End Kickbacks in the Annuity Business?

Kickbacks are prevalent in the annuities industry in the US.  Senator Elizabeth Warren wants to clean up the business..

Her report examines responses from 15 leading annuities providers to letters sent by Senator Warren earlier this year, highlights the ways that annuity companies can incentivize agents to put their own interests ahead of their clients.

Overall, thirteen of the fifteen companies investigated admitted to offering kickbacks either directly to agents, indirectly through third party gift payments, or both. Two of the fifteen leading annuities providers indicated that they refuse to provide non-cash direct or indirect kickbacks, suggesting it is straightforward – though uncommon – to build a successful advising business without offering such inducements.

“Companies shouldn’t be allowed to offer expensive vacations, prizes and other kickbacks to agents in exchange for selling costly, second-rate investment products to unsuspecting customers,” Senator Warren said. “This investigation highlights the need for a strong Conflict of Interest Rule to protect the savings of families trying to save for retirement and to ensure a level playing field for companies and advisers who want to do right by their clients.”

Key findings of the report include:

• The vast majority of companies investigated admitted to providing rewards and inducements, such as expensive vacations and other prizes, to annuity agents in exchange for sales.
• Annuity companies also create conflicts of interest and evade some existing restrictions by offering perks and inducements to annuity sales agents through third party marketing organizations.
• Current disclosure rules are inadequate to ensure that customers are informed about the incentives agents receive for selling them specific financial products.
• Existing rules and regulations to deter conflicts of interest are completely inadequate.

Because of loopholes in the law, it is perfectly legal for some advisers to steer customers into complex financial products that will earn the highest rewards, perks and prizes for the advisers – even if they are bad options for their customers. Research suggests that this loophole costs Americans an estimated $17 billion every year. In order to protect consumers from these types of abuses, the Department of Labor has proposed a draft rule to put an end to these conflicts of interest by closing these loopholes.

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Impact of QE on Investments

Michael Spence writes:  On his recent book tour, former Federal Reserve Chairman Ben Bernanke stated that low long-term interest rates are not the Fed’s doing. Low rates result from a shortage of good capital projects. If there were good investment projects, he explained, capital would flow and interest rates would rise. Mr. Bernanke insists that the absence of compelling investment opportunities in the real economy justifies continued, highly accommodative monetary policy.

That may well be true according to economic textbooks. But textbooks presume the normal conduct of policy and that the prices of financial assets like stocks and bonds are broadly consistent with expectations for the real economy. Nothing could be further from the truth in the current recovery.

During the past five years earnings of the S&P 500 have grown about 6.9% annually. As the table nearby shows the current profit picture pales in comparison to prior economic expansions, in which earnings grew significantly faster. Moreover, only about half of the profit improvement in the current period is from business operations; the balance of earnings-per-share gains arose from record levels of share buybacks. So the quality of earnings is as deficient as its quantity. The current economic expansion is also unusual because the stock market and other financial assets have boomed in spite of relatively muted profit gains.

What explains the apparent divergence between earnings and asset prices? The unusual conduct of monetary policy.

Extremely accommodative monetary policy, including the purchase of about $3 trillion in Treasurys and mortgage-backed securities during three rounds of “quantitative easing” (QE), pushed down long-term yields and boosted the value of risk-assets. Higher stock prices were supposed to drive business confidence and higher capital expenditures, which were supposed to result in higher wages and strong consumption. Would it were so.

Business investment in the real economy is weak. While U.S. gross domestic product rose 8.7% from late 2007 through 2014, gross private investment was a mere 4.3% higher. Growth in nonresidential fixed investment remains substantially lower than the last six postrecession expansions. In 2014, S&P 500 companies spent considerably more of their operating cash flow on financially engineered buybacks than real capital expenditures for the first time since 2007. During the precrisis period, by contrast, corporate spending on real assets averaged 10 percentage points higher than on financial assets.

Many believe that today’s lack of capital investment stems from a shortfall of global demand. Output gaps can have a dampening effect on investment. But the demand that drives capital investment is future demand. Efforts by the Fed to fill near-term shortfalls in demand through QE and so-called forward guidance have shown limited and diminishing signs of success. And policy makers refuse to tackle structural, supply-side impediments to investment growth, including fundamental tax reform.

Can it be that QE has redirected capital from the real domestic economy to financial assets at home and abroad. In this environment, it is hard to criticize companies that choose “shareholder friendly” share buybacks over investment in a new factory. But public policy shouldn’t bias investments to paper assets over investments in the real economy.

How has monetary policy created such a divergence between real and financial assets?

First, corporate decision-makers can’t be certain about the consequences of QE’s unwinding on the real economy. The resulting risk-aversion translates into a corporate preference for shorter-term commitments—that is, for financial assets.

Second, financial assets are considerably more liquid than real assets.

Third, QE reduces volatility in the financial markets, not the real economy. By purchasing long-term securities, the Fed removes significant market volatility from stocks and bonds.

Fourth, QE’s efficacy in bolstering asset prices may arise less from the policy’s actual operations than its signaling effect. Mr. Bernanke himself has said that QE “works in practice, just not in theory.”

For real assets, the benefits of QE are far less obvious—and the results far less impressive.

Inadequate capital investment means that labor is also underutilized. The impact of low capital investment is apparent in the weak productivity statistics.

These trends, if not reversed, threaten to harm the U.S. economy’s growth prospects. We recommend a change in course. Increased investment in real assets is essential to make the economic expansion durable.

EU Works on Tax ‘Harmony’

The Rocky Road to Globalization.

The EU, with a single currency and a single market is making moves to make tax treatment more uniform.  This may be a mini model for a global response to the current issues of national taxation while doing business globally.

Eliza Ferreira, the co-rapporteur of a special committee on tax rulings,  says tax harmonization is not on the agenda but “you can’t leave the EU member states complete freedom in a single market and single currency.” She added that the need for action is urgent because the erosion of Europe’s tax base is “as bad as the [situation caused by] banks a few years ago,” and creates an unstable political situation. On the state aid tax cases pursued by Competition Commissioner Margrethe Vestager: “We are really supporting her. It was right for us to put pressure on the Commission. This is just the top of the iceberg.”

“The problems of Luxembourg are a generalized practice, it is not just Luxembourg … It is a game that is not controlled… We end up with multinationals paying almost no tax while the vulnerable go through very harsh austerity, as with SMEs who cannot benefit from all these mechanisms. So our appeal is for a new approach; for Parliament and Commission to make the Council move.”

The committee is expected to call for new impetus to deliver the CCCTB (Common Consolidated Corporate Tax Base) proposed by the Commission in 2011. They are not interested in tax rates per se. “The levels don’t really matter, what matters is how you calculate it and what the exemptions are,” Ferreira says. Finally, “Tax reporting needs to include how much is actually paid,” and the EU must define what is a tax haven, or at least lay out criteria for national governments to apply.

Tax

High Water Women Explores Impact Investing

Can women be the new Trojan horse?

In a fascinating program focused on Impact Investing, Hugh Water Women, a New York based group of hedge fund women leaders, took a two-pronged approach to women and investing.

Panel discussions explored how women treat finance and how, if we are empowered, we can impact change for the good.

Why do women lack confidence about finance?  Several insights that emerged were particularly interesting.

1. Women know more than they think they do.  (Cororlary: Men know less than they think they do and also act ‘as if’ easily)

2.  Failure is acceptable in men and not in women.

3.  Women are more risk averse, but this can be positive in terms of performance, personal or corporate.

4.  Chinese women are as successful in finance as Chinese men.  They are highly educated and may benefit from the one child policy.

Impact Investment stories were told by the Cordes Foundation.  Setting Impact and Portfolio objectives were detailed by representatives of the MacArthur Foundation, Anthos Asset Management, Ceniarth and Treehouse Investments.

Breakout sessions combined representatives of law, government and financial institutions.

US Trust, Goldman Sachs and Credit Suisse among others focused on how the mainstream is joining the Impact Investing movement.

The afternoon breakout sessions included such topics as education, the environment, and personal investing.

The complexity of women’s position in the financial world was clearly presented.

Women’s priorities: making a better future world, providing young people with the education and health benefits they need to thrive, may well come to the fore as women take positions on corporate boards, invest in other women and generally gain power.

This is where the Trojan horse comes in:  women will gain position through the gender equality battle.  When they achieve power, are they prepared to fight for what’s good  for the future?

High Water Women

Refugee Migration

Leaders from several European countries are holding an emergency meeting to try to close sharp divisions on the migrant crisis in the Balkans.

A draft statement calls on countries to stop waving through migrants without the agreement of their neighbours.

Slovenian PM Miro Cerar warned that the EU would “start falling apart” without concrete action on the crisis.

But his Serbian counterpart Aleksandar Vucic played down the prospects of a deal.

Ten EU and three non-EU states are taking part but the absence of Turkey at the summit has been questioned.

“Today the discussion will be among the countries along the corridor of the refugee flows,” said Greek Prime Minister Alexis Tsipras.

“But everybody knows at the end of the corridor there is an entrance.”

The draft calls for the “gradual and controlled” movement of people through the migration route.

It also proposes to bolster EU patrols at Greece’s borders and to send 400 extra guards to Slovenia.

Germany Chancellor Angela Merkel said the refugee crisis could not be solved without the help of Turkey.

Hungary closed its border with Croatia last week. As a result, Slovenia saw 58,000 arrivals in the week leading up to Saturday, and many people are waiting in wet and cold conditions.

“We will not be able to endure this for weeks if we do not get help,” said Mr Cerar, arriving for the summit.

The Slovenian government has accused Croatia of deliberately dumping thousands of migrants on the border.

Croatia says it has no choice because Slovenia is allowing far fewer into the country than it should be.

If no agreement is reached, he added, “we will soon see families in cold rivers in the Balkans perish miserably”.

Fears of Germany and Austria closing their own borders have led Bulgaria, Romania and Serbia to threaten to do so.

Bulgarian Prime Minister Boyko Borisov said the three countries would not “become buffer zones”.

The International Organization for Migration said that more than 9,000 migrants arrived in Greece every day last week – the highest rate so far this year.

Most of the migrants – including many refugees from the conflicts in Syria, Iraq and Afghanistan – want to reach Germany to claim asylum.

Germany says it expects to take in 800,000 asylum seekers this year.

Refugees

Coal Industry Fighting Carbon Rules

Carbon rule for power plants has the coal interests fighting hard.

The publication of the EPA’s carbon rule for power plants has prompted a flurry of legal and legislative action, ushering in a lengthy battle over the future of the Obama administration’s key climate change initiative.

More than two dozen states and a slew of interest groups and companies sued over the Clean Power Plan.

Leading state attorneys general called the rule an illegal expansion of federal power that they said will have a dramatic impact on electricity pricing, grid reliability and jobs.

On Capitol Hill, Republicans geared up for their own attempt at repealing the rule, perhaps forcing a veto from President Obama.

The Clean Power Plan is intended to cut carbon emissions from the power sector by 32 percent over the next 15 years by assigning carbon targets to states and asking them to find ways to hit them.

In a statement, McConnell repeated his long-held argument against the regulations: that they will hurt his state’s coal industry by forcing a transition to cleaner energy.

“Here’s what is lost in this administration’s crusade for ideological purity: the livelihoods of our coal miners and their families,” he said in a statement.

“I have vowed to do all I can to fight back against this administration on behalf of the thousands of Kentucky coal miners and their families, and this CRA is another tool in that battle. The CRAs that we will file will allow Congress the ability to fight these anti-coal regulations.”

On the legal front, more than half the states affected by the Clean Power Plan have filed lawsuits against it.

West Virginia Attorney General Patrick Morrisey, a Republican, said he hopes a federal court will block implementation of the rule while considering the broader legal case against it.

Morrisey said the EPA doesn’t have the power under to regulate carbon emissions from power plants in the way it has proposed. He equated the rule to a cap-and-trade system, something Congress considered but rejected during the early years of Obama’s presidency, and contended the EPA “cannot use the regulatory apparatus of the executive branch to push policies the Congress does not approve.”

EPA officials and the Obama administration were quick to defend the rule on Friday. In a blog post detailing the Clean Power Plan’s legality and scientific basis, EPA Administrator Gina McCarthy said the regulations are on strong legal ground.

“The plan is fully consistent with the Clean Air Act, and relies on the same time-tested state-federal partnership that, since 1970, has reduced harmful air pollution by 70 percent, while the U.S. economy has tripled,” she wrote.

White House spokesman Eric Schultz said he wasn’t surprised to see Republican critics “rush to the courts to try and prevent something they weren’t able to do legislatively,” and dismissed their chances of success.

Obama is certain to get support from some outside sources. A group of 15 Democratic attorneys general led by New York’s Eric Schneiderman said Friday they would file motions supporting the rule come next week.

Green groups are primed to do the same.  “The Clean Power Plan will have a powerful army of defenders as well, in this court battle,” said David Doniger, director and senior attorney for the climate and clean air program at the Natural Resources Defense Council.

End Coal Dependence

Lagarde: Combating Climate Change

Christine Lagarde said recently:  “China is on the way to a new growth model, and the US monetary policy probably goes in a new direction. These are necessary and healthy transitions. But they affect other countries around the world through trade, exchange rates, by investment markets and capital flows.”  Or spillovers.

The finance ministers of the leading industrial and emerging countries (G20) are developing a comprehensive action plan to commit 100 billion dollars envisaged by 2020 annually to public and private capital to combat and adapt to climate change.  According to the OECD Interim Report: 60 percent of this money has been pledged.

The Climate Fund was formed to benefit mainly developing and emerging countries, and is considered fundamental to finalize a global climate treaty with greenhouse gas reduction commitments by 190 countries in December in Paris.  Without action “we will transform ourselves into chicken and we are all fried, grilled, toasted and roasted,” Lagarde warned.

Are we going to be burned chicken?

 

De-fanging EU Sanctions?

The US wants the EU to firm up their sanctions policies.  A set back in court this week shows them weakening.

Nicholas HIrst writes:  The General Court of the European Union on Monday annulled European sanctions against a Ukrainian oligarch, harshly criticizing the evidence relied on by European countries and delivering a blow to the bloc’s fledgling sanctions regime.

The court struck down a March 2014 decision by the Council that froze the assets of Andriy Portnov and imposed an EU travel ban. The judges blasted the EU for relying solely on accusations from the Public Prosecutor’s Office of Ukraine, without corroborating the charges.

The letter from the prosecutor, the court noted, failed “to provide any details concerning either the facts alleged against Mr. Portnov or his responsibility in that regard.”

The ruling is more symbolic than anything because Portnov, an advisor to former Ukrainian president Viktor Yanukovych, was removed from the sanctions list in March. Still, the consequences of the ruling could be far-reaching.

Like Portnov, other blacklisted oligarchs have appealed to EU courts, complaining they have been sanctioned solely based on a recommendation from Ukraine’s public prosecutor.

One of them is Mykola Azarov, Ukraine’s prime minister from 2010-2014, who has challenged his inclusion on the EU sanctions list. His lawyer, Alexander Egger of the Austrian law firm Lansky, Ganzger + partner, said the ruling will have “consequences on other pending cases” and that the EU institutions needed to “study their cases more carefully.”

The EU’s sanctions regime is a major plank of its efforts to contain the Russian-inspired violence in eastern Ukraine.

The judgment could strain relations between Europe and the U.S. government.

The U.S. government is “increasingly concerned about weaknesses in the European sanctions mechanism,” Anthony Gardner, the U.S. ambassador to the EU, warned in July. In a speech earlier this year, Gardner expressed concern that Brussels had yet to develop “records that will withstand rigorous judicial scrutiny.”

The Council had justified including Portnov on the list last year by describing him as “subject to criminal proceedings in Ukraine … in connection with the embezzlement of Ukrainian state funds and their illegal transfer outside Ukraine.” But the court concluded Portnov was at the time only the subject of a preliminary investigation.

Monday’s ruling is the latest in a string of defeats for the EU over sanctions. Judges have annulled sanctions leveled against Hamas, an EU-designated terrorist organization, the Tamil Tigers, a Sri Lankan militant group also listed as a terrorist organization, and, earlier this month, the Belarusian owners of Dynamo Minsk football club.

The Commission recalled that Portnov had been removed from the EU sanctions list in March and said it and the Council were “studying carefully the ruling.”

“They will reflect on the options open to them and will, in due course, decide on any appropriate remedial action,” said a Commission spokesperson.

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How to Help Puerto Rico with Debt?

Puerto Rico, a US territory, currently owes about $72 billion to hedge funds, mutual funds and other investors.  In June the Governor said Puerto Rico would not be able to repay these debts.
The Obama administration has offered a plan to help Puerto Rico’s economic recovery.  Senator Elizabeth Warren does not feel the administration’s plan is ‘creative’ enough.  Warren wants to see a Chapter 9 plan, which would benefit Puerto RIcans as much as the big banks were benefited by the US bailout in 2009.  Over 300,000 people have left the island in the past ten years to find work elsewhere.
Warren is calling for comprehensive re-structuring.
Puerto Rican Debt