report, saying, “Quality remains mixed due to some near-term issues in North America, which Ford is addressing.”

RELATED:

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Detroit automakers still struggle to win California sales

Chevrolet plans big California sales and image campaign

-- Jerry Hirsch

Twitter.com/LATimesJerry

Photo: Ford Chief Executive Alan Mulally introduces the Focus ST at the 2011 North American International Auto Show in Detroit in January. Credit: AFP/Getty Images

Panera income up 27%, stock hits record high

Panera
Strong third-quarter earnings at Panera Bread Co. helped push the bakery café chain’s stock to a record high.

The fast-casual company said its revenue soared 22% to $453 million in the quarter ending Sept. 27, up from $371 million in the same period a year prior. Net income spiked 27% to $28.8 million from $22.7 million, sending the chain’s stock to a midday high of $133.80.

It closed at $115.72 on Tuesday.

Diluted earnings per share for the quarter settled at 97 cents apiece, up 29% year over year from 75 cents a share.

Sales at company-owned branches opened more than a year spiked 6%, while franchisees said their revenue collectively increased more than 3%.

Breakfast sandwiches were up 18% year over year. The new turkey artichoke panini sparked a 35% boom for the Signature Panini category. Cookie sales boomed 41% on the strength of Panera’s iced pumpkin cookie.

The chain plans to reintroduce its salmon salad and Cuban panini next year along with new items such as a turkey cranberry panini.

St. Louis-based Panera now has 1,504 locations open and plans to open up to 115 more next year.

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-- Tiffany Hsu

Photo: Panera Bread Co.

Consumer Confidential: Credit cards, college costs, travel prices

Credpic
Here's your walking-on-sunshine Wednesday roundup of consumer news from around the Web:

-- Your credit card knows a lot about you, and our friends at Visa and MasterCard may be using that info to sell you stuff. The Wall Street Journal says the credit card companies are currently trying to work out a system whereby purchases consumers make in a brick-and-mortar store can be used to deliver more effective ads online. A MasterCard document obtained by the Journal outlines some of the company's plans, which included linking Web users with purchases. According to document, the credit card provider said it believes "you are what you buy." The Journal said that Visa is planning a similar service, which would aggregate its customers' purchase history into segments, including location, to make ads more effective at appealing to people in a respective area.

-- The cost of a college education keeps going up. Average in-state tuition and fees at four-year public colleges rose an additional $631 this fall, or 8.3%, compared with a year ago, according to the College Board. Nationally, the cost of a full credit load has passed $8,000, an all-time high. Throw in room and board, and the average list price for a state school now runs more than $17,000 a year. The large increase in federal grants and tax credits for students, on top of stimulus dollars that prevented greater state cuts, helped keep the average tuition and fees that families actually pay much lower: about $2,490, or just $170 more than five years ago. But the days of states and families relying on budget relief from Washington appear numbered.

-- Also heading north: Travel prices. Higher demand and a reduced number of available seats will lead to higher airline ticket prices next year, even in a slow-growing economy, according to the American Express Global Business Travel Forecast. But prices won't jump as much as they did between 2010 and 2011, the forecast said. Business-class airfares are expected to rise the most next year. AmEx predicts prices for shorter North American flights in coach will increase by about 2% to 5%, while prices for longer economy flights will rise by 0.5% to 3.5%. In business class, rates will rise as much as 7% on shorter trips and 5% for longer ones.

-- David Lazarus

Photo: MasterCard and Visa may use your purchases to sell you stuff. Credit: Jonathan Bainbridge / Reuters

 

U.S. recession fears fade as economy shows more strength

Boilers
The dreaded "double-dip" still is a no-show.

When the government on Thursday issues its first estimate of third-quarter U.S. gross domestic product, the report is expected to show a sharp acceleration in economic growth from the first half.

Real GDP grew at an annualized rate of 2.5% in the three months ended Sept. 30, according to the average estimate of economists in a Bloomberg News survey.

That would be a jump from growth of just 1.3% in the second quarter and an even more paltry 0.4% in the first quarter.

A growth rate of 2.5% isn’t robust, but it’s also a far cry from expectations that the economy was on the cusp of a double-dip recession, meaning shrinkage, for the first time since 2009.

Economists have had to scramble to boost their growth estimates over the last month or so as the outlook clearly has improved. Brokerage UBS raised its third-quarter estimate to 2.7% from 1.5%. Ian Shepherdson at High Frequency Economics is forecasting a 3% growth rate, which would be the best pace since the economy grew at a 3.8% rate in the second quarter of 2010.

What happened to the double-dip?

Despite the financial markets’ mini-crash in early August tied to the U.S. credit-rating downgrade and Europe’s continuing debt crisis, American consumers’ spending actually picked up in the third quarter from the spring. U.S. retail sales jumped 1.1% in September from August, the best growth since February, government data show.

People may be feeling worse about the economy -- as reflected in dismal reports on consumer confidence -- but how they feel and what they do apparently are two different things.

The economy also got help in the third quarter from continued strong business investment, as companies put cash to work. UBS forecasts that business spending on equipment and software jumped at a 15% annualized rate in the quarter, up from 6.2% growth in the second quarter.

On Thursday, the government said orders for big-ticket items rose strongly last month, further stoking optimism about third-quarter growth.

Still, many economists believe that overall U.S. growth will decelerate again in the current quarter. The third quarter benefited in part from revived manufacturing that had been crimped by bottlenecks related to Japan's earthquake in March.

More important, some economists see consumers running out of buying power as incomes remain squeezed. With unemployment at 9.1%, companies have the leverage to keep wage growth low or nonexistent.

"The recent pick up in consumer spending has not been the result of an acceleration in real disposable income, suggesting that it is likely to be only temporary,” said Steven Ricchiuto, chief economist at Mizuho Securities in New York.

But that also may depend on whether more consumers decide they'd rather spend than save, as near-zero interest rates offer little incentive to put money aside. Third-quarter spending got a boost as U.S. saving as a percentage of disposable income fell to 4.5% in August, the lowest since 2009.

RELATED:

Home prices rose slightly in August

Consumer confidence plunges to 2009 levels

Mortgage refinancing to get easier under new Obama plan

-- Tom Petruno

twitter.com/tpetruno

Photo: High-efficiency boilers being assembled at a plant in New Jersey. Strong business spending on capital equipment was expected to boost U.S. economic growth in the third quarter. Credit: Emile Wamsteker / Bloomberg News

Indictment reveals insider-trading charges against Rajat Gupta [Updated]

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Prosecutors unsealed an indictment detailing insider-trading charges against one of the kings of American finance, Rajat Gupta, who surrendered to authorities earlier Wednesday morning.

A grand jury charged Gupta, the former head of the McKinsey & Co. consulting firm, with five counts of securities fraud and one count of conspiracy to commit securities fraud for providing inside information to hedge fund magnate Raj Rajaratnam, who was recently convicted and sent to prison for 11 years for insider trading. 

The complaint, unsealed in Manhattan federal court, says that Gupta, 62, provided Rajaratnam with information he had learned as a board member of Goldman Sachs and Procter & Gamble in 2008 and 2009. In one instance, Rajaratnam placed trades based on the information within 39 seconds of learning it from Gupta, authorities said.

In total, prosecutors say that Rajaratnam's Galleon Group hedge funds made profits or avoided losses of $23 million thanks to information from Gupta. They say Gupta stood to gain because of his business partnerships with Rajaratnam, including a private equity fund that they co-founded to invest in projects in Asia.

Gupta could face up to 20 years in prison for each count of securities fraud, according to prosecutors. The Securities and Exchange Commission separately filed a civil lawsuit against Gupta on Wednesday morning.

In a statement, the Manhattan U.S. attorney, Preet Bharara, said: "Rajat Gupta was entrusted by some of the premier institutions of American business to sit inside their boardrooms, among their executives and directors, and receive their confidential information so that he could give advice and counsel for the benefit of their shareholders. As alleged, he broke that trust and instead became the illegal eyes and ears in the boardroom for his friend and business associate, Raj Rajaratnam, who reaped enormous profits from Mr. Gupta's breach of duty."

The case is the latest insider-trading case brought by the U.S. attorney, who has said recently that the practice is "rampant" on Wall Street. The charges against Gupta, though, represent the highest profile figure ensnared in the wide-ranging investigation.

Gupta was first fingered in the probe earlier this year when the SEC accused him in regulatory proceedings of improperly sharing information he learned as a member of Goldman's board of directors.

Gupta was accused at the time of passing information to Rajaratnam about Warren Buffett's $5-billion investment in Goldman at the height of the financial crisis. The revelations came just days before Rajaratnam's trial on insider-trading charges began.

Since Gupta was accused, though, his case had mostly gone quiet, and there was some speculation that it was being dropped. Gupta sued the SEC this summer, accusing the agency of treating him unfairly by pursuing him through administrative proceedings rather than the more typical lawsuit or criminal charges.

In a dramatic turn in the case, Gupta surrendered to the FBI to face criminal charges at 5:15 a.m. Wednesday morning at the agency's Manhattan headquarters. An FBI spokesman said Gupta has been processed and would be formally arraigned in front of a judge later in the day.

[Updated at 9:55 a.m.: Gupta's lawyer, Gary Naftalis, said that the charges are "totally baseless" and that Gupta lost the investment he made with Rajaratnam.

"The facts in this case demonstrate that Mr. Gupta is innocent of any of these charges and that he has always acted with honesty and integrity.  He did not trade in any securities, did not tip Mr. Rajaratnam so he could trade, and did not share in any profits as part of any quid pro quo," Naftalis said in a statement. "We are confident that these accusations – which are based entirely on circumstantial evidence – cannot withstand scrutiny and that Mr. Gupta will be completely exonerated of any wrongdoing."]

Gupta's arrest marks a low point in the downward arc of a man who once was one of the most trusted figures in the corporate world, conferring with the most important figures of American finance. Within days of the civil case being made public in March, Gupta resigned from his positions on several corporate boards, including Procter & Gamble and American Airlines parent AMR Corp.

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-- Nathaniel Popper

Photo: Rajat Gupta, shown in 2008, has surrendered to the FBI. Credit: Mackson Wasamunu / Reuters

Diners ordering more tap water, less soda and coffee, report says

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The drink du jour in restaurants: tap water.

Penny-pinching diners are taking a break from beverages with a price and increasingly ordering free from the spout, according to a report from research firm NPD Group.

While requests for revenue-generating drinks have dropped by 2.7 billion servings over the last five years, often due to their price, thirsty customers have asked for 2.7 billion more glasses of tap.

But free water has a long way to go before it overtakes sodas and hot joe. Out of the 50 billion beverages currently served at restaurants, water accounts for just 8% while carbonated soft drinks and brewed coffee command 49%.

That segment, however, could be losing market share to drinks such as iced teas, smoothies, slushies and specialty coffees, according to NPD. Perhaps the shift is another symptom of changing consumer preferences for more specialized and healthful offerings that are manifesting across the restaurant industry.

“New flavors, addressing taste interests, preparing fresh/freshly made, and creating new versions of existing beverages are factors in the beverages that are growing,” NPD analyst Bonnie Riggs said in a statement.

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-- Tiffany Hsu

Indictment reveals insider-trading charges against Rajat Gupta

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Prosecutors unsealed an indictment detailing insider-trading charges against one of the kings of American finance, Rajat Gupta, who surrendered to authorities earlier Wednesday morning.

A grand jury charged Gupta, the former head of the McKinsey & Co. consulting firm, with five counts of securities fraud and one count of conspiracy to commit securities fraud for providing inside information to hedge fund magnate Raj Rajaratnam, who was recently convicted and sent to prison for 11 years for insider trading. 

The complaint, unsealed in Manhattan federal court, says that Gupta, 62, provided Rajaratnam with information he had learned as a board member of Goldman Sachs and Procter & Gamble in 2008 and 2009. In one instance, Rajaratnam placed trades based on the information within 39 seconds of learning it from Gupta, authorities said.

In total, prosecutors say that Rajaratnam's Galleon Group hedge funds made profits or avoided losses of $23 million thanks to information from Gupta. They say Gupta stood to gain because of his business partnerships with Rajaratnam, including a private equity fund that they co-founded to invest in projects in Asia.

Gupta could face up to 20 years in prison for each count of securities fraud, according to prosecutors. The Securities and Exchange Commission separately filed a civil lawsuit against Gupta on Wednesday morning.

In a statement, the Manhattan U.S. attorney, Preet Bharara, said: "Rajat Gupta was entrusted by some of the premier institutions of American business to sit inside their boardrooms, among their executives and directors, and receive their confidential information so that he could give advice and counsel for the benefit of their shareholders. As alleged, he broke that trust and instead became the illegal eyes and ears in the boardroom for his friend and business associate, Raj Rajaratnam, who reaped enormous profits from Mr. Gupta's breach of duty."

The case is the latest insider-trading case brought by the U.S. attorney, who has said recently that the practice is "rampant" on Wall Street. The charges against Gupta, though, represent the highest profile figure ensnared in the wide-ranging investigation.

Gupta was first fingered in the probe earlier this year when the SEC accused him in regulatory proceedings of improperly sharing information he learned as a member of Goldman's board of directors.

Gupta was accused at the time of passing information to Rajaratnam about Warren Buffett's $5-billion investment in Goldman at the height of the financial crisis. The revelations came just days before Rajaratnam's trial on insider-trading charges began.

Since Gupta was accused, though, his case had mostly gone quiet, and there was some speculation that it was being dropped. Gupta sued the SEC this summer, accusing the agency of treating him unfairly by pursuing him through administrative proceedings rather than the more typical lawsuit or criminal charges.

In a dramatic turn in the case, Gupta surrendered to the FBI to face criminal charges at 5:15 a.m. Wednesday morning at the agency's Manhattan headquarters. An FBI spokesman said Gupta has been processed and would be formally arraigned in front of a judge later in the day.

Gupta's lawyer, Gary Naftalis, could not immediately be reached for comment. When the SEC initially accused Gupta, Naftalis said, "Mr. Gupta has done nothing wrong and is confident that these unfounded allegations will be rejected by any fair and impartial fact-finder."

Gupta's arrest marks a low point in the downward arc of a man who once was one of the most trusted figures in the corporate world, conferring with the most important figures of American finance. Within days of the civil case being made public in March, Gupta resigned from his positions on several corporate boards, including Procter & Gamble and American Airlines parent AMR Corp.

RELATED:

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Former Goldman Sachs director Rajat Gupta sues SEC

Rajat Gupta, former Goldman Sachs director, accused of insider trading

-- Nathaniel Popper

Photo: Rajat Gupta, shown in 2008, has surrendered to the FBI. Credit: Mackson Wasamunu / Reuters

Thank you Germany


Angela Merkel glowers at the Bundestag today (Photo: Reuters)


Alone among EU leaders, Chancellor Angela Merkel goes to tonight’s summit in Brussels with an iron-clad mandate. It is a remarkable moment. Never before – to my knowledge – has a national parliament demanded and held a prior vote on an EU summit accord.


Had this principle been established a long time ago, we might have avoided much of the relentless Treaty creep and EU aggrandizement advanced by secret deals at the Bâtiment Justus Lipsius. Thank you Germany.


Thank you too, judges of the Verfassungsgericht, for giving the Bundestag a veto on EU encroachments on fiscal sovereignty. The court is seemingly the only tribunal willing and able to defend the liberties of European citizens against EU over-reach, and is therefore my supreme court too even as a British citizen.


Dr Merkel has won her vote. She secured an "own majority" for proposals to leverage the €440bn bail-out fund (EFSF) into the stratosphere, with the support of some very sheepish looking law-makers from posturing Free Democrats and Bavaria’s Social Christians.


But what a price she paid. The credibility of her team is shattered. Europe has all but destroyed her, even if she manages to limp on to the next crisis.


As she glowered darkly, speaker after speaker from the Social Democrats (SPD), the Greens, and Die Linke, asked how she could possibly reconcile her plan to leverage the EFSF to €1 trillion or €1.5 trillion (we still don’t know how much) with solemn pledges to the Bundestag just three weeks ago that there would be no such leverage.


"Shameless abuse of the truth," was the verdict of SPD leader Frank-Walter Steinmeier. The government had acted "tactically" at every turn, "misled the people", "held back information", "crossed every red line", brought Europe "to its knees" with botched policies, and lied blatantly about EFSF leverage.


"You came here to say there would be no leverage, not three years ago, not three months ago, but three weeks ago. You denied everything."


"This is a matter of democracy in our country. Trust is the resource with which we all work." (For those German speakers who watched the debate, excuse my instant and loose translation, but I think it is not far off.)


Die Linke (Left) leader Gregor Gysi was electrifying. "It is the arrogance of power," he began, and never let go.


"Every week you come up with a different story about this crisis."


"We were told there would be no leverage and you have reversed everything in a matter of weeks. Now we learn that the 20pc loss will fall entirely on taxpayers. They alone will pay. That is the decision you are taking."


"Why don’t you tell German taxpayers the truth? They are being asked to pay the losses for French banks."

Green leader Jürgen Trittin rebuked Dr Merkel for hiding the true implications of EFSF leverage, particularly the plan to insure the first 20pc of losses on Club Med bonds.


"Why are you shying away from telling the people the truth? You must tell people what this leverage means. You must explain to them what the risk is, and why it is necessary. But you wriggled out of it."


"You came here three weeks ago and said there would be no leverage. This is the sort of thing that unnerves people."


And so it went on, raw red-blooded democracy.


The unpleasant truth is that the EFSF leverage proposals are idiotic, the worst sort of financial engineering, legerdemain, and trickery.


As countless economists have pointed out, it concentrates risk. Germany’s €211bn commitment to the fund is not technically breached but the risk of suffering large and perhaps total loss is vastly increased. Creditor states switch from protected senior status on Greek, Portuguese, or Italian debt to the bottom rung on new slabs of sub-prime structured credit. The bluff might well be called.


The consequence will be to bring forward the downgrade of France and other states. It will accelerate contagion to the core, not stop it.


Why is Germany pushing for such a destructive policy? Because it dares not cross the €211bn red-line that has become totemic in the Bundestag, and because it has for ideological and cultural reasons excluded the one option that can plausibly halt the eurozone crisis – which is mobilizing the full fire-power of the European Central Bank.


It should be obvious by now that euroland needs an authentic lender-of-last-resort. Yes, there is a risk that ECB bond purchases could degenerate into chronic monetisation of deficits. But it is an even greater risk that the EFSF – as proposed – will set off a calamitous chain of events.


Personally, I felt almost swept along by Chancellor Merkel as she pleaded for support to help put Greece "back on its feet again", etc, etc, and warned with pathos that another fifty years of peace in Europe cannot be taken for granted.


But as soon as you think about it, such a claim to idealism is make-believe. Her own government is the architect and enforcer of one-sided austerity policies – without offsetting monetary and exchange stimulus, or demand growth in the North – that are pushing Southern Europe into debt deflation and a downward economic spiral.


It is her own call for bondholder haircuts in Greece that set off contagion from Greece, first to Ireland and Portugal, and then to Italy and Spain. It is her refusal to contemplate a change in the mandate of the ECB – by treaty if necessary – that is now exacerbating the crisis.


Far from preserving the peace of Europe for another fifty years, her policies are more likely to bring about the very mischief and grief she warns against.


So let us take her Rhetorik with a pinch of salt.


Still, a splendid day for German democracy.



Rajat Gupta in custody as insider-trading case takes dramatic turn

One of the most revered figures in U.S. finance, Rajat Gupta, surrendered to the FBI on Wednesday morning to face charges in a wide-ranging government investigation of insider trading on Wall Street.

Gupta, the former head of the consulting firm McKinsey & Co., was first fingered in the probe earlier this year when the Securities and Exchange Commission accused him in regulatory proceedings of improperly sharing information he learned as a member of Goldman Sachs' board of directors.

Gupta was accused at the time of sharing information with hedge fund magnate Raj Rajaratnam about Warren Buffett's $5-billion investment in Goldman at the height of the financial crisis. The revelations came just days before Rajaratnam's trial on insider-trading charges began. Rajaratnam was convicted, partially based on his interactions with Gupta, and recently received the longest sentence ever for insider trading violations.

Since Gupta was accused, though, his case had mostly gone quiet, and there was some speculation that it was being dropped. Gupta sued the SEC this summer, accusing the agency of treating him unfairly by pursuing him through administrative proceedings rather than the more typical lawsuit or criminal charges.

In a dramatic turn in the case, Gupta surrendered to the FBI to face criminal charges at 5:15 a.m. Wednesday morning at the agency's Manhattan headquarters. An FBI spokesman said Gupta has been processed and will be formally charged later today by the U.S. attorney's office. The criminal indictment charging him is still under seal.

Gupta's lawyer, Gary Naftalis, could not immediately be reached for comment. When the SEC initially accused Gupta, Naftalis said  "Mr. Gupta has done nothing wrong and is confident that these unfounded allegations will be rejected by any fair and impartial fact-finder."

Gupta's arrest marks a low point in the downward arc of a man who was once one of the most trusted figures in the corporate world, conferring with the kings of American finance. Within days of the civil case being made public in March, Gupta resigned from his positions on several corporate boards, including those of Procter & Gamble and American Airlines' parent company.

RELATED:

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-- Nathaniel Popper

Was Qaddafi Overpaid?

Casey B. Mulligan is an economics professor at the University of Chicago.

By most measures, the former dictator Muammar el-Qaddafi looks to have been overpaid, even as dictators go.

Today’s Economist

Perspectives from expert contributors.

Colonel Qaddafi’s wealth had recently been estimated in the tens of billions. But it now looks as though he could have been worth more than $200 billion.

Perspectives from expert contributors.

Obviously, $200 billion, or even $10 billion, is a lot for wealth for one person. But $200 billion is but a fraction of Libya’s national wealth. Its proven oil reserves alone total 46 billion barrels. If those barrels were valued at $100 each, the oil reserves alone would be $4.6 trillion, or 23 times Colonel Qaddafi’s wealth.

In my research on dictators and their public finances, I estimate that, on average, dictators were taking about 3 percent of their nations’ incomes in the form of excessive taxation. Judging from Colonel Qaddafi’s share of Libya’s national wealth, that’s about what he was taking.

Dictators typically spend a lot on the military in order to protect themselves from people who might want to take their lucrative jobs, which itself is a sure sign that a dictator is overpaid. Led by Colonel Qaddafi, Libya’s government spent more of the nation’s income on the military than the average dictatorship does. Libya also spent less of its national income on social security than the typical dictatorship does, although perhaps a bit more than an economically and demographically similar democratic country would.

Colonel Qaddafi’s regime was known to torture and execute its political enemies. So it’s clear that the citizens of Libya were sacrificing too much for their leaders.

What’s less clear is whether the next leaders of Libya will take less or offer better services for the citizens of Libya. Egypt’s experience since Hosni Mubarak shows that the overthrow of a longtime dictator does not by itself bring freedom or democracy. Libya has much more in oil riches than Egypt, and political opponents in Libya are likely to find that wealth worth a violent fight.

Let’s hope that a long, bloody Libyan civil war does not make Colonel Qaddafi’s “fees” for his longtime leadership look cheap.

The Republican Idea of Tax Reform

Bruce Bartlett held senior policy roles in the Reagan and George H.W. Bush administrations and served on the staffs of Representatives Jack Kemp and Ron Paul. He is the author of the forthcoming book “The Benefit and the Burden.”

Back in 1995, flush from taking control of both the House and Senate for the first time since 1954, Republicans made tax reform one of their first priorities. House Speaker Newt Gingrich and Senate Majority Leader Bob Dole asked Jack Kemp, the former congressman and secretary of housing and urban development, to lead a commission that would report back with recommendations for fundamental tax reform.

Today’s Economist

Perspectives from expert contributors.

Among the members of the Kemp commission, formally the National Commission on Economic Growth and Tax Reform, was Herman Cain, then the chief executive of Godfather’s Pizza. I assisted the commission in a voluntary capacity, along with a number of other Republican tax policy wonks. I still have a copy of the commission report, issued in January 1996, that Mr. Cain and the other commission members signed.

Perspectives from expert contributors.

I don’t have much recollection of Mr. Cain’s contribution to the commission’s work, but I don’t have much recollection of mine, either. I remember him as being very friendly and easy to work with.

In the end, the Kemp commission didn’t come up with a specific tax reform plan. Its report set forth only a set of general principles that didn’t add much to what everyone already knew about the Republican tax philosophy. It didn’t matter very much; it quickly became clear that Congressional Republicans were losing interest in tax reform, which implies revenue-neutrality, in favor of tax cuts.

Tax cuts had effectively been off the table since 1981, as budget deficits made them politically impossible. Republicans today prefer to forget that Ronald Reagan signed into law 11 major tax increases, including the Tax Equity and Fiscal Responsibility Act of 1982, the largest peacetime tax increase in American history.

Of course, there was still a net tax cut during the Reagan administration. The same source of the table above, the federal budget for fiscal year 1990, shows that revenue was $264.4 billion lower in 1988 than it would have been without the 1981 tax cut. But Reagan effectively took back half of it by his last year in office.

It was their inability to simply cut taxes that really made Republicans interested in tax reform, which had historically been of more interest to Democrats. It was only by pairing tax increases with tax cuts that Republicans could keep alive their goal of reducing statutory tax rates. Their ultimate goal has long been to abolish progressivity by having a single tax rate that applies to everyone.

In the 1980s, Republicans settled for incremental progress toward this goal, which explains their support for the Tax Reform Act of 1986.

But in their hearts, Republicans don’t ever want to raise taxes; they only want to cut them. Consequently, tax reform has always taken a back seat to tax cuts whenever political and economic conditions permitted them. Those conditions began to emerge just as the Kemp commission finished its work.

Bill Clinton, in his budget for fiscal year 1997, which was released in early 1996, projected a federal budget surplus by 2001. It turned out that the tax increases initiated by George H.W. Bush in 1990 and by Mr. Clinton in 1993, which were strenuously opposed by virtually all Republicans, did exactly what they were supposed to do and sharply reduced federal budget deficits.

Nevertheless, Republican dogma insists that tax increases just fuel spending and never reduce the deficit. As the Republican tax guru Grover Norquist put it last week, when taxes are on the table there are no spending cuts. “When taxes are off the table, you get spending cuts,” he said.

My friend Grover is factually wrong. Spending as a share of the gross domestic product fell after both the 1990 and 1993 budget deals, in large part because of tough budget controls that Republicans abandoned in 2002 so that they could cut taxes without restraint. And contrary to Mr. Norquist’s theory, the tax cuts of the George W. Bush years did not constrain spending, which rose as a share of the G.D.P. almost every year of his administration (as the raw data confirms).

The point is that once deficits started to disappear, Republicans lost interest in tax reform and turned their attention instead to tax cuts. In 1997, they were successful, joining with Democrats to cut the capital gains rate and create tax credits for children and education, among other things. Of course, in the 2000s, Republicans cut taxes heavily without regard to the budget deficit.

It is only because they have invested so much effort in attacking President Obama for budget deficits that actually arose in large part from Republican policies, like the Medicare Part D program and two unfunded wars, that Republicans are somewhat inhibited from offering more tax cuts today.

This is what has turned their attention back toward tax reform, like Mr. Cain’s 9-9-9 plan, which apparently has evolved into a 9-0-9 plan, and the flat tax, which Gov. Rick Perry of Texas now champions.

While tax reform is a worthy goal — and long overdue — the recent interest by Republicans in the subject should not be taken too seriously. They are only biding their time until political conditions allow them to once again cut taxes.

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