Business and Finance

Mexico

Wall Street opened higher Wednesday following reports that the International Monetary Fund could get more cash to help countries struggling to manage their debt.

The Dow Jones industrial average is up 43 points at 12,483 after the first half-hour of trading. That’s an increase of 0.4 percent. Bank of America Corp. and JPMorgan Chase & Co. are the Dow’s leading stocks. BofA rose 2.6 percent, JPMorgan 2 percent.

Goldman Sachs Group Inc. jumped 3.5 percent after the investment bank reported earnings that trumped analysts’ expectations. Profit still sank 58 percent in the last three months of 2011, a result of sinking interest rates and volatile financial markets.

Other financial stocks were sharply lower. State Street Corp. dropped 6.5 percent.

Christine Lagarde, the IMF’s managing director, said Tuesday that the fund was looking at ways to increase the amount it can lend to countries, partly to deal with Europe’s debt crisis.

The S&P 500 index is up 5 points to 1,298. The Nasdaq is up 16 points, or 0.6 percent, to 2,744.

Yahoo Inc. rose 2 no credit check payday loans.5 percent on news that co-founder Jerry Yang is leaving the struggling Internet company. The departure clears the way for newly hired CEO Scott Thompson to take more radical action to shake up the company.

The Federal Reserve said manufacturing rose 0.9 percent in December, the biggest increase since December 2010. Output surged as companies bought more machines and materials.

Among other stocks making large moves Wednesday:

_ Amphenol Corp. soared 10 percent, the largest gain in the S&P 500. The manufacturer of fiber optic cables reported earnings that beat analysts’ expectations.

_ Linear Technology Corp. jumped 8.3 percent. The Milpitas, Calif.-based circuit maker said it expects revenue to rise between 4 and 8 percent in its third quarter following strong order increases in December and January. It also raised its dividend by a penny to 25 cents per share.

Source

Should Republican presidential candidate Mitt Romney choose to release his tax returns, it likely will spur yet more debate about how much the rich should pay in taxes.

In particular, a lot of scrutiny may be given to how much tax Romney paid on the money he has made from Bain Capital, an investment firm he founded in 1984 and left in 1999.

That’s because the U.S. tax code lets fund managers of some investment firms pay a far lower tax rate on much of their compensation than they would if that money were treated as a salary or bonus.

The rule applies to managers of venture capital funds and private equity funds, both of which Bain runs.

The firm, which is a privately held investment partnership, uses money from outside investors to either invest in start-ups, buy out public companies, or invest capital in private ones, all in an attempt to boost their value and sell them at a profit.

Compensation for general partners — as Romney was at Bain — is typically based in part on the profits made on winning investments.

The partnership will set a minimum rate of return that the fund must achieve when it sells an asset, say 8%. And the general partners then get 20% of any profits above that. That compensation is called "carried interest."

Fact or fiction? Romney’s private equity past

But rather than being taxed as regular income — rates on which go as high as 35% - carried interest is taxed at the much lower capital gains rate of 15%.

The case made for applying the capital gains rate is to encourage investment. But general partners are entitled to carried interest even if they have not invested their own money in the fund (although most do invest some).

That’s why many — including President Obama — have called for carried interest to be taxed as regular income that is paid in exchange for investment services.

General partners are also paid a fixed management fee, which is taxed as ordinary income. Typically that fee is worth about 2% of the fund’s assets.

Since 1999, Romney - whose personal fortune is estimated to be as high as $264 million — has continued to profit from Bain’s work thanks to the terms of his retirement package.

Those who support taxing carried interest as a capital gain make a few arguments.

First, they say, the "sweat equity" of the general partner is as valuable as the financial equity of fund investors.

Second, the partner gets paid carried interest only if the fund does well. And it’s potentially subject to a clawback if other asset sales don’t meet their minimum "hurdle" rates.

Last, they contend, if rates did go up, it would discourage investment and risk-taking.

Gingrich’s ‘Bain bomb’ fizzles

"Carried interest is an important aspect of the capital gains tax system that is based on the uniquely American principle that we reward those who take entrepreneurial risk, whether that risk involves investing capital or other aspects of ownership that require years of time, effort, and vision," said Ken Spain, a spokesman for the Private Equity Growth Capital Council.

Others aren’t convinced.

"It’s not going to change how people do business," said Victor Fleischer, an associate professor of law specializing in venture capital and private equity taxation at the University of Colorado. That’s because the tax increase would only affect general partners, not the people who invest the bulk of money in private equity funds, he said.

Moreover, just because carried interest is dependent on good performance and may be clawed back isn’t reason to tax it more lightly than other income, Fleischer added.

"The fact that compensation is risky and not guaranteed doesn’t justify treating it as a capital gain."

Since 2007, measures to tax carried interest as ordinary income have been included in various bills, often to help pay for the cost of other tax cuts or spending increases. Should the change ever pass, it’s not expected to swell federal coffers, raising less than $20 billion over 10 years. 

Source

Standard & Poor

Robin Ebersohl knew she had a loud muffler. She couldn’t afford to get it fixed. When she saw a police car, she thought she’d chance it and drive by.

It was a mistake bigger than she could have imagined.

She thought she might get a ticket. Instead, she got three days in jail and her father lost $500 in bail money.

Ebersohl, of Livingston in Madison County, wasn’t accused of a crime. She was arrested on a court order issued at the behest of a creditor trying to collect less than $1,000 she owned in medical bills.

Ebersohl, 51, was trapped in the 21st century version of debtor’s prison.

“It was awful. You get deloused. They do this in front of the guard. It was very embarrassing. It was very degrading,” she said. “I’d never been arrested before, never been in any kind of trouble.”

The term “debtors prison” summons up images of Dickensian England and Colonial America. As a formal matter, most states did away with debtors prisons in the early 1800s, along with the whipping post.

But lots of people still go to jail over unpaid debts in America - including Missouri and Illinois. Here’s how it happens:

A creditor goes to court and gets a judgment for an unpaid debt. The debtor is then summoned to court to be questioned by the creditor, who wants to know about assets that could be seized. It’s called a “pay or appear” hearing in Illinois.

If the debtor doesn’t show up, the creditor asks the judge for an arrest order. In Illinois, that’s called a “body attachment.”

Creditors and their lawyers say it’s necessary tool to make sure that debtors obey the courts.

“If we can’t enforce our contracts, and use the law to do that, what will we become?” asked William Asa, a creditors attorney in Metro East.

Consumer advocates say its used unfairly to squeeze money out of jailed defendants and coerce others with the threat of imprisonment.

Police generally don’t go hunting for debtors. But if they’re stopped for a traffic violation or some other reason, the warrant shows up on computer records and off to jail the debtor goes.

Creditors like body attachments because they make money on them, as Ebersohl can testify. She sat in jail until her father’s pension check arrived, and he paid her $500 bail.

Then the court released the bail to her creditor, the Credit Bureau of Macoupin County. Her father was out the money.

“It’s considered the property of the defendant,” says Brent Cain, who represented the Credit Bureau. After all, the Credit Bureau had a judgement against Ebersohl and thus could take her property.

That’s common practice, says Beverly Yang, attorney at Land of Lincoln Legal Assistance, which provides free legal representation for the poor.

“This process is THE method of collection,” she said.

Arrests of debtors are common today in Southern Illinois, according to Yang. She said Madison County courts issued 65 such arrest orders from April to December of last year. Ebersohl’s arrest was in October 2007 on an order issued in Macoupin County.

Missouri courts are issuing arrest orders for debtors, too, said Rob Swearingen, attorney for Legal Services of Eastern Missouri. So-called “capias” warrents are issued “over and over again” in St business cards. Louis city, he said, although he said he is just beginning to study the issue and doesn’t know how common it is in the state.

The idea of jailing debtors is drawing criticism in Illinois. The state Department of Financial and Professional Regulation is holding hearings on the practice around the state, including one last Monday in Alton.

The department, which regulates lenders, revoked the license of a Easy Money Express, a Carbondale loan company in 2010 for obtaining arrest orders for debtors. The lender got its license back after agreeing to stop the practice.

Yang complains that defendants often don’t know they’ve been summoned to court until they are thrown in jail. Notices of “appear or pay” hearing come by regular mail, she said If the debtor has moved, or didn’t see the letter, they don’t know to appear.

That’s what Ebersohl says happened to her.

Ebersohl was truck driver in 2002, when she came down with cancer. She conquered that, but the ordeal aggravated her diabetes, and she could no longer drive a truck.

She lost her health insurance, along with her job, but her medical bills kept piling up. Eventually, she qualified for disability benefits.

Her creditors sued, got a judgment against her, and began summoning her to “pay or appear” hearings every few months. That’s also a common practice, says Yang, who considers it harassment.

Ebersohl says she went to court every time she got a notice. But says she was never knew about the hearing that caused her arrest. “If I’d got the notice, I would have went,” she said.

Sharon, who identified herself as manager at the Credit Bureau of Macoupin County, declined comment on Ebersohl’s particular case. But she said the agency takes a slow, phased approach to collections.

Before filing suit, the collection agency spends three months trying through letters and phone calls to persuade a debtor to pay, always politely, she said.

“Sometimes people get pretty violent. I’ve been threatened a few times, even today,” said Sharon, who declined to give her last name. “We try to be really nice.”

The agency files suit only if the debtor is making no effort to pay or stay in contact.

“A warrant is issued only when they are in contempt of court - when they refuse to show up or follow the judge’s order,” she said.

Rather than by mail, all their legal papers are delivered by off-duty policemen, she said.

Swearingen says his debtor clients in Missouri often never learn they’ve been sued until after they’re facing a wage garnishment. Missouri law doesn’t allow legal papers to be served by mail in most cases. But it does allow service to someone at the same address. Especially if the defendant has moved, he may never see the papers.

Yang is pressing for changes in Illinois forbidding serving papers by mail, or by summoning people to “pay or appear” hearings over and over again. In some counties, debtors must appear every month, she says. One hearing should be enough.

Source

The Czech Republic should sell Eurobonds this year at better terms than other eastern European Union states because of government plans to trim the budget deficit, Deputy Finance Minister Jan Gregor said.

The Finance Ministry will be ready to sell between 1 billion euros ($1.3 billion) and 2 billion euros of debt from the start of February after the ministry updates its macroeconomic forecasts, Gregor said yesterday in an interview in Prague. The ministry may sell a bond on foreign markets denominated in other currencies if terms for a Eurobond issue aren

Members of the European Parliament involved in drawing up a new treaty designed to stop countries that use the euro from overspending on Wednesday slammed the latest draft.

The three MEPs, all from different parties, warned that that the latest version of the accord “is not compatible with existing EU Treaties.”

Eurozone leaders decided to draw up a new accord, which sets up tighter limits on budget deficits and is supposed to pull the 17 countries that use the euro closer together, at a summit in December in the hope that it would help the currency union pull out of its worsening debt crisis.

They were forced to resort to a separate accord after the U.K. blocked changes to existing EU treaties. All nine other EU countries that do not use the euro have supported the new accord in principle.

But the European Parliament in particular is concerned that the separate treaty sets up parallel structures within the EU, disempowering elected lawmakers and the European Commission.

“The draft does not guarantee that any decision to implement the new agreement would be taken via the normal procedures laid down in the EU treaties to ensure proper democratic scrutiny and accountability,” Elmar Brok, a member of the center-right European People’s Party; Roberto Gualtieri from the Socialist party, and Guy Verhofstadt, a liberal, said in a joint statement.

Their warning underlines a trend that has become more and more pronounced as the eurozone’s debt crisis has intensified over the past two years: important decisions are made by heads of state and government at EU summits _ often dominated by the leaders of France and Germany _ and then presented as a take-it-or-leave-it deal to national parliaments fast cash advance loan.

The parliamentarians are concerned that most of the amendments they made to the previous draft _ stressing the role of the Parliament and the Commission _ were not taken up in the latest version. A roadmap toward eurobonds, debt instruments backed by the eurozone as a whole, also did not make it into the draft.

There were few major changes to the new rules established in the accord. One point of contention is the number of countries that have to ratify the new treaty before it comes into force.

The first draft, circulated before Christmas, stipulated that only eight countries had to ratify the treaty to bring it into existence. A second draft increased that number to 15, while the latest version takes it back down to 12.

Even though the treaty would only apply to the countries that have ratified it, a lower threshold for bringing it into force makes it easier for countries to set up new structures.

However, a spokesman for Verhofstadt stressed that this section was not a “make-or-break” issue.

The next round of negotiations will take place on Thursday morning and the Parliament will adopt its official position on the new accord next week.

Source

Less than 12 hours after German Chancellor Angela Merkel emerged from an all-night crisis summit on Oct. 27, Joerg Asmussen appeared in front of lawmakers in Berlin to sell the deal he helped broker in Brussels.

General Motors Co. is on track to retake the title of world’s top-selling automaker, riding strong sales in the U.S. and China to beat Volkswagen and Toyota.

GM, which lost the crown to Toyota in 2008 after holding it for more than seven decades, won’t release global sales numbers until later this month, but it’s on pace to finish 2011 at around 9 million cars and trucks, at least 800,000 more than its German and Japanese rivals.

Volkswagen AG on Monday said it sold a record 8.156 million vehicles last year, a 14 percent rise over 2010. The company expects a tough 2012, though. Toyota, whose production suffered from the tsunami and Fukushima nuclear disaster, had earlier reported sales of 7.9 million vehicles in 2011.

GM, meanwhile, sold almost 7 million vehicles worldwide in the first three quarters and is expected to reach around 9 million for 2011.

GM has more appealing cars and trucks than in the past when Toyota took the crown away, says Jeff Schuster, senior vice president of forecasting for LMC Automotive, an industry consulting company in Troy, Michigan.

Other manufacturers have passed Toyota partly because its car production was paralyzed by Japan’s earthquake and nuclear disaster last year. But rivals also developed stylish vehicles that are drawing more customers.

“They’re not pushing their designs as much as others in terms of new looks and feel,” Schuster says of Toyota. “The market has changed.”

Volkswagen met its aggressive sales goals in the U.S. and throughout the world, and its products also have made it a strong global competitor, Schuster says.

In the U.S., VW sales rose 26 percent last year to top 324,000 vehicles, boosted by a new Jetta compact sedan and the Passat midsize sedan. That surpassed its goal of 300,000.

Schuster expects a tighter race for the global sales crown next year with Toyota recovering from Japan’s disasters and the Nissan-Renault venture challenging the leaders.

Volkswagen, whose brands include Audi, Skoda and Seat, has a goal of producing 10 million vehicles per year and passing Toyota and GM to become the world’s biggest automaker by 2018.

Volkswagen’s top sales and marketing executive, Christian Klingler, says that “all the company’s brands have shown increases in difficult conditions on volatile markets” and called the 2011 figures “an outstanding result.”

But he added that the coming year will be demanding. “In 2012 the risks are increasing above all on European markets.”

The 17 countries that use the euro are struggling with a financial crisis over too much government debt. Fears that a country may default and damage the banking system have weighed on the wider economy and many think the eurozone economy may have shrunk in the last three months of 2011.

But the 2011 figures underlined a strong year for German automakers, who have profited from strong sales and profits in emerging markets, especially China. Volkswagen, Daimler AG’s Mercedes-Benz, BMW, and Porsche all recorded record vehicle sales for the year.

Luxury carmaker BMW AG said Monday that it sold a record 1.67 million vehicles under its BMW, Mini and Rolls-Royce brands thanks to a 14.2 percent increase over 2010.

The BMW brand, the company’s mainstay, sold 12.8 percent more cars and SUVs _ a total of 1.38 million. Rolls-Royce increased unit sales by 30.5 percent with 3,538 cars sold worldwide, breaking a sales record from 1978.

Porsche on Monday reported a 22 percent sales increase to 118,867 vehicles.

Daimler AG on Jan. 5 reported record sales of 1.362 million for its Mercedes-Benz, smart and Maybach brands.

Some analysts have said that VW is the world’s biggest because GM’s figures include vehicles made by its Wuling joint venture in China. Many don’t count Wuling because GM doesn’t have controlling interest in the company, but GM includes it in global sales figures.

Including Wuling, GM will overtake Toyota and Volkswagen, says Schuster, senior vice president of forecasting for LMC Automotive, an industry consulting company in Troy, Michigan.

____

AP Auto Writer Bree Fowler in Detroit contributed to this report.

Source

The European Central Bank