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Politics : Sioux Nation -- Ignore unavailable to you. Want to Upgrade?


To: altair19 who wrote (156769)12/23/2008 10:57:15 AM
From: Travis_Bickle  Read Replies (1) | Respond to of 361706
 
It will be for the ones who invested through a middleman but the ones who invested directly have a problem in that there is no one to pay the damages, and they no longer have the funds to pay a lawyer up front.



To: altair19 who wrote (156769)12/23/2008 12:05:38 PM
From: stockman_scott  Respond to of 361706
 
Tontine Capital to Start New Hedge Fund After Losses This Year

By Saijel Kishan and Katherine Burton

Dec. 23 (Bloomberg) -- Jeffrey Gendell, whose investment firm Tontine Associates LLC is liquidating two hedge funds after losses of more than 60 percent this year, plans to start a new fund in February.

The Tontine Total Return Fund will invest in stocks believed to be undervalued and won’t use borrowed money, Gendell said in a letter to investors. Steve Bruce, a spokesman for Greenwich, Connecticut-based Tontine, declined to comment.

Tontine, started by Gendell 12 years ago, had been one of the industry’s best performers, with its four funds returning an average of 38 percent annually since inception. The firm last month said it was unwinding Tontine Capital Partners LP, a fund that plunged 77 percent this year through October, and Tontine Partners LP, which fell 67 percent through September.

“I would be very surprised if people allocated new capital with him after such losses,” said Graziano Lusenti, founder of Nyon, Switzerland-based Lusenti Partners LLC, an investment adviser.

Gendell is not the first to seek investments for new funds after losing money for clients. Nicholas Maounis, whose hedge- fund firm Amaranth Advisors LLC collapsed under a record $6.6 billion loss in 2006, started a new fund in October.

Tontine said existing clients who choose to invest in the new fund will pay a management fee of 1 percent and won’t be charged an investment fee until their losses are recouped.

New investors in Tontine’s fund will be charged the industry-standard fees of 2 percent of assets and 20 percent of investment gains, the firm said.

‘Old-Fashioned’ Investing

“We believe old-fashioned stock picking will return to the forefront and the next several years will bring extraordinary investment opportunities,” Gendell said in the Dec. 9 letter, a copy of which was obtained by Bloomberg News.

Hedge funds, private, largely unregulated pools of capital, are reeling from the worst financial crisis since the Great Depression, losing an average of 18 percent this year through November, according to Hedge Fund Research Inc. in Chicago.

Gendell, a former sports reporter for the Associated Press, previously worked as head of stock investing at Odyssey Partners LP, an early hedge fund started by the late Jack Nash whose alumni include John Paulson of Paulson & Co.

To contact the reporters on this story: Saijel Kishan in New York at skishan@bloomberg.net; Katherine Burton in New York at kburton@bloomberg.net

Last Updated: December 23, 2008 11:22 EST



To: altair19 who wrote (156769)12/23/2008 2:26:09 PM
From: stockman_scott  Respond to of 361706
 
Feinberg Despised in Wisconsin Where Cerberus Lives Up to Name

By Bob Ivry

Dec. 23 (Bloomberg) -- Just about everyone in Kimberly, Wisconsin, hates billionaire Stephen Feinberg.

“This is a greedy, extremely greedy guy who doesn’t care about other human beings,” said Jeffery Wyngard, a third- generation Kimberly mill worker with 30 years on the job.

“Feinberg has no morals,” said paper mill workers union local president Andy Nirschl.

“There won’t be a lot of Stephen Feinberg Little League fields,” said Bob Brukardt, who also worked at the mill for 30 years. “He sold his soul to the devil.”

Feinberg inspires this reaction in Kimberly because Cerberus Capital Management LLC, the company he founded in 1992, owns NewPage Corp., which closed the town’s 119-year-old paper mill that Local 2-9 of the United Steelworkers says was profitable when NewPage bought it nine months ago. Six hundred people are out of work in the town of 6,200 at the same time Cerberus’s money-losing Chrysler LLC automotive unit was seeking a taxpayer loan.

The Kimberly workers are searching for new jobs as the U.S. unemployment rate reached a 15-year high last month. The government has pledged more than $8 trillion to rescue cash- strapped financial companies, plus $4 billion for Chrysler.

‘Pent-Up Anger’

“There’s a pent-up anger wherever I travel,” said Leo Gerard, president of the Pittsburgh-based United Steelworkers, which represents 1.2 million members, including the Kimberly mill workers. “People feel very much like they’re being screwed. I really think you’ll see tens of thousands of people if not hundreds of thousands taking to the streets and protesting across the country.”

During the Great Depression of the 1930s, Kimberly paper mill bosses spread the work around so every family in the Wisconsin town could put food on the table, said Mark Van Stappen, whose grandfather started at the mill in 1892.

Cerberus’s investors include pension funds, endowments and family savings, and the company has a fiduciary responsibility to protect those investments, Tim Price, a Cerberus managing director, said in a phone interview.

NewPage has about 8,000 employees whose livelihoods would be in jeopardy if the company hadn’t closed the Kimberly plant, Price said. NewPage’s management runs the day-to-day operations of the company, while Cerberus functions as an investor, he said.

Price said NewPage was doing the responsible thing by terminating the Kimberly employees rather than putting them on furlough.

Severance Pay

“They wanted to make sure people would get severance, vacation pay, holiday pay and outplacement services, because if they weren’t terminated they would not receive these services,” he said.

The workers are getting six months severance pay with health benefits.

NewPage, the Miamisburg, Ohio-based paper manufacturer controlled by Cerberus since 2005, took on almost $3.1 billion of debt when it bought Kimberly and six other mills in December 2007. NewPage Chief Executive Officer Mark Suwyn said the Kimberly facility was “pretty close to breaking even” in 2008. The mill had about $55 million of profit last year before interest, taxes, depreciation and amortization, according to a NewPage document provided by Nirschl, the union president. NewPage said it closed the mill because it was the company’s most expensive to run.

“Nobody likes to take a mill which is the heart and soul of a community and shut it down,” Price said. “It was a very difficult decision for NewPage to make. Each of Cerberus’s portfolio companies operate independently of each other. As investors, Cerberus entrusts each organization to make independent decisions based on the needs of the business. We believe the board and management of NewPage acted responsibly and with compassion for the displaced employees through this process.”

Three-Headed Dog

Still, the workers blame Cerberus, named after the three- headed dog from Greek and Roman mythology who guards the gates of hell, and Feinberg, its 48-year-old founder.

Feinberg “is partly responsible for my little girl not being able to sleep at night, the 9-year-old girl who worries about her father losing his job,” Brukardt said. “That’s why he hides under his rock. Because in his heart he knows he isn’t right.”

As CEO of a $26 billion company, Feinberg has a net worth of about $1 billion, according to Forbes Magazine’s 2008 list. Brukardt made $24 an hour, or about $80,000 last year including overtime. Brukardt said he owes $160,000 on the mortgage for his five-bedroom duplex on College Avenue in Appleton, Wisconsin, and he doesn’t know how long he can keep making payments.

Caring Person

Price said Feinberg was a responsible person who agreed to give up Cerberus’s stake in Chrysler if the automaker takes any taxpayer money.

Cerberus acquired 80 percent of Chrysler, the third-largest U.S. carmaker, in 2007 from Daimler AG for $7.4 billion. Because it is privately owned, Chrysler does not report its financial results.

Feinberg “is a good guy and a caring person,” said Price. “Steve is the kind of guy who’s shy about publicity. He doesn’t feel he’s worthy of it and he’s embarrassed by it. He has very high integrity and I think in every case he tries to do the right thing.”

As unemployment grows, displaced workers are starting to protest. In Chicago, employees of Republic Windows & Doors occupied a factory earlier this month after Bank of America Corp. of Charlotte, North Carolina, forced the company out of business by cutting its credit line. Bank of America and New York-based JPMorgan Chase & Co., a part-owner of Republic Windows, agreed Dec. 10 to a $1.75 million loan to cover the severance pay of 240 employees.

Militancy

“With nothing left to lose, militancy gave them their one hope,” said Harley Shaikin, a labor relations professor at the University of California, Berkeley. “We’ll see more rather than less of this.”

In Kimberly, on the Fox River 115 miles northwest of Milwaukee, blue-and-white lawn signs urge NewPage to reopen the mill or sell it. Workers set up what they call Camp Kimberly in a park across the street from the mill, which stretches almost a quarter mile along the river. The encampment is part vigil, part protest and partly a place for the men to hang out, waving to neighbors who honk as they drive by.

Christmas Tree

Three weeks ago, they put up an artificial Christmas tree in a snow bank and Rick Hardrath, who worked at the mill for more than 25 years, wound a pipe cleaner around the neck of a Grinch doll and hooked it to a branch. He attached a sign that made the other guys get out their cell phones and snap photos: “How Cerberus Stole Christmas!”

To keep warm, the workers moved a trailer onto the lot. Inside on a morning in early December, a dozen men, with room for another dozen, drank coffee around a portable heater. The men mostly wore hunting gear -- heavy boots, overalls, hooded camouflage coats, Green Bay Packers ski hats.

They talked about job prospects -- a recycling center was hiring, at about half the pay the men were earning at the mill -- maybe getting their truck drivers’ licenses once their severance ran out, or going back to school. All of them talked about returning to the mill.

“My trouble is, I’m a paper maker,” said Randy Gossens, who worked briefly at a mill in next-door Appleton after losing his Kimberly job of 32 years. “I’m not sure I can do anything else.”

‘Ironic’

Dan Sawall, a 30-year mill veteran, said he had watched Chrysler Chief Executive Officer Robert Nardelli on television “with those granny glasses at the end of his nose,” Sawall said, telling Congress the automaker needed billions in taxpayer money to stay afloat.

“How ironic is that? You’re taking people’s lives and ripping them apart and now you want those same people to bail you out?” Sawall said. “If I don’t have a job to pay my taxes, how am I supposed to bail you out? Personally, I don’t know how those guys sleep at night.”

Karl Hooyman shook his head. He calculated that $54 from his weekly unemployment compensation of $355 would go to taxes that might be funneled to the Chrysler loan.

“Thirty-eight years gone in the blink of an eye,” he said. “It don’t make sense.”

The Kimberly facility had an experienced workforce, state-of- the-art equipment and a community that has weathered the ups and downs of the industry since John Kimberly started making paper there in 1889, said U.S. Representative Steve Kagen, a Democrat who represents neighboring towns. The mill eventually became part of Kimberly-Clark Corp.

“The reason why the Fox River valley was so successful is that wealth wasn’t concentrated in one family, it was spread out among dozens who were part of this community so they had a personal stake,” said State Assembly Majority Leader-Elect Tom Nelson, a Democrat who represents Kimberly.

Weakening Demand

After NewPage bought the Kimberly facility and six other mills a year ago from Helsinki-based Stora Enso Oyj, the world’s largest paper maker, the Cerberus unit closed mills in Maine, Ohio and Niagara, Wisconsin, and shut one of three papermaking machines at the Kimberly plant.

The Kimberly mill was closed on Sept. 18 because of its cost to run, weakening demand and a surge of less expensive imports from China, according to NewPage CEO Suwyn. North American demand for the coated paper that NewPage makes dropped 19 percent in October from a year earlier while prices were “holding firm,” according to Toronto-based TD Newcrest, a division of TD Securities Inc.

NewPage’s prices were higher than its competitors, said Verle Sutton, Chicago-based editor of Reel Time Report, a unit of industry data provider Forestweb Inc. in Los Angeles.

“If NewPage was more reasonable about price increases, they wouldn’t have driven out demand and they wouldn’t have had to diminish capacity like they have,” Sutton said in an interview.

Prices of NewPage’s bonds have been knocked down to 29 cents on the dollar, according to Trace, the market reporting system of the Financial Industry Regulatory Authority.

Cost-Effective

The Kimberly mill probably would be more cost-effective today than NewPage’s other mills because it’s the only one that doesn’t produce the pulp used to make paper, Sutton said. Pulp prices declined 16 percent in the U.S. since July, according to ERA Equity Research Associates Inc. in Gibsons, British Columbia, Canada. That makes pulp cheaper to buy than to make, Sutton said.

Suwyn and representatives from Cerberus met union leaders Dec. 11 in a closed-door, two-hour session at the Kimberly Municipal Complex, while about 60 workers and their family members waited in the halls.

Because the company officials were coming to Wisconsin, Nirschl, the local union president whose father Jim designed the papermaker wasp mascot for Kimberly High School in 1951, said he hoped they would announce the reopening of the facility.

Hard Times

The employees got no such assurances. When Mike Schuler, a Cerberus vice president and the firm’s representative at the meeting in Kimberly, emerged from the meeting, he said selling the mill wouldn’t help Chrysler.

“All Cerberus’s companies operate independently,” Schuler said. “It’s not feasible at all for the money to go to Chrysler.”

Jim Dercks, who worked 29 years at the mill, said the workers are planning a bus trip to New York to picket Cerberus’s Park Avenue headquarters.

“We don’t want the mill to go down without a fight,” Dercks said.

Hard times have come to Kimberly, Hardrath said. The fake Christmas tree, the one where he hung the Grinch, was stolen from the park across from the mill.

“Somebody must have really needed one,” Hardrath said.

Bla Yao Vang, who survived the Vietnam War and its bloody aftermath in Laos, didn’t survive losing the job he held since 1978 when he arrived in the U.S. from a Hmong refugee camp in Thailand.

“He took the mill closing very hard,” said his 32-year-old son, Lue Vang. “He didn’t like seeing the bills pile up. He felt a lot of pressure.”

Bla Yao Vang was deer hunting with his sons Nov. 29 when he sat down on a stump, had a heart attack and died.

He was 54.

To contact the reporter on this story: Bob Ivry in New York at bivry@bloomberg.net.

Last Updated: December 23, 2008 00:01 EST



To: altair19 who wrote (156769)12/24/2008 6:02:25 AM
From: stockman_scott  Respond to of 361706
 
Brewers Owner Suggests Salary Cap After Yankees Sign Teixeira

By Danielle Sessa

Dec. 24 (Bloomberg) -- Milwaukee Brewers owner Mark Attanasio said Major League Baseball may need to impose a salary cap to preserve competition after the New York Yankees spent $424 million to sign three players.

The Yankees agreed on an eight-year, $180 million deal with Mark Teixeira, according to a baseball official familiar with the contract, continuing to acquire the most expensive free- agents on the market before moving into a new $1.3 billion ballpark next season. New York signed former Cy Young Award winner CC Sabathia for seven years and $161 million, and got pitcher A.J. Burnett for five years and $82.5 million.

“At the rate the Yankees are going, I’m not sure anyone can compete with them,” Attanasio said in an e-mail. “Frankly, the sport might need a salary cap.”

Baseball is the only one of the major U.S. professional sports that operates without a salary cap, which sets a ceiling on payroll. The sport imposes a tax when teams surpass a payroll threshold and redistributes revenue from the highest-grossing teams like the Yankees to the clubs that produce the least revenue like Milwaukee.

The Yankees have exceeded the payroll limits every year since baseball began imposing a penalty in 2003 and has accounted for 90 percent of the money collected, the Associated Press reported. The methods baseball implements to curb spending isn’t working for the Yankees, Attanasio said.

Luxury Tax

“Obviously, the 34 percent they kick into the revenue- sharing pool and the luxury taxes don’t affect them one whit,” said Attanasio, who is also a managing director at Los Angeles- based TCW/Crescent Mezzanine, which has invested about $4.7 billion via leveraged buyouts, acquisitions and project finance.

Major League Baseball spokesman Pat Courtney didn’t immediately return an e-mail for comment on Attanasio’s salary cap suggestion.

Yankees spokesman Michael Margolis declined to comment.

New York beat out the Boston Red Sox, Los Angeles Angels, Washington Nationals and Baltimore Orioles for the services of Teixeira, a Gold Glove first baseman.

The Yankees also topped the Brewers in acquiring Sabathia. Milwaukee offered a five-year, $100 million deal for the left- hander before the Yankees began negotiations with a deal worth $40 million more.

“They are on a completely different economic playing field,” Attanasio said in a telephone interview. “I paid $220 million for my team; now they get three players for $420 million.”

According to Forbes magazine, 16 of the MLB 30 teams are worth less than what the Yankees paid for Teixeira, Sabathia and Burnett.

The Yankees began last season with a $209 million payroll, marking the 10th straight year they led the sport. The Florida Marlins had the lowest payroll at $22 million. The disparity is an issue, Attanasio said.

“At some point it gets to be absurd when a team has a $200 million payroll,” he said, adding that the Brewers won’t raise their $81 million payroll because of the recession.

To contact the reporter on this story: Danielle Sessa in New York at dsessa@bloomberg.net

Last Updated: December 24, 2008 00:04 EST