November 17, 2024

DealBook Column: Free Pass for Matchmaking at a Setting in the Alps

Preparations are under way for the World Economic Forum, which begins on Wednesday.Scott Eells/Bloomberg NewsPreparations are under way for the World Economic Forum, which begins on Wednesday.

DAVOS, Switzerland — The stars of the guest list for this year’s annual World Economic Forum, which begins here Wednesday, are a who’s who of government leaders pulling the strings of the global economy. On the list are Angela Merkel, the chancellor of Germany; Timothy F. Geithner, the United States secretary of the Treasury; Mario Draghi, the president of the European Central Bank; and Christine Lagarde, the managing director of the International Monetary Fund.

The cost of their tickets? Nothing.

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Last year, you may recall that I wrote a column detailing the extraordinary entrance fees that corporate executives pay for the opportunity to do matchmaking in the Alps. A quick refresher: It costs a minimum of $71,000 for an individual corporate invitation. An invitation for two that includes access to private events costs $301,000. An invitation for a delegation of five, $622,000. And that’s before the planes, hotels and restaurant meals.

But that column did not detail that for about 900 other individuals from the world of government, academia, nonprofit groups — and, yes, members of the media — the sky-high corporate fees also are waived. The invitation comes gratis, though all their travel and lodging costs fall to those guests.

You could argue that the more than $100 million that moguls and corporations spend to send 1,600 superconnected executives here by private plane is used to subsidize those who fly on commercial airlines. (In fairness, not every mogul flies by corporate jet: George Soros, the hedge fund manager, flew commercial. He was on my flight Sunday night.) And many public officials, of course, fly on private government planes. Mr. Geithner, for example, will be flying on a military plane.

Among those who get “comped” are often big and small nonprofit organizations and “social entrepreneurs” seeking a voice in the conversation and a chance to rub elbows with potential benefactors. People like Kumi Naidoo, the executive director of Greenpeace International, and Giorgio Jackson, the 24-year-old leader of a student movement in Santiago, Chile, that nearly paralyzed the country, are on the get-in-free list.

About 200 academics, people like the Nobel Prize-winning economist Joseph Stiglitz and Kenneth Rogoff, the Harvard economist and co-author of “This Time is Different,” are also offered free admission. And about 20 religious leaders, including Archbishop Desmond Tutu and Cardinal Peter Turkson of Ghana (who is said to be considered among the candidates to be the next pope), make the list.

It is a notable and noble effort by the World Economic Forum to take this multi-stakeholder approach and, in truth, it gives all kinds of people from all parts of the world a seat at the table, even if some say they are being co-opted by the “elite.” (By the way, since when did elite become a pejorative term?)

Critics contend that all of the nonbusiness leaders and high-minded conversations — this year’s theme is “The Great Transformation: Shaping New Models” — are a cover for the paying invitees to mingle in the halls and make deals. To some extent, that is true. There is no question that Davos is a matchmaking haven for chief executives. I know one executive who conducts more than 20 meetings a day with people from all over the globe that he said would otherwise take him three months of red-eye flights to do.

There is another, perhaps cynical, unspoken draw for the C.E.O. set paying six figures to frolic in the snow. The 40 heads of state and 90 ministers who come to the conference free of charge are, of course, the headliners, but they are also doing the real deal making behind the scenes with each other — and with industry.

For government officials, Davos has the same allure that it does for business: a series of quick-hit meetings with their counterparts. It gives executives the chance to jockey for position on the other side of the table with a government leader who could have an infrastructure project that needs financing, deals that can be worth millions if not billions of dollars. Or executives will spend weeks before arriving trying to get a 15-minute meeting with Mrs. Merkel or Ms. Lagarde in the hope of influencing the dialogue over the euro.

That may help explain why the World Economic Forum brought in $157 million in revenue last year from its members and strategic corporate partners.

In case you’re curious, it spent virtually all of it: $156 million. How was it spent? The organization employs 337 full-time employees and 369 “full-time equivalents” annually that it says cost a total of about $69 million. The conferences it convenes — besides the meeting in Davos, it organizes another big event in China and four other regional events — cost about $60 million more for space, elaborate signs and furniture, meals, event planning and security. (The security costs in Davos alone are estimated to be about $8 million, which are borne by the World Economic Forum and the Swiss government.) The organization says it spent another $26 million on office costs.

Adrian Monck, head of communications for the World Economic Forum, said that because there was such a cross-section of paying invitees from all kinds of industries, nobody could skew the selection of people invited to attend free. “The funding diversity means no one is ‘paying’ for the people we choose to come — that’s our ‘editorial integrity,’ ” he said in an e-mail.

Money may always raise questions about events like Davos. But in the end, the event is, as Mr. Monck wrote on his blog, an effort to convene a global conversation and a reflection that “that every view must be integrated, that one cannot simply abrogate one’s membership in a community. It is an old idea.”

Article source: http://feeds.nytimes.com/click.phdo?i=8a5f97000dcaeba29967092eb82f3e97

DealBook: Prison for Rajaratnam During Appeal

Raj Rajaratnam, the former head of the Galleon Group, was found guilty of insider trading earlier this year.Andrew Gombert/European Pressphoto AgencyRaj Rajaratnam, the former head of the Galleon Group, was found guilty of insider trading earlier this year.

8:30 p.m. | Updated

A federal court has denied Raj Rajaratnam’s request to remain free on bail while he appeals his insider-trading conviction, a ruling that forces the fallen hedge fund manager to report to prison on Monday.

Mr. Rajaratnam, the former head of the hedge fund Galleon Group, is set to serve his 11-year sentence — the longest prison term to date for insider trading — in a federal prison in Ayer, Mass.

In a last-ditch try to keep their client out of jail pending his appeal, his lawyers appeared at the United States Court of Appeals for the Second Circuit in Lower Manhattan on Wednesday. They argued that his case raised substantial questions of law that mandated his release until the appeal was resolved.

In a short order issued Thursday afternoon, the three-judge panel, without explanation, denied Mr. Rajaratnam’s request. During the hearing, the judges had expressed concern that Mr. Rajaratnam was a flight risk and could have an incentive to flee to his native Sri Lanka.

“Wouldn’t he rather be living as a centimillionaire in his own country rather than as a convict in a jail?” Judge Dennis Jacobs asked Patricia A. Millett, a lawyer for Mr. Rajaratnam, at the hearing on Wednesday.

Beginning Monday, Mr. Rajaratnam will be living at the Federal Medical Center Devens in Massachusetts. Mr. Rajaratnam, 54, was assigned there because of his health problems. He has diabetes that could lead to eventual kidney failure, according to medical records submitted to the court.

The Devens prison is located about 200 miles from his luxury apartment on Sutton Place in Manhattan, where he lives with his wife and three children.

Mr. Rajaratnam’s surrender to the Bureau of Prisons is a milestone in the government’s most prominent insider trading prosecution since the 1980s. Federal authorities arrested Mr. Rajaratnam in October 2009, charging him with orchestrating a multiyear insider trading conspiracy involving senior corporate executives, management consultants and other hedge fund managers.

In May, a jury found him guilty of securities fraud and conspiracy. Between the criminal case and a parallel civil proceeding brought by the Securities and Exchange Commission, Mr. Rajaratnam has been ordered to pay about $157 million in fines, the largest penalty assessed so far in an insider trading case.

The pursuit of insider trading by federal prosecutors appears to be continuing unabated. Before year end, the government is expected to bring a new set of insider trading charges against traders at Diamondback Capital Management and Level Global Investors, according to a person with direct knowledge of the case who spoke on the condition of anonymity because he was not authorized to discuss it publicly.

The new cases are based in part on wiretapped conversations between the traders and illegal tipsters, this person said. Dozens of secretly recorded conversations between Mr. Rajaratnam and his accomplices also formed the core of the evidence against him at trial.

They will also form the core of Mr. Rajaratnam’s appeal, which could take as long as a year to resolve. His lawyers will argue that the government improperly obtained judicial authorization to wiretap his telephone, violating the law and Mr. Rajaratnam’s constitutional rights.


Appeals Court Ruling Denying Rajaratnam’s Bid to Stay Free on Bail

Article source: http://feeds.nytimes.com/click.phdo?i=62b007bf5c6f7539f542bc8fc80d6509

DealBook: Rajat Gupta’s Fateful Day

Rajat K. Gupta, left, and his lawyer, Gary Naftalis, on Wednesday after Mr. Gupta was charged with insider trading.John Marshall Mantel for The New York TimesRajat K. Gupta, left, and his lawyer, Gary Naftalis, last week after Mr. Gupta was charged with insider trading.

On Sept. 23, 2008, Rajat K. Gupta called Raj Rajaratnam after a Goldman Sachs board meeting and told the hedge fund manager secrets about the bank, according to an indictment unsealed last week.

That same day, Mr. Gupta had two doctor appointments, dined with Ethiopia’s health minister and got a haircut.

His calendar for Sept. 23, 2008 — entered into evidence during Mr. Rajaratnam’s trial as Government Exhibit 3035 — provides a lens into the busy and influential life of Mr. Gupta at a time when federal prosecutors say he was also breaking the law.

Mr. Gupta, then 59, was an éminence grise in the worlds of international business and philanthropy, juggling his work as a senior partner at McKinsey, the elite management consulting firm that he had once run, with his public company directorships, investment activities and charitable pursuits.

After an early morning call with an executive in Qatar, Mr. Gupta spent the next several hours with physicians. He also sandwiched in a 15-minute haircut at an establishment called Rudy’s before being driven into Manhattan from his home in Westport, Conn.

Mr. Gupta did not get to his office at McKinsey until 2 p.m., the calendar says. He then had back-to-back meetings with Sandeep Tyagi, chairman of Estee Advisors, a money management firm based in Singapore, and K. Balasubramanian, a board member of the GMR Group, an infrastructure investment business in Bangalore, India.

The Goldman call came at 3 p.m. He participated in a 38-minute telephonic board meeting during which the bank approved a $5 billion investment by Warren E. Buffett — news that the convulsing stock market, and Goldman’s investors, would surely love.

The government highlighted Mr. Gupta’s Sept. 23 schedule at the Rajaratnam trial during the testimony of Lloyd C. Blankfein, Goldman’s chief executive.

The calendar established for the jury that the Goldman board meeting took place when it did. Then, using a phone log, prosecutors showed that Mr. Gupta called Mr. Rajaratnam immediately afterward. Minutes later, just before the stock market closed, Mr. Rajaratnam purchased large blocks of Goldman shares, according to trading records shown during the trial.

A jury convicted Mr. Rajaratanam in May. On Wednesday, the government charged Mr. Gupta, 62, with passing tips to Mr. Rajaratnam about Goldman and Procter Gamble, where he also served as a director. Two of the five counts against Mr. Gupta, who is fighting the charges, relate to Mr. Rajaratnam’s Sept. 23 Goldman trades.

His day did not end with the Goldman meeting. Mr. Gupta spent the balance of the afternoon on his numerous nonprofit causes, including a meeting with Julian Schweitzer, the World Bank‘s head of health nutrition, and Raymond G. Chambers, the United Nations special envoy for malaria. He had a separate sit-down with Michel Katzatchkine, the director of the Global Fund to Fight AIDS, Tuberculosis and Malaria, to discuss a project to root out disease in Rwanda.

During those meetings, around 5 p.m., Goldman announced Mr. Buffett’s big investment to the public.

Mr. Gupta closed out the day with a dinner at Django, the now-defunct midtown Manhattan brasserie, in honor of Tedros Adhanom Ghebreyesus, the health minister of Ethiopia. He then spent the night in a room at the Palace Hotel on Madison Avenue, the calendar shows. His suite was booked by Kohlberg Kravis Roberts, the private equity firm where, just that month, he had been named a senior adviser.

The next morning, prosecutors say, with Goldman’s shares opening higher, Mr. Rajaratnam sold his position in the bank, booking an illegal profit of about $840,000.

Rajat K. Gupta’s calendar for Sept. 23, 2008

Article source: http://feeds.nytimes.com/click.phdo?i=c606cb8aaf760ab144c0ac1b9f410ddb

Economix Blog: Rajat Gupta, Merely Affluent

Rajat K. Gupta leaving court on Wednesday.Spencer Platt/Getty ImagesRajat K. Gupta leaving court on Wednesday.

Rajat Gupta was rich by almost any standard. He just wasn’t rich compared with many of the people who surrounded him. He knew it, and he didn’t seem to like it.

More than a few of his friends and colleagues had tens or even hundreds of millions of dollars. They included his fellow board members at Goldman Sachs, the alumni of McKinsey Company — a firm that Mr. Gupta ran and that paid him a few millions of dollars a year — who then made fortunes on Wall Street and, perhaps most important, his friend Raj Rajaratnam, the hedge-fund manager sentenced to 11 years in prison for insider trading. Mr. Gupta, who was indicted Wednesday for passing along corporate secrets to Mr. Rajaratnam, has proclaimed his innocence.

DAVID LEONHARDT

DAVID LEONHARDT

Thoughts on the economic scene.

What seems beyond doubt, however, is that he was envious of the wealth that his peers were amassing. In that way, Mr. Gupta is a symbol of a different kind of income inequality from the one at the heart of the Occupy Wall Street protests, where demonstrators proclaim themselves part of the “other 99 percent” and criticize the top 1 percent of earners.

Mr. Gupta was surely part of the 1 percent. But seems to have felt as if he was part of the other 99 percent of that 1 percent.

You don’t have to sympathize with him to see how his envy could have affected the choices he made — orienting his post-McKinsey career around making money, handing over large chunks of his money to Mr. Rajaratnam and, at least according to prosecutors, going to great lengths to curry favor with Mr. Rajaratnam.

Such envy extends well beyond people accused of committing crimes. The inequality among the rich is a major force pushing many graduates of the country’s top colleges to Wall Street and drawing middle-aged professionals from other lines of work to finance.

Consider the numbers. Three decades ago, a taxpayer at the cutoff for the top 0.01 percent of earners — that is, in the top 1/10,000th — was making about 10 times as much as someone at the cutoff for the top 1 percent, according to research by the economists Emmanuel Saez and Thomas Piketty.

Since then, the top 1 percent has done very well, nearly doubling its income in inflation-adjusted terms, which is a far bigger raise than most households have received. Yet the very rich have done vastly better: someone at the cutoff for the top 0.01 percent now makes 30 times as much as someone at the top 1 percent, according to the latest numbers.

To someone making a few million dollars a year, these very rich — rather than the median-earning American — are often the relevant benchmark. “Most families are trying to keep up with the Joneses,” as Catherine Rampell wrote in a post here earlier this year. “And in dollar terms, the rich are falling far shorter of their respective Joneses than the middle-income and lower-income are.”

Article source: http://feeds.nytimes.com/click.phdo?i=b0296c9945680931d4e7f22e0811625b

Economix Blog: Weekend Business Podcast: Insider Trading, Job Creation and Fighting Cancer

A federal judge in Manhattan this week imposed the longest insider-trading sentence ever in the United States.

In a conversation on the new Weekend Business podcast, Peter Lattman, who covered the sentencing of the hedge fund manager Raj Rajaratnam in the case, says the government argues that it will have a powerful deterrent effect.

Mr. Lattman said that it contrasts, however, with a comparative lack of prosecutions, convictions and long sentences for executives whose firms may share responsibility for the financial crisis that began in 2007.

In a separate conversation, Robert Shiller, the Yale economics professor, discusses the argument he makes in the Economic View column in Sunday Business that the government should put people to work in large-scale infrastructure projects. The proposal was included in President Obama’s American Jobs Act, which was blocked at least in its full form by the Senate last week.

Natasha Singer talks to David Gillen in the podcast about her Sunday Business cover article on the “pinking of America” — the rise of a marketing powerhouse in the fight against breast cancer.

And Steve Lohr discusses the importance of default choices on the Internet and in other parts of contemporary life. As he says in the Unboxed column in Sunday Business, much of the Internet is wide open, but the design of Web sites and the order of Web searches helps to determine what consumers actually see and select.

In the news portion of the podcast, I discuss the Nobel prize in economics, which has been labeled a “Non-Keynesian Nobel.” In my Strategies column in Sunday Business, Professor Christopher Sims of Princeton, one of the new Nobel laureates, makes it clear that he actually places his research within the Keynesian tradition.

You can find specific segments of the podcast at these junctures: the insider trading case (30:23); news headlines (23:50); fighting breast cancer (21:23); Robert Shiller (11:55); designing for the Web (7:36); the week ahead (1:48).

You can download the program by subscribing from The New York Times’s podcast page or directly from iTunes.

Article source: http://feeds.nytimes.com/click.phdo?i=5edd4dd14727cb754f520cb4319889c8

DealBook: New Buffett Manager Gets Higher Taxes and Less Pay, by Choice

Ted Weschler shows that the rich do not necessarily make all decisions based on the financial bottom line for themselves.Matt Eich/LUCEO, for The Wall Street JournalTed Weschler shows that the rich do not necessarily make all decisions based on the financial bottom line for themselves.

How would you feel about taking a pay cut and paying more in taxes?

Meet Ted Weschler. He just did both. And he’s happy about it.

You might have heard about Mr. Weschler. He was hired by Warren E. Buffett last week to help invest Berkshire Hathaway’s piles of cash.

Mr. Weschler, a successful but little-known 50-year-old hedge fund manager, plied his trade from a small office in Charlottesville, Va., above an independent bookstore, reaping huge returns for his investors, some 1,236 percent over a decade. In the process, his $2 billion fund put him comfortably in the millionaires’ club, and at the rate he was going, he was on his way to the more exclusive cadre of billionaires.

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Here is a quick measure of his wealth: he paid $2,626,311 in a charity auction to have lunch with Mr. Buffett in 2010. That’s how they met. A year later, Mr. Weschler paid $2,626,411 to dine with him again.

In his new job at Berkshire, he is expected to be paid significantly less than he was making. (We’ll get to the formula for his compensation in a moment.) And he is going to be giving up a huge tax break. Instead of paying the 15 percent capital gains rate on most of his income like most hedge fund managers and private equity executives, he is going to be taxed at the 35 percent ordinary income level as an employee.

His decision — and his compensation structure — are worth considering as the country weighs President Obama’s proposal to increase taxes for the ultra wealthy in what has been called the “Buffett Rule.”

The plan is aimed at ensuring that millionaires pay the same effective rate as middle-income families. In part, it takes aim at the controversial “carried interest” income, or the profits that hedge fund managers and other big investors take home as part of their pay. That compensation is now taxed at the capital gains rate of 15 percent, far below the 35 percent top rate on ordinary income. Mr. Obama hopes to close that loophole.

Many Republicans have derided the Buffett Rule, saying it would hurt the economy. “If you tax job creators more, you get less job creation,” Representative Paul D. Ryan, Republican of Wisconsin, argued on “Fox News Sunday. “If you tax investment more, you get less investment.”

Perhaps Mr. Ryan should dine with Mr. Weschler. The view that “millionaires and billionaires” will stop, or slow down, working or investing may be a myth.

“When you have enough money to live the lifestyle you want,” Mr. Weschler told me in a brief conversation, money and taxes are less of a consideration than “who you want to work with.”

Mr. Weschler — and his colleague Todd Combs, another successful hedge fund manager who joined Mr. Buffett last year — demonstrate that people of great wealth don’t necessarily make all decisions based on their own financial bottom line.

“Neither would have voluntarily paid more than 15 percent when working at their hedge fund simply because of the feeling that they were a favored class,” Mr. Buffett said. “But neither will feel the least bit abused because the earnings from their daily labors will now be taxed at a higher rate.”

Like Mr. Buffett, Mr. Weschler says he doesn’t believe the tax loopholes for hedge fund managers make sense. “When my accountant first told me about it,” he said he responded “You can’t be serious.” But he added quickly, “I’m not complaining.”

That’s not to say he will be paid like a pauper at Berkshire. Mr. Weschler and Mr. Combs will earn seven figures, and potentially more. But they won’t make John Paulson money. He reportedly made $5 billion last year.

Unlike hedge fund managers, at Berkshire Mr. Weschler and Mr. Combs don’t take home the standard “2 and 20,” collecting a 2 percent management fee and 20 percent of all the profits. Instead, Mr. Buffett has tightly linked their pay to the performance of the Standard Poor’s 500-stock index, a system that some big institutional investors should be pressing hedge funds to adopt.

“Both Todd and Ted will have performance pay based on 10 percent of the excess return over the S.P., averaged over multiple years,” Mr. Buffett told me. “If the S.P. averages 5 percent annually in the future, this means that the average hedge fund manager has received a 1 percent performance fee — 20 percent of 5 percent — before Todd and Ted receive anything.”

“Nevertheless, I expect them to make a lot of money,” he added. “The difference is that they have to earn it by true investment performance.”

In addition, both men receive modest salaries that Mr. Buffett said “will work out to about a tenth of 1 percent” of the assets they manage. “This compares to the 2 percent nonperformance fee which most hedge fund managers charge, even if they are losing money.”

Mr. Buffett’s critics complain that while he supports higher taxes on the wealthy, Berkshire is structured to pay little in taxes and he has sidestepped Uncle Sam by giving away his wealth.

Some have even suggested that he mail the Treasury a check if he wants higher taxes. The Senate minority leader, Mitch McConnell, Republican of Kentucky half-jokingly said on NBC News program “Meet the Press,” “if Warren Buffett would like to give up some of his benefits, we’d be happy to talk about it.”

But Mr. Buffett shrugs off the naysayers. “When I ran my partnership in the 1950s-1960s, I was generally taxed at 25 percent, considerably below the rate on similar amounts of ordinary income,” he said. “I knew I was getting favored treatment compared to the local doctor, lawyer or C.E.O., but I made no voluntary payments to the Treasury, nor does any hedge fund manager of whom I’m aware.”

Article source: http://feeds.nytimes.com/click.phdo?i=988b3f126ae00a652a5abaf365eb3d10

Columbia Professor Is Linked to Insider Trading Case

He was described only as “Doctor 1” in a Massachusetts insider-trading complaint against a hedge fund operator.

Doctor 1 talked to the money manager in June 2010 about an unpublished study of an obscure drug, according to the complaint filed by the state’s securities regulator. The hedge fund bought more than $800,000 in stock in Questcor, the company whose sole product was that drug, and saw its value soar.

It turns out that Doctor 1 is an assistant medical professor at Columbia and a kidney expert , whose name is Dr. Andrew S. Bomback. He was identified by a comparison of the veiled references in the Massachusetts filing with a press release from Questcor Pharmaceuticals, the California company selling the drug.

“I’m actually surprised you were able to identify me,” Dr. Bomback said in a phone call.

While confirming his involvement, though, he denied any wrongdoing, as did the hedge fund manager, James A. Silverman of Cambridge, Mass. The securities case focuses on Mr. Silverman.

The civil case, however, first brought against Mr. Silverman last March, has spawned a new set of regulations in Massachusetts that will take effect later this year.

William F. Galvin, the Massachusetts secretary of state and securities regulator, has proposed a change in that state’s regulation of interactions between experts like Dr. Bomback and securities traders who may be tempted to seek out and act on information that could be construed as confidential.

The changes, effective Dec. 1, would force Massachusetts’ regulated investment advisers to obtain disclosure of all the areas that a consultant in an expert network is prohibited from discussing before the investment advisers could talk to that consultant. Mr. Galvin, in an interview, said the rule would clarify what was illegal.

“The bigger issue here is there were loopholes being exploited by companies to get insider information and basically corrupting the marketplace,” Mr. Galvin said.

He said that states were playing a much larger, everyday role in regulations under the Dodd-Frank Wall Street Reform Act of 2010, even as a few prominent federal cases made headlines.

Dr. Bomback’s role was that of an academic researcher with connections. His findings, including remarkable success on his own patients, have helped a drug market balloon, even as he signed a $50,000-a-year consulting contract with the drug maker, records show, and took thousands of dollars from an intermediary, Guidepoint Global, an expert network, that put him in touch with money managers.

In one sense, his research was limited to a retrospective case series reported in a fairly obscure medical journal, Drug Design, Development and Therapy. But in another sense, it was vitally important for the company and its investors.

Dr. Bomback reviewed every known patient in the nation who had tried the drug by the end of 2009 for a debilitating kidney disease known as nephrotic syndrome.

There were only 21 such patients total, eight of them in Dr. Bomback’s own practice. Most had failed other treatment and pinned their hopes on a kidney transplant or a lifetime of dialysis.

The study found that 9 of 11 of the patients with a certain type of nephrotic syndrome responded well to treatment. In doing so, the study has helped transform the drug, called H.P. Acthar Gel, from the status of an orphan to that of a potential blockbuster.

Questcor told investors this month that the expensive, injectable drug could have $1 billion sales for the niche condition Dr. Bomback studied. The drug costs more than $23,000 a vial; Questcor, betting on its value, had raised the price from $1,650 a vial in 2007. The drug is also sold for ultrarare infant spasms and select multiple sclerosis patients.

Dr. Bomback and other Columbia researchers continue to analyze Acthar in a company-sponsored clinical trial. As for the $50,000-a-year consulting agreement he signed with Questcor in January 2010, Dr. Bomback said it was changed in April 2010 to $10,000 a year for five years “to comply with new rules adopted by Columbia University limiting consulting fees.”

The university’s policy was actually last changed in July 2009, said Douglas Levy, a spokesman. It generally prohibits faculty with consulting payments over $10,000 from researching that company’s products.

Mr. Levy declined to discuss Dr. Bomback’s actions in detail, saying any university inquiry would be conducted and resolved privately.

Dr. Bomback said his pay for talking to money managers in the Guidepoint expert network was small: just $3,541 since Jan. 1, 2010.

The Massachusetts complaint portrays a sharp turnaround for Mr. Silverman’s hedge fund after he began paying Guidepoint $80,000 a year for the right to interview two experts a week. Most of them were conducting confidential research for various drug makers, the complaint said. They were supposed to talk about other things — a policy Guidepoint informs them about but does not track to ensure compliance.

Mr. Silverman’s fund, Risk Reward Capital, had lost 16 percent of its value in 2007, but after joining Guidepoint in 2008, it gained 55 percent in 2009 and 52 percent in 2010, the complaint said. State authorities also accuse him of illegal trading in another company, Ariad Pharmaceuticals, with help from unidentified Guidepoint experts, which he also denies.

Article source: http://feeds.nytimes.com/click.phdo?i=352e3acc098b543a554f8ed67fbbf2bb

DealBook: Delta One Desks Are Big Moneymakers

The $2 billion trading loss that has rocked the Swiss banking giant UBS has also cast a spotlight on a relatively unknown but increasingly profitable corner of Wall Street — Delta One desks.

Both Kweku Adoboli, the UBS trader in London arrested on Thursday in connection with the loss, and Jérôme Kerviel, the Société Générale trader who was responsible for $6.8 billion in losses in 2008, worked on such desks.

While Delta One may conjure up images of “Top Gun” fighter pilots, the desks get their name from the financial definition of delta, which refers to the change in a price of a derivative against the change in the price of a customized underlying asset, like a basket of stocks.

Most Wall Street firms have such desks for their clients. Buying a derivative that closely tracks an underlying asset can be easier or less risky than buying the asset itself. Instead of buying bars of gold, a hedge fund manager may buy an exchange-traded commodities fund, or even a gold fund. These derivatives can also be attractive because they typically require little upfront capital.

In some cases, the Wall Street firms themselves try to profit from the tiny differences between the values of the derivatives and the underlying assets.

In recent years, the desks have generated billions of dollars for Wall Street firms. In a research note last year, Kian Abouhossein, an analyst with JPMorgan Chase, said that he expected revenue from the business of about $11 billion this year, growing on average about 9 percent from 2010 through 2012.

A reason for the success of this particular desk is the explosive growth of exchange-traded funds — an investment class that tracks indexes or baskets of assets. On average, exchange-traded funds are expected to grow about 20 percent a year, as retail clients, hedge funds and institutions increasingly rely on these products for both exposure to the markets and as protection against volatility.

Also helping the growth of these desks is increased demand from investors for computer program trading, which uses mathematical models to execute lightning-fast transactions.

Delta desks are a profitable business, and on the surface at least, not a particularly risky one. But like many things on Wall Street, the practice can become perilous if not properly policed.

UBS has not provided any details on the trading losses. The UBS trader suspected of the losses, Mr. Adoboli, was a director of exchange-traded funds on the Delta One desk in London.

The bank said that trading was being investigated but said “no client positions were affected.”

The significance may not be in the trade itself, but in what oversight the bank had on the trader’s position — or whether the trader hid the risk from compliance officers. The losses could have resulted from a trade on a behalf of a client, in which case the bank would have taken the other side of the trade. But the bank may have mistakenly allowed its position to grow excessively, or failed to hedge it. Or the bank could have decided to hold on to the position after making the trade for the client, thereby putting its own money at risk.

Whatever the cause, the UBS trading losses are likely to rekindle the debate over proprietary trading, which has drawn increasing scrutiny from regulators since the financial crisis. The so-called Volcker rule, under the Dodd-Frank overhaul of financial regulation, would prohibit such trading, although the details of the rule are still being written.

Yet the definition of what constitutes proprietary trading can be fuzzy. Many on Wall Street consider proprietary trading, or prop trading, to involve only trades made by dedicated traders who are using the bank’s capital and do not have access to client information. The trading done on Delta desks, they contend, is done on behalf of clients.

Those boundaries, however, can blur. A bank may buy a derivative or security from a client in order to make a market, then decide it is worth hanging onto, turning it into a proprietary bet.

The Volcker rule of the Dodd-Frank act is named after Paul A. Volcker, the former Federal Reserve chairman who proposed it. It is intended to prevent American banks from taking on too much risk. The fine print, however, has yet to be worked out, and regulators are debating just how comprehensive to make the definition of proprietary. (Under Dodd-Frank, foreign firms like UBS can still run prop-trading desks abroad.)

Goldman Sachs was among the first Wall Street firms to close its proprietary trading desks after Dodd-Frank became law. And Bank of America said this summer that its proprietary trading operation was officially closed.

Yet Goldman has one of the largest Delta One businesses in the industry, making an estimated $1.2 billion this year, according to the JPMorgan report. UBS, in comparison, has a smaller operation, generating about $500 million a year, the report said.

Delta One operations are profitable. Société Générale will generate a return on equity greater than 100 percent, while the other leader in the business, Goldman, will generate a return of 52 percent, according to the JPMorgan report. UBS will notch about 72 percent.

Mr. Abouhossein added in his note that Delta One desks were expected to weather the regulatory overhaul better than other trading businesses.

On Thursday, advocates for the Volcker rule used the UBS trading loss to highlight the need for increased regulation. A statement from Americans for Financial Reform said the incident “once again highlights a central problem with our financial system — that the largest banks have grown so big and so complex that even their own management cannot fully understand or control the risks they take.” The statement further noted: “Stories of rogue traders point to a larger problem which must be addressed with these kinds of structural changes,” like the Volcker rule.

Ben Protess contributed reporting.

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DealBook: Some Hedge Funds Are Saying No to New Investors

Minh Uong

Since the financial crisis, big hedge funds like Paulson Company, Millennium Management and Och-Ziff Capital Management Group have not turned away money, eagerly collecting billions of dollars from investors who have tended to stick with the industry’s marquee firms.

The situation makes Anthony Bozza all the more unusual. With assets swelling, the hedge fund manager is closing the door to new investors at his four-year-old firm, Lakewood Capital Management. In a little more than a year, his fund has grown from $200 million to $900 million, according to investors in the fund.

Small hedge funds were supposed to be the big losers in after the crisis, hampered by costly regulation and investors who flocked to the seeming safety of larger institutions.

But three years later, some small and midsize managers are flourishing, attracting assets at a rapid rate. Rather than risk their returns, they are just saying no to new investors.

RouteOne Partners and Point Lobos Capital, started by alumni of the approximately $21 billion fund Farallon Capital Management, stopped accepting new money. Brenner West Capital Advisors, which tripled its size to about $480 million in less than a year, did the same this month, according to people with knowledge of the fund. Jericho Capital and the Redmile Group raised hundreds of millions of dollars before turning away new clients.

“There was a period where the bulk of the money was flowing to the very largest players, and now it’s trickling down,” said Dean C. Backer, global head of sales and capital introduction at Goldman Sachs in prime brokerage. “From the manager’s perspective, there are folks who really just want to be disciplined in terms of how they build their business.”

Lakewood, RouteOne, Point Lobos and Brenner West declined to comment. Redmile and Jericho did not respond to requests for comment.

Their discipline stands in contrast to the hedge fund math. Most portfolios charge a management fee of 2 percent on the total assets, an incentive to welcome new investors.

But the credit crisis taught managers the perils of growing too quickly. Amid major redemptions, some hedge funds were forced to scale back their operations. Others suffered lackluster returns because of a dearth of good investment opportunities.

Chastened by recent history, some newer hedge funds are trying to temper their growth.

The allure of smaller funds is their nimbleness. They can dart in and out of investments with speed that some of their larger competitors struggle to mimic. They can also concentrate on their best ideas, experts say.

“What you see with small or newer managers is they are engaging in strategies that are different and new and haven’t been seen before,” said Meredith Jones, a director at Barclays Capital’s strategic consulting group. “In many cases, that’s where a lot of the innovation comes from and that’s what keeps the industry from becoming homogenized.”

The start-ups that tend to gain traction have two main characteristics: pedigree and performance.

Mr. Bozza of Lakewood worked at the hedge fund SAB Capital Management and as an analyst at the buyout shop Kohlberg Kravis Roberts. RouteOne was started by William Duhamel, a former partner at Farallon. The Brenner West co-founders Craig Nerenberg and Josh Kaufman spent time at MSD Capital, Michael Dell’s family office. Josh Resnick, the head of Jericho Capital, was a managing director at TCS Capital Management, a hedge fund.

The recent returns of these managers have also caught the attention of investors.

After a rough 2008, where the firm lost nearly 20 percent, Lakewood notched gains of 70 percent return in 2009 and 16 percent last year, according to investors in the fund. Its bets against stocks, known as short positions, have been particularly successful, earning the fund about 20 percent a year on average since inception in 2007, according to a person with knowledge of the fund who spoke anonymously because the information was private.

To assuage anxious investors, many start-ups are hiring white-shoe law firms, and top firms for prime brokerage, legal work, auditing and administration. Brenner West, for instance, uses Goldman Sachs for its prime brokerage and Citco for its fund administration, two of the industry leaders.

“Those kinds of things make the guys with the money feel a lot more comfortable now,” said Karl D’Cunha, a senior managing director at Madison Street Capital, an investment bank.

Smaller funds have a tougher time attracting institutional investors like pensions and endowments, which represent the majority of new money being plowed into hedge funds. These investors typically invest big chunks of money, sometimes as much as $200 million, and do not want to account for a large percentage of any single fund.

But many big investors are finding new ways to work around that issue. So-called seeding funds have proliferated in the last year. These firms come up with the initial capital to individual hedge funds that are just getting started in exchange for a piece of the business. Often, such investments serve as a marketing tool for funds, enticing other investors.

The Blackstone Group, Reservoir Capital and Goldman Sachs have all raised money to invest with start-up managers. Reservoir Capital, for instance, made a seed investment with Lakewood. Brenner West was seeded by Protégé Partners, another investor in start-up hedge funds. Major institutions like the Ohio Public Employee Retirement System and the California Public Employees’ Retirement System have started their own portfolios focused on emerging managers.

Still, the amount of money dedicated to small funds remains modest by industry standards. Gone are the heady days when unproven firms could raise $1 billion before making a single investment.

Now, success is limited to a more select group of managers with the returns and experience to back their business.

“You’ve had a very fast growing, entrepreneurial industry that needed to go through the Laundromat a little bit,” said Drew Chapman, a partner at Cadwalader, Wicksham Taft. “The crisis weeded out the weak.”

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Your Money: What the New Consumer Bureau Thinks of Your Ideas

The new Consumer Financial Protection Bureau officially opens for business on Thursday, but for several months it has been soliciting ideas from the public.

In response, there was the predictable sniping, with some people taking to Twitter to ask if the bureau can protect people from the increasing federal debt caused by the creation of new agencies.

And there were the plaintive requests from people looking for help far beyond the bureau’s turf in financial services. Someone wondered about gym memberships, while somebody else asked the bureau to give pornography sites their own domain name suffixes.

But in the earliest Twitter posts, which I read end to end in a 140-character binge this week, there were also some thought-provoking ideas with real potential. They may never come to fruition, if the Republicans succeed in stripping power from the bureau and running Elizabeth Warren — who has been overseeing the bureau but is not its official director — out of town.

For now, however, the bureau is for real, and in an avalanche of Twitter messages, e-mails and blog comments on its Web site, consumers have shown a hunger for a financial cop on the beat.

Meanwhile, its openness thus far suggests the tantalizing possibility that it could be the nation’s first open-source regulator. So I picked the four most interesting ideas that people on Twitter suggested and took them to the bureau this week to see just how open it was to provocative suggestions.

SIMPLICITY Perhaps the most reasoned call to action came from Bill Mitchell (Twitter handle: @zipflash), an investment newsletter publisher and soon-to-be hedge fund manager in Irvine, Calif.

“My politics don’t really align with Elizabeth Warren’s,” he said. “But I sensed that she had a legitimate interest in trying to, at a minimum, improve efficiencies.”

So he took his best shot at helping her do that in a couple of Twitter messages. “Create standardized contract for credit cards for issuers to incorporate by reference, merely adjusting specific rates and fees.”

And then: “Limit the total number of words in consumer financial contracts. Disclosures are not transparent if their length is unlimited.”

Mr. Mitchell said he worried that credit card agreements had become like the software and Web agreements that so many people mindlessly speed through.

“We are actively working toward simplifying credit card contracts,” said Gail Hillebrand, associate director of consumer education and engagement for the bureau.

At the moment, the bureau is in the midst of an overhaul of mortgage disclosure forms, something Congress demanded. Congress hasn’t ordered the bureau to revise card agreements, though, and it is not clear how much authority the bureau would have to force card issuers’ hands if it decided to try.

Still, it’s clear that Ms. Warren is a believer in the religion of simplicity. “We are opposed to complicated forms and fine print,” she said Thursday in a hearing before the House Committee on Oversight and Government Reform.

HUMOR Matt Stoller (@matthewstolller), a former Democratic Congressional staff member, just wants a good laugh. “Hold a weekly public complaint essay contest called ‘Why You Should Fine My Bank,’ ” he said in a Twitter post.

In all seriousness, this would have its advantages once the bureau’s novelty wears out, since it would keep consumers coming back looking for the most outrageous sins. Mr. Stoller, in an interview this week, added that the bureau should have a bank-as-hero letter of the week, too, as an incentive for good behavior.

“I think humor and interestingness are not used by government nearly enough,” he said. “To the extent that you do that, you create a situation where if you get a malevolent politician in there trying to kill these programs, then they have to kill something that the public likes.”

The bureau’s Ms. Hillebrand wouldn’t go near the self-preservation angle but got a good chuckle out of Mr. Stoller’s contest notion. “We have to learn from the most effective techniques that people inside and outside of government are using to reach the public,” she said. “If it’s funny, it gets forwarded.”

Then again, she added, financial troubles are no laughing matter. “It’s painful,” she said. “We need to be respectful of that while still communicating our message.”

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