April 27, 2024

Archives for May 2012

DealBook: Ackermann Hands Over Reins of Deutsche Bank

FRANKFURT — Josef Ackermann bowed out Thursday as the chief executive of Deutsche Bank after more than a decade in which he transformed the institution into a global contender but also became a symbol to many Germans of the excesses of capitalism.

At the bank’s annual meeting, Mr. Ackermann passed his responsibilities to two subordinates who will run the bank in tandem. Anshu Jain, a native of India who has been in charge of Deutsche Bank’s investment banking operations, will serve as co-chief executive with Jürgen Fitschen, a German whose title is head of Deutsche Bank regional management.

Mr. Ackermann’s talent for drawing both accolades and catcalls was on view during his last appearance before shareholders in an arena often used for rock concerts. Among a crowd of about 7,000 — a record for the company’s meetings — there were some boos and shouted insults as Mr. Ackermann reviewed the bank’s achievements in the last decade. But at the end of his speech shareholders gave him a standing ovation.

Under Mr. Ackermann, the stock has ridden a roller coaster, peaking above 100 euros, or $124, in 2007 but falling below 20 euros in 2009. On Thursday, the shares closed at 29.09 euros.

“I have done my duty and served the company with all my strength,” said Mr. Ackermann, who is retiring, at age 64, having stayed longer than initially planned.

Mr. Ackermann, a Swiss citizen who joined Deutsche Bank from Credit Suisse in 1996 and became chief executive in 2002, made Deutsche Bank a force in international banking while also becoming an influential figure in political circles. Since the financial crisis and subsequent sovereign debt debacle weakened other German banks, Deutsche Bank remains the country’s only institution able to compete with the likes of Goldman Sachs or JPMorgan Chase.

But there were hints Thursday of the succession struggle that marred Mr. Ackermann’s final years at the bank and helped derail plans for him to become chairman of the supervisory board, a part-time oversight role that many of his predecessors have held. During a speech to shareholders, Mr. Ackermann made only the briefest mention of his successors, Mr. Jain and Mr. Fitschen, saying they ‘‘can build on what we have achieved together.’’

The investment banking business run by Mr. Jain, 49, has often been responsible for most of Deutsche Bank’s profit, which last year was 4.3 billion euros. But some critics have questioned putting an investment banker at the head of the institution when risk-taking by traders is under fire, and when Deutsche Bank is trying to re-emphasize traditional businesses like retail banking.

Mr. Fitschen is seen as a transitional figure who will help compensate for Mr. Jain’s lack of fluency in German and maintain the bank’s close ties to political leaders in Europe. At 63, Mr. Fitschen is just a few months younger than Mr. Ackermann.

While Deutsche Bank earned most of its 32 billion euros of revenue last year outside Germany, many Germans regard the bank as de facto common property, although the government has no stake — ‘‘half a bank and half a part of Germany,’’ as the newspaper Handelsblatt wrote recently.

As usual, the annual meeting was a mass event with thousands of shareholders converging on a Frankfurt arena that in a few weeks will be used for a concert by the American rappers Jay-Z and Kanye West. The shareholders lined up for wurst and potato salad at buffet tables, and there was even a place where they could have souvenir photos taken.

Leaders including the German chancellor, Angela Merkel, or Jean-Claude Trichet, president of the European Central Bank until last year, sought Mr. Ackermann’s views, particularly after the financial crisis exploded in 2008. He was also an advocate for banking interests as president of the Institute of International Finance, an industry group whose membership also includes most large U.S. banks.

But Mr. Ackermann has drawn his share of controversy. His salary of 6.3 million euros in 2011 was not outlandish compared with those of the leaders of other big banks. But in some years he has been the highest-paid chief executive in Germany, becoming to some a symbol of corporate greed.

Deutsche Bank has also come under fire for what some critics regard as an unusually high number of lawsuits by aggrieved customers or official investigations. In early May, Deutsche Bank agreed to pay the U.S. government more than $200 million to settle accusations that it knowingly misled the Department of Housing and Urban Development about the quality of mortgages that later defaulted.

“We are concerned about the number of litigations and investigations which have mounted in the last few years,” said Hans-Christoph Hirt, global head of corporate engagement at Hermes Equity Ownership Services, a unit of Hermes Fund Managers that represents several large Deutsche Bank shareholders.

“This doesn’t look good and raises concerns about how new business opportunities and business activities are assessed before they are entered into,” Mr. Hirt said.

Mr. Ackermann acknowledged that the bank had made mistakes. “No business can be worth risking the bank’s reputation and credibility,” he said. “From today’s perspective, and I underline today’s perspective, we did not always completely live up to this principle during the years of excessive exuberance prior to the financial crisis.”

Mr. Hirt also criticized what he said was weak oversight by the bank’s supervisory board, which he blamed for an unseemly public battle over who would succeed Mr. Ackermann.

Clemens Börsig, who ceded his seat as chairman of the supervisory board Thursday, resigned amid criticism of the way he handled the selection of Mr. Ackermann’s successor. And he had warred openly with Mr. Ackermann.

But the two men shook hands warmly on stage at the annual meeting. ‘‘Contrary to press reports, we always worked together in a collegial spirit in the interests of the bank,’’ Mr. Ackermann said.

The relationship between Mr. Ackermann and Mr. Jain, his onetime protégé, also seemed to cool in recent years. During his speech to shareholders, Mr. Ackermann lavished praise on two top executives, Hugo Bänziger and Hermann-Josef Lamberti, who are leaving to make way for managers close to Mr. Jain.

Mr. Börsiis also leaving as chairman of the supervisory board and will be replaced by Paul Achleitner, former head of Goldman Sachs in Germany and until this week chief financial officer of Allianz, a Munich insurance company.

While there is a tradition among Deutsche Bank chief executives of taking over the supervisory board after they retire, some investors objected to Mr. Ackermann’s assuming that role, fearing he might impede his successor. So Mr. Ackermann chose not to seek the post, rather than face possible opposition in the annual meeting.

Mr. Achleitner, who at 55 is young to head the supervisory board of a large German company, is expected to be an activist chairman. That could create friction with Mr. Jain. But Mr. Hirt of Hermes said he welcomed Mr. Achleitner’s influence.

The supervisory board, Mr. Hirt said, should “think a little about the culture and think about the reasons for all the litigation and investigations. That’s really an area we would like them to focus on.”

Article source: http://dealbook.nytimes.com/2012/05/31/ackermann-hands-over-reins-of-deutsche-bank/?partner=rss&emc=rss

Special Section: Personal Tech: Daddy, What Are Compact Discs?


A Guide to Deciphering the Language of Smartphones

Buying a smartphone means wading through a number of specialized terms, like 3G, 4G, CDMA and GSM. Here is a guide to some of them.

Article source: http://www.nytimes.com/indexes/2012/05/30/technology/personaltechspecial/index.html?partner=rss&emc=rss

Bits Blog: RIM Shares Drop, and Analysts Warn of Further Trouble

Research in Motion’s already depressed shares fell sharply on Wednesday after the company unexpectedly warned that it would probably post a loss for its first quarter, and several analysts predicted worse is yet to come.

Although RIM had stopped giving investors financial forecasts, largely because it consistently failed to meet them over the last year, it took the unusual step of issuing a statement late Tuesday saying that it might lose money in the quarter, which ends Saturday.

RIM’s shares fell 88 cents, or 7.8 percent, to $10.35.

While many analysts had said they expected that RIM, which makes the BlackBerry, might start to lose money this fiscal year, none had predicted it would do so in the first quarter. RIM reported a loss for its previous quarter but it was caused by exceptional charges. Before the announcement Tuesday, the consensus of analysts was that the company would earn 42 cents a share in the first quarter, with the most pessimistic forecast at 16 cents.

Unlike many of his colleagues, Kris Thompson of National Bank Financial did not have to lower his target price for RIM’s shares after the announcement. He has predicted since last December that it would fall to $8 a share.

He shares the growing concern that RIM’s decline may reach a stage where a new line of phones and the new BlackBerry 10 operating system — which will appear this year — will not be enough to turn the company around.

In a note to investors, Mr. Thompson compared buying RIM’s shares to “going to the casino.” He added, “If you’re feeling lucky, this stock might be worth a dice-roll under $10.”

He wrote that RIM’s announcement Tuesday that it had hired J.P. Morgan Securities and RBC Capital Markets, a unit of the Royal Bank of Canada, to conduct a strategic review was a signal that RIM was for sale.

But Ehud Gelblum of Morgan Stanley offered a different analysis in his note to investors.

“We do not believe RIMM is actively looking to sell the company despite the hiring of bankers to explore alternatives,” Mr. Gelblum wrote, using the company’s stock symbol. Instead, he wrote that it was more likely that RIM would sell only a part of itself, or turn over the operation of its unique global network, which provides corporate BlackBerrys with a high level of security, to another company under contract.

While Thorsten Heins, president and chief executive of RIM, has said it would review licensing BlackBerry software to other companies, Mr. Gelblum wrote that this might actually harm the company because it “would just invite others to beat RIM” using its own operating system.

He forecast that RIM’s shares could drop to as low as $6 or, if BlackBerry 10 is a success and the company’s business outside North America accelerates, rise to as high as $20. A year ago, RIM traded at more than $43.

Mark Sue, of RBC Capital Markets, cut his forecast for RIM’s share price to $11 from $13. He again warned that RIM’s market share could fall below 5 percent. That level “is the realm of subscale operations, razor-thin profits and decreasing odds of a turnaround,” he said.

He said RIM’s deteriorating finances could hamper the BlackBerry 10 phone introduction and accelerate the move by high-end BlackBerry users in the United States to iPhones and phones based on Google’s Android operating system.

Article source: http://bits.blogs.nytimes.com/2012/05/30/rim-shares-drop-and-analysts-warn-of-further-trouble/?partner=rss&emc=rss

Economix Blog: In Europe, a Dispute Over Facts and Fairness

DAVID LEONHARDT

DAVID LEONHARDT

Thoughts on the economic scene.

Part of Europe’s problem is that Europeans can’t agree on some basic facts about the continent’s financial crisis. Consider the striking results of a recent poll by the Pew Research Center:

Pew Research Center

In most large European countries, a plurality of people say Germans are the hardest-working Europeans, with a substantial share also saying that Greeks are the least hard-working. Greeks, on the other hand, say Italians are the least hard-working — and view themselves as the hardest working.

Pew explains:

The crisis has exposed sharp differences between some Europeans. Germany is the most admired nation in the E.U. and its leader the most respected. The Germans are judged to be Europe’s most hard-working people. And the Germans are the strongest supporters of both European economic integration and the European Union.

Greece is the polar opposite. None of its fellow E.U. members surveyed see it in a positive light. In turn, Greeks are among the most disparaging of European economic integration and the harshest critics of the European Union. And they see themselves as Europe’s most hard-working people.

James Surowiecki’s column in this week’s edition of The New Yorker touches on similar themes:

Europe isn’t arguing just about what the most sensible economic policy is. It’s arguing about what is fair. German voters and politicians think it’s unfair to ask Germany to continue to foot the bill for countries that lived beyond their means and piled up huge debts they can’t repay. They think it’s unfair to expect Germany to make an open-ended commitment to support these countries in the absence of meaningful reform. But Greek voters are equally certain that it’s unfair for them to suffer years of slim government budgets and high unemployment in order to repay foreign banks and richer northern neighbors, which have reaped outsized benefits from closer European integration. The grievances aren’t unreasonable, on either side, but the focus on fairness, by making it harder to reach any kind of agreement at all, could prove disastrous.

Article source: http://economix.blogs.nytimes.com/2012/05/29/in-europe-a-dispute-over-facts-and-fairness/?partner=rss&emc=rss

DealBook: Rockefeller and Rothschild Dynasties Join Forces

Jacob Rothschild, chairman of the investment trust RIT Capital Partners.Jason Alden/Bloomberg NewsJacob Rothschild, chairman of the investment trust RIT Capital Partners.

LONDON – Two of the world’s best-known banking families are combining forces after RIT Capital Partners, the investment trust chaired by Jacob Rothschild, said on Wednesday that it was buying a minority stake in the investment and wealth management firm Rockefeller Financial Services.

Under the terms of the deal, RIT Capital will buy a 37 percent stake in Rockefeller Financial Services, which was founded in 1882 and currently has around $34 billion in client assets under administration.

The fee was not disclosed, and RIT Capital said it would acquire the stake in the American firm from Société Générale Private Banking of France.

RIT Capital and Rockefeller Financial Services said they would collaborate on investment opportunities and other areas of shared expertise. The transaction will also give RIT Capital, which is based in London, a presence in the United States.

“We are delighted at the prospect of bringing together these two entities in a long-term partnership,” Mr. Rothschild, chairman of RIT Capital, said in a statement. “The creation of this partnership with the Rockefeller family is truly historic.”

John D. Rockefeller founded Standard Oil and went on to create one of the century's great fortunes.Hulton-Deutsch Collection/CorbisJohn D. Rockefeller founded Standard Oil and went on to create one of the century’s great fortunes.
A portrait of Nathan Meyer Rothschild, who helped finance Britain's victory at Waterloo.Jonathan Player for The New York TimesA portrait of Nathan Meyer Rothschild, who helped finance Britain’s victory at Waterloo.

The deal between the two well-known banking families comes after RIT Capital, whose assets total £1.9 billion, or $3 billion, announced a partnership in March with the Edmond de Rothschild Group, an international private banking and asset management group chaired by Benjamin de Rothschild.

The Rothschilds, whose banking dynasty dates back to the 18th century and now operates across a number of European countries, also are currently consolidating their French and British operations.

In a deal announced on April 5, Paris Orléans, the Rothschild Group’s holding company, said it was buying minority stakes in its subsidiaries, including N.M. Rothschild Sons, the investment bank based in London, and the group’s French asset management business.

The deal to buy a minority stake in Rockefeller Financial Services is expected to close by the end of September.

Article source: http://dealbook.nytimes.com/2012/05/30/rockefeller-and-rothschild-banking-dynasties-join-forces/?partner=rss&emc=rss

DealBook: Dewey Hopes to Resolve Bankruptcy Quickly

As Dewey LeBoeuf began its bankruptcy proceedings on Tuesday, its advisers said their aim was to speed the failed law firm through Chapter 11.

Among the chief near-term goals of Dewey advisers is reaching an agreement to recover money from some of the firm’s former partners, many of whom departed earlier this year amid fear about their employer’s financial health. That exodus drained Dewey of revenue and the confidence that the firm would survive.

Albert Togut, a lawyer representing the Dewey estate, said in a hearing on Tuesday afternoon in federal bankruptcy court in Manhattan that the firm was working on a settlement, which could resolve a legal matter that could otherwise take years to figure out. He declined to give details after the hearing.

Still, a settlement is likely to take time. Mark C. Zauderer, a lawyer representing about 50 to 60 former Dewey partners, said in court that he and his clients had not heard what the basis of such claims would be.

Tuesday’s hearing underscored a significant moment for the American legal industry. Dewey is the largest law firm in the United States to seek bankruptcy protection, superseding the bankruptcy of Finley Kumble, which dissolved in 1987.

Mr. Togut was also involved in that firm’s bankruptcy case, which he said was marred by infighting among partners. He said he hoped to avert a similar fight. “That case is the poster child for what not to do if you can avoid it,” he said in court.

Speculation about Dewey’s imminent demise had percolated for weeks, as waves of partners decamped and negotiations to sell the firm to rivals failed.

Mr. Togut said that the firm had not filed bankruptcy until late Monday night because it had already begun steps in its dissolution. It has been closing all of its offices in the United States except for its Midtown Manhattan headquarters, and has reduced its staff to a skeleton crew charged with liquidating the firm. At its peak, Dewey had 1,400 lawyers in 26 offices around the world.

When it filed for Chapter 11 protection late on Monday, Dewey said that it had about $315 million in liabilities. Among its largest unsecured creditors is the Pension Benefit Guaranty Corporation, which has filed a lawsuit against Dewey for $80 million to cover the obligations of the firm’s underfunded pension plans. A committee of Dewey’s unsecured creditors has yet to be formed.

Another large creditor is the Paramount Group, the landlord of the office tower housing Dewey’s elegant, wood-paneled headquarters at 1301 Avenue of the Americas. Paramount is owned $3.8 million in unpaid rent on Dewey’s 10 floors in the luxury building. Dewey’s departure from the space could work to the landlord’s benefit because the firm had a long-term below-market lease, according to people briefed on the matter but were not authorized to discuss the matter.

Perhaps the most interesting name on the creditor’s list is Emily L. Saffitz, who is owed $417,000 for a “severance arrangement,” according to the filing. Ms. Saffitz, who left the firm in April to join Thompson Knight, had complained over how she was treated by a former Dewey partner and told the firm’s management, according to a person with direct knowledge of the matter who spoke anonymously because the details of the agreement were private.

Ms. Saffitz did not return an e-mail or telephone call seeking comment.

Legal industry experts expect Dewey and its former partners to be mired in bankruptcy-related litigation for years. One potential question is whether the fees generated by former Dewey partners at their new firms on cases that originated at Dewey belong to the new firms or to Dewey.

Last week, a federal judge in Manhattan, in a case involving the defunct law firm Coudert Brothers, ruled that proceeds from cases that had started at Coudert belonged to the Coudert bankruptcy estate, not to the firms where Coudert’s former partners had landed.

Article source: http://dealbook.nytimes.com/2012/05/29/dewey-hopes-to-resolve-bankruptcy-quickly/?partner=rss&emc=rss

DealBook: Marubeni of Japan to Buy Gavilon for $3.6 Billion

The Gavilon Grain dock at the Port of Duluth-Superior in Superior, Wis., in January.Ariana Lindquist/Bloomberg NewsThe Gavilon Grain dock at the Port of Duluth-Superior in Superior, Wis., in January.

TOKYO — Marubeni, the Japanese trading house, said on Tuesday that it would buy the American grain merchant Gavilon Group for $3.6 billion, as it looks to ship American agricultural products to fast-growing Asian markets.

Buoyed by a strong yen, Japanese companies have been spending billions of dollars in recent years to secure access to resources like minerals and natural gas, activity that has helped fuel a global commodities boom.

The Gavilon acquisition would allow Marubeni to become a top global player in grains, handling over 55 million tons annually, according to a statement from the Japanese company. The deal for Gavilon would also give Tokyo-based Marubeni far greater control of supply and distribution in the United States, the world’s largest agricultural exporter.

“As part of a larger trading organization, Gavilon will be well-positioned to more efficiently connect supply with growing global demand,” Greg Heckman, president and chief executive of Gavilon, said in a statement.

Gavilon, based in Omaha, Neb., is the third-biggest grain distributor and trader in the United States, behind Archer Daniels Midland and Cargill. The company has been expanding its global presence, acquiring the DeBruce Companies in 2011 to bolster assets in the United States and Mexico. In a separate statement, Orascom Construction Industries of Egypt said it was selling its 16.8 percent stake in Gavilon to Marubeni for $605 million.

With Gavilon, Marubeni gains critical exposure to American agriculture market, securing supplies for its home market.

Japan is the largest grain importer in the world, relying on imports for 60 percent of its food in terms of calories.

Marubeni also hopes to position itself to supply growing demand in Asia, especially in China. As it continues to industrialize, China also faces shrinking farmland and other production constraints.

“We expect world grain trade volume to continue to grow on the back of robust demand in China and other emerging countries,” Marubeni said in a statement.

Article source: http://dealbook.nytimes.com/2012/05/29/marubeni-of-japan-to-buy-gavilon-for-3-6-billion/?partner=rss&emc=rss

DealBook: Research in Motion Projects a Quarterly Loss

6:24 p.m. | Updated

OTTAWA — Research in Motion, the beleaguered BlackBerry maker that is trying to revive its sales, warned investors on Tuesday that it was likely to post its second-consecutive quarterly loss next month.

In a bid to avoid the fate of Palm, a once high flying mobile device maker that was broken up and sold before effectively vanishing, RIM also said on Tuesday that it had retained J.P. Morgan Securities and RBC Capital Markets, a unit of the Royal Bank of Canada, to help guide it through a previously announced strategic review.

The review may lead to partnerships with other companies, the licensing of BlackBerry software or “strategic business model alternatives,” an apparent reference to the possible sale of all or part of the company.

“These advisers have been tasked to help us with the strategic review we referenced on our year-end financial results conference call and to evaluate the relative merits and feasibility of various financial strategies, including opportunities to leverage the BlackBerry platform through partnerships, licensing opportunities and strategic business model alternatives,” Research in Motion said in a statement.

In the latest announcement, Thorsten Heins, who became president and chief executive this year, said that declining sales and lower prices of BlackBerry handsets were likely to lead to the loss. The company’s loss during its previous quarter resulted from special charges.

“RIM is going through a significant transformation as we move towards the BlackBerry 10 launch, and our financial performance will continue to be challenging for the next few quarters,” he said.

Shaw Wu, an analyst with Sterne Agee in San Francisco, said it appeared that the RIM’s finances were quickly deteriorating.

“The biggest shock is that this was a company that was still able to say that even though they were in a tough position, they were still profitable,” Mr. Wu said. “Now they can’t claim that any more. This is what happened to Palm when things turned really sour.”

The company’s statement indicated that it was likely to increase the $2.1 billion in cash it had at the end of its last quarter. But Mr. Wu said that given the forecast for a loss, that increase would probably result from RIM collecting debts rather than growing its business.

Mr. Heins reiterated that the BlackBerry 10 phones were on schedule for their much delayed introduction. But he once again did not provide a date for that event beyond indicating that it would take place “in the latter part of calendar 2012.”

BlackBerry sales continued to grow in developing markets, Mr. Heins said, but that good news was “partially offset by high churn in the United States.” Customers in those markets also favor lower-cost BlackBerrys, which generate correspondingly lower profit margins for RIM.

Mr. Heins also said the company aimed to cut costs by $1 billion during the current fiscal year. That is likely to fuel widespread speculation in Canada’s technology industry that substantial job reductions are likely to come at RIM, which is based in Waterloo, Ontario.

“While there will be
 significant spending reductions and headcount reductions in some 
areas throughout the remainder of the fiscal year, we will continue
 to spend and hire in key areas such as those associated with the 
launch of BlackBerry 10, and those tied to the growth of our 
application developer community,” Mr. Heins said in the statement.

RIM’s first quarter of its 2013 fiscal year closes on Saturday. The company will report its results on June 28.

Article source: http://dealbook.nytimes.com/2012/05/29/research-in-motion-taps-jpmorgan-and-rbc-for-strategic-review/?partner=rss&emc=rss

DealBook: Madoff Case Is Paying Off for Trustee ($850 an Hour)

Irving H. Picard, the trustee for the victims of Bernard L. Madoff's fraud.Ruth Fremson/The New York TimesIrving H. Picard, the trustee for the victims of Bernard L. Madof’s fraud.

Irving H. Picard, the court-appointed trustee seeking to recover funds for the victims of Bernard L. Madoff’s multibillion-dollar Ponzi scheme, has been described as a modern-day Robin Hood. For nearly four years, he has been working to pay back those who were swindled by Mr. Madoff, some who lost their entire life savings.

Yet a look at recent court filings shows Mr. Picard has had much more success collecting money for himself and a dozen law firms and consultants than any victim of Mr. Madoff’s crime.

So far, Mr. Picard’s efforts have created a whopping $554 million in legal and other fees. How much have Mr. Madoff’s victims actually received from all of the cases and motions he’s made? Only $330 million. And how much does Mr. Picard estimate the fee spigot will pour out by 2014? A mere $1 billion.

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At $850 an hour, Mr. Picard and his law firm, Baker Hostetler, are starting to look more like the princes of the Full Employment Act for Lawyers than storybook heroes.

In the last several years, Mr. Picard has brought more than 1,000 cases seeking more than $100 billion on behalf of victims, despite acknowledging that only about $17.3 billion had actually been invested by customers. (The entire Ponzi scheme has been estimated to be worth $65 billion, but much of that is the result of made-up profits recorded by Mr. Madoff.)

Mr. Picard’s admirers cheered him on as he accused banks and other financial firms of aiding and abetting Mr. Madoff or willfully turning a blind eye to evidence that he was operating a fraud. Yet look what happened to many of those cases: judges tossed out a vast majority of the claims — some $90 billion worth.

Judge Jed S. Rakoff of United States District Court in Manhattan threw out Mr. Picard’s $60 billion racketeering suit against UniCredit in February, describing some of the claims in the case as “paltry, and otherwise unexceptional.” In another ruling, Judge Rakoff rejected a case against HSBC, calling it “convoluted.” He said he was “mystified” by some of Mr. Picard’s arguments.

Another district court judge, Colleen McMahon, decided against Mr. Picard’s most aggressive claims in a $20 billion case brought against JPMorgan Chase, saying plainly: “The trustee’s theories fail.”

According to a Government Accountability Office report quoting the Securities Investor Protection Corporation, which hired Mr. Picard as the bankruptcy trustee, it is unlikely he will be able to pay back Mr. Madoff’s customers the $17.3 billion that he had said was his goal, let alone the $100 billion he originally sought. Indeed, at the rate he’s going, he would be lucky to return more than half of the $17.3 billion.

A spokeswoman for Mr. Picard did not make him available for an interview.

In fairness to Mr. Picard, he has been successful in seeking to claw back money from “net winners” — investors who walked away with more money than they started with — so he can pay the “net losers.” Among the net winners with whom he has reached settlements is the Wilpon family, which controls the New York Mets.

Thus far, he has reached settlement deals worth some $9 billion. He has delivered only $330 million to Mr. Madoff’s victims, however, because so many of those settlements are being challenged in court. It is unclear whether some of the settlements, which have been approved by a bankruptcy judge but are being challenged by others on appeal, will hold up. In a statement on the trustee’s Web site, Mr. Picard said he was “confident that the appeals on these settlements will fail, as they already have on several occasions.”

Meanwhile, the legal fees keep piling up. Although the fees have been approved by the bankruptcy court, Judge Rakoff and others have raised questions about the growing payday.

In a particularly caustic exchange in court last year, Judge Rakoff, upon seeing a group of lawyers enter the courtroom on behalf of the trustee, said: “Can I ask a question, which is, since the trustee’s fees come out of the funds that otherwise would be available for other purposes, why are there four attorneys from the trustee here in court today?”

When the lead lawyer responded that he might need to consult with his colleagues during his argument, Judge Rakoff shot back sarcastically: “If it turns out you give your argument without needing to consult with them, of course, you and your firm won’t charge for their appearance today.”

The lawyer replied: “I, your Honor, am not going to make any promises.”

Helen Davis Chaitman, a lawyer with Becker Poliakoff who has been fighting Mr. Picard on behalf of some net winners of Mr. Madoff’s crime, famously told The New York Daily News: “Picard is going to wind up being richer than Madoff.”

That may be hyperbole — Mr. Picard has personally taken home only $5.1 million, according to court documents — but the total fee numbers are staggering.

There is good news, at least sort of: the fees do not come out of the hide of the Mr. Madoff’s victims. They are paid from a fund overseen by SIPC, which provides a form of protection for investors against losses that arise when a broker-dealer fails. The nonprofit group is supported by charges paid by its broker-dealer members, but the cost of those charges is most likely passed on to customers.

“Not one penny of recovered customer money is used to pay any of the legal fees and expenses incurred by the SIPA trustee,” according to the trustee, who was referring to the Securities Investor Protection Act that mandated the SIPC system.

A spokeswoman for Mr. Picard defended his work and his fees saying: “Given the extraordinarily complex factual and legal issues confronting the SIPA trustee, his success is unmatched by any other fiduciary. That success emanates from the fact that — notwithstanding the relentless attacks by some of the world’s leading law firms supported without reservation by their deep-pocket clients — the necessary resources have been provided to the SIPA trustee via SIPC from its securities industry fund, thus allowing him to recover over $7 million a day for the victims since he was appointed SIPA trustee in December of 2008.”

That $7 million a day figure, by the way, assumes that every dollar he collected will be paid out to Mr. Madoff’s victims, which is unlikely.

Nobody is asking Mr. Picard or his legal team to do all this work pro bono. But given the amount of money at stake and the epic size of the crime, one would hope that he would have pursued a more effective legal strategy that would have made a lot more money for the victims than the lawyers.

Article source: http://dealbook.nytimes.com/2012/05/28/madoff-case-is-paying-off-for-trustee-850-an-hour/?partner=rss&emc=rss

Bits Blog: Virus Infects Computers Across Middle East

9:09 p.m. | Updated A complex computer virus has been pilfering confidential information from computers in the Middle East for at least two years, according to a security report released on Monday.

The virus, called Flame, has been infecting computers in Iran, Israel, Lebanon, Sudan, Syria, Saudi Arabia and Egypt. It has been grabbing images of users’ computer screens, recording their instant messaging chats, remotely turning on their microphones to record their audio conversations and monitoring their keystrokes and network traffic, according to a report by Kaspersky Labs, a Moscow-based security research firm.

If the report’s findings prove to be true, Flame would be the third major Internet weapon to have been discovered since 2010. The first, named Stuxnet, was intended to attack software in specialized industrial equipment, and was used to destroy centrifuges in an Iranian nuclear facility in 2010. The second virus, called Duqu, like Flame, performed reconnaissance. Security researchers believe Duqu was created by the same group of programmers behind Stuxnet.

The researchers said Flame appeared to have been developed by a different group of programmers. It contains 20 times more code than Stuxnet and is much more widespread than Duqu. Researchers believe Duqu hit fewer than 50 targets worldwide. Kaspersky’s researchers said they had detected Flame on thousands of computers belonging to individuals, private companies and universities across the Middle East.

“Flame can easily be described as one of the most complex threats ever discovered,” Alexander Gostev, the head of Kaspersky’s Global Research and Analysis team, wrote in a blog post on Monday. “It’s big and incredibly sophisticated. It pretty much redefines the notion of cyberwar and cyberespionage.”

Researchers say they do not know who is behind the virus, but given its complexity and the geography of its targets, they said it was most likely being staged by a government. The authors of Stuxnet and Duqu are also unknown but their targets and digital evidence suggest to some researchers that they may have been part of a joint American-Israeli project to sabotage Iran’s nuclear program.

Kaspersky’s researchers said the majority of computers infected with Flame were located in Iran. Like Duqu and Stuxnet, Flame infects machines through a known security hole in the Windows operating software.

Researchers discovered Flame while investigating reports that another computer virus, called Wiper, had been erasing computer programs in Iran. The International Telecommunications Union, a United Nations agency, had asked Kaspersky’s researchers to look into Wiper when they discovered that thousands more computers had been infected with Flame.

Article source: http://bits.blogs.nytimes.com/2012/05/28/new-computer-virus-looks-like-a-cyberweapon/?partner=rss&emc=rss