December 22, 2024

Stocks & Bonds: After Big Early Gains, Rally Fizzles a Bit

Stocks stopped a three-day slide on Wednesday, but ended well off the day’s highs as investors took the suggestion of further Federal Reserve stimulus as a mixed blessing.

Stock index futures dropped after Moody’s Investors Service said it might cut the United States’ triple-A rating because of the chance that the country’s debt ceiling might not be raised by the Aug. 2 deadline. Concerns about the debt ceiling have been a headwind for equities. Futures initially slumped on the news, though they later recovered some losses.

“The rating agencies were so slow to respond to anything in 2007 and 2008 that now they’re overly quick to respond,” said Paul Schatz, president and chief investment officer of Heritage Capital in Woodbridge, Conn., who added that he felt there was “no chance” of a default.

“I don’t think this is a big deal and I don’t think it will move the needle for long,” Mr. Schatz said. “This will be a short-term issue, no more than half a day.”

In Wednesday’s session, the three major stock indexes rose more than 1 percent at their peaks after Ben S. Bernanke, chairman of the Federal Reserve, suggested that the Fed would consider additional measures to support the economy if the outlook got worse. Energy and materials stocks led gains, but the rally fizzled in afternoon trading.

“Bernanke’s comments were a positive this morning, but we had a little too much happiness early on,” said Richard Sichel, chief investment officer at the Philadelphia Trust Company. “The comments were not upbeat by any means, and obviously, no one wants the economy to get to the point where more stimulus is needed.”

The Fed’s $600 billion bond-buying effort, known as QE2, has contributed to equity gains since September.

In testimony to the House Financial Services Committee, Mr. Bernanke said “the recent economic weakness may prove more persistent than expected,” implying a need for additional policy support.

Stock investors had put a low probability on any more stimulus from the Fed, but June’s dismal jobs report altered some perceptions.

The Dow Jones industrial average rose 44.73 points, or 0.36 percent, to 12,491.61. The Standard Poor’s 500-stock index gained 4.08 points, or 0.31 percent, to 1,317.72. The Nasdaq Composite index advanced 15.01 points, or 0.54 percent, to 2,796.92.

After the closing bell, Yum Brands, the fast-food chain, rose 2.3 percent to $56.88 in extended trading after it reported a better-than-expected profit and raised its full-year profit view. Shares of the hotel chain Marriott International fell 4.3 percent to $35.55 after the bell after the company reported results.

During the regular session, share of the News Corporation jumped 3.8 percent to $15.93. It was the Nasdaq’s most active issue after the company announced that it had withdrawn a $12 billion bid to buy the 61 percent of British Sky Broadcasting it did not already own. Volume in the media company’s stock was its highest since Dec. 17, 2004, when it was officially added to the S. P. 500.

The News Corporation is at the center of accusations that one of its tabloid newspapers committed criminal acts. Energy and material stocks were the top gainers, though they were off their highs as crude oil cut its gains. The S. P. energy sector index rose 0.7 percent, while August crude futures gained 62 cents, or 0.6 percent, to settle at $98.05 a barrel. Baker Hughes was one of the top energy sector gainers, rising 3.3 percent to $74.83.

The S. P. materials sector index rose 0.8 percent, with Freeport-McMoRan Copper Gold up 2 percent to $54.89 on heavy volume.

Shares of JPMorgan Chase rose 0.6 percent to $39.62 while Google climbed 0.8 percent to close at $538.26. JPMorgan is scheduled to report results on Thursday morning and Google after the market’s closing bell.

Wall Street got an early boost from overseas data that showed China’s economy grew faster than expected in the second quarter, but there was still caution over developments in Europe. Moody’s downgraded Ireland’s debt to junk late on Tuesday and said that Ireland, like Greece, would probably need a second bailout. Irish bond yields jumped to record highs.

Electronic Arts, the video game publisher, is buying PopCap Games in a deal worth up to $1.3 billion as it tries to build its social and casual games portfolio. Shares of Electronic Arts shed 1.1 percent to $23.91. [Interest rates were steady. The Treasury’s benchmark 10-year note fell 2/32, to 102 2/32, and the yield was unchanged at 2.88 percent.

Article source: http://feeds.nytimes.com/click.phdo?i=f898e472297c4b0177b197846f741928

Former S.E.C. Official Said to Be Subject of Criminal Inquiry

The former official, Spencer C. Barasch, is now a private-sector lawyer in Texas. He has represented clients dealing with the agency, including a defendant charged last month with financial fraud by the S.E.C. in federal court in Dallas.

Those disclosures came Friday at a Congressional hearing into the S.E.C.’s failures to stop the Stanford Ponzi scheme.

Mr. Barasch led the enforcement bureau in the S.E.C.’s Fort Worth office and played “a significant role” in numerous decisions by the office not to investigate Mr. Stanford despite repeated accusations of fraudulent behavior, according to a report the S.E.C.’s inspector general released last year.

After leaving the agency, Mr. Barasch did legal work for Mr. Stanford despite being told multiple times by the S.E.C.’s ethics office that it was improper, S.E.C. officials said at the hearing. Mr. Stanford was eventually charged with fraud and is scheduled for trial later this year. He has denied the charges.

Mr. Barasch’s law firm said he had not acted unethically or violated any laws.

Members of the House Financial Services Committee’s oversight and investigations subcommittee expressed shock that Mr. Barasch, who the inspector general said had blocked efforts to pursue Mr. Stanford at least six times over seven years, continued to practice securities law before the commission.

The S.E.C. can, after an administrative proceeding, bar lawyers from practicing before the commission should it find sufficient wrongdoing. The commission declined on Friday to say whether such a proceeding was under way.

“This is not even defensible,” Representative Randy Neugebauer, Republican of Texas and head of the House subcommittee, said at the conclusion of the hearing.

“It is extremely disturbing that we had a culture in agencies that demand high levels of disclosure and integrity, that within that very agency there wasn’t a similar amount of integrity,” Mr. Neugebauer said. “It’s inexcusable.”

H. David Kotz, the S.E.C. inspector general, and Robert Khuzami, the director of the division of enforcement, told the House panel on Friday that Mr. Barasch had become the subject of a criminal investigation by the Federal Bureau of Investigation and the Justice Department after Mr. Kotz’s report was issued in March 2010.

The S.E.C. also referred Mr. Barasch to the ethics boards of the bar associations in Texas and Washington, Mr. Khuzami said at the hearing.

Mr. Barasch did not respond to a request for comment. Robert V. Jewell, the managing partner of Andrews Kurth, the Texas law firm where Mr. Barasch is the leader of the corporate governance and securities enforcement team, said in a statement that he believed that Mr. Barasch “did not violate conflicts of interest.”

“Spencer Barasch served the S.E.C. with honor, integrity and distinction,” the statement said. “We disagree with the characterization of Mr. Barasch’s involvement put forth by the inspector general in his report last year in regard to the Stanford Financial Group matter. We believe he acted properly during his contacts with the Stanford Financial Group and the Securities and Exchange Commission.”

He continued: “We continue to stand by Spencer Barasch; he is and will remain a valued member of the Andrews Kurth team, where he provides our clients with the highest possible quality of advice and counsel.”

Asked by Mr. Neugebauer at the hearing whether he thought Mr. Barasch had engaged in unethical behavior, Mr. Khuzami, the enforcement chief, said yes. “Clearly the rules prohibited him from representing Mr. Stanford,” Mr. Khuzami said. “So my personal conclusion would be certainly the evidence appears to be the case.”

Rule 102(e) of the S.E.C.’s rules of practice says that the commission can bar a lawyer who is found “to be lacking in character or integrity or to have engaged in unethical or improper professional conduct.”

But such a finding requires a formal hearing, and the S.E.C. has not initiated a hearing on Mr. Barasch, said John Nester, an S.E.C. spokesman. Mr. Nester declined to comment on whether “any enforcement investigation, including one that might result in an administrative enforcement proceeding against an attorney, is ongoing.”

The Congressional hearing once again brought to light problems that the S.E.C., like many government agencies, faces with the “revolving door” of people who go back and forth between government and the private sector.

On Friday, the Project on Government Oversight, a watchdog group, released a study showing that between 2006 and 2010, 219 former S.E.C. employees filed 789 post-employment statements indicating their intent to represent an outside client before the S.E.C.

“The revolving door to high-paying jobs representing Wall Street can undermine the integrity of the S.E.C.,” said Michael Smallberg, the investigator for the oversight watchdog group who created the database. “It’s not a stretch for the public to wonder whether the promise of future employment affects how S.E.C. regulators treat certain firms.”

The study, which used documents obtained from the S.E.C. under the Freedom of Information Act, also found that some former employees had filed the statements within days of leaving the commission. One employee’s filing came within two days of leaving; another former employee filed at least 20 statements.

Mr. Nester said the S.E.C. had “a rigorous program to help departing employees meet not just the letter, but also the spirit of the law” on conflicts of interest after they leave the agency.

The Government Accountability Office is conducting a review of post-employment rules, he said, which the S.E.C. is assisting.

Article source: http://feeds.nytimes.com/click.phdo?i=8a80aa3cb3d182c01db019bc6e29b7e8

Obama Adviser on Consumer Agency to Address Business Leaders

WASHINGTON — Elizabeth Warren, who is overseeing the beginnings of the new Consumer Financial Protection Bureau, will confront some of her chief antagonists on Wednesday when she addresses a gathering at the United States Chamber of Commerce, the business lobbying group that has adamantly opposed the existence of the agency.

“I’ve had more teasing about this meeting than I’ve had in a long time,” Ms. Warren is scheduled to tell the gathering, according to excerpts of remarks released late Tuesday. “You can imagine the analogies: Nixon to China, Daniel in the Lion’s Den, Senator John Kennedy speaking before Protestant ministers.”

Ms. Warren is expected to stress that she and the chamber’s members share one important belief: “Competitive markets are good for consumers and for businesses,” according to the excerpts. “The important question is how to ensure that markets are competitive.”

Ms. Warren, who is an assistant to the president and a special adviser to the secretary of the Treasury, received a lashing from Republicans two weeks ago at her first appearance on Capitol Hill after beginning her role at the consumer bureau.

During the hearing, Republicans on the House Financial Services Committee castigated the agency, calling it unnecessary and saying it will overly burden businesses with regulatory red tape. Republicans and Chamber members have also complained that the bureau lacks oversight and that its powers are too broad.

Ms. Warren, a Harvard law professor whose writings about the importance of protecting consumers were an inspiration for the new bureau, will tell the business group that making sure that the rules are enforced is the best solution for the problems that became apparent during the financial crisis.

“A cop on the beat looking out for consumers does not reduce the freedom or effectiveness of markets; rather, it permits honest competition to flourish,” her remarks say. “If you are one of the guys who don’t use steroids when you play ball, then you don’t want to compete against those who are juicing. We understand that it isn’t enough to have good rules; competition flourishes only when those rules are consistently enforced.”

The bureau is not allowed to enact any new regulations until a director is appointed, and though one is expected by July 21, when the bureau is supposed to be operational, the Obama administration has not signaled when the appointment might come. Mr. Obama stopped short of formally nominating Ms. Warren as its first director because she would have had to face Senate confirmation.

So far, the bureau has indicated that much of its initial attention will be on consumer mortgages and simplifying the confusing array of mortgage disclosures that home buyers face.

“Fine print and overly long agreements get in the way of an efficient and competitive market,” Ms. Warren is expected to say. “The role of regulation in credit markets is, at its heart, to make it easy for consumers to see what they are getting and to make it easy for customers to compare one product with another, so that markets can function effectively.”

Article source: http://feeds.nytimes.com/click.phdo?i=787eaae425dcadbf88696f37e9f969a4