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Former Enron CEO Skilling to have prison term shortened

Written By Unknown on Kamis, 09 Mei 2013 | 16.47

Wed May 8, 2013 2:25pm EDT

May 8 (Reuters) - Jeffrey Skilling, the former Enron Corp chief executive, has reached an agreement with federal prosecutors that could result in his 24-year prison term over the energy company's spectacular collapse being shortened by roughly a decade.

According to court papers on Wednesday, the government and Skilling have agreed to recommend that Skilling be resentenced at a June 21 hearing to a term of 14 to 17-1/2 years, a period that could be shortened for good behavior.

Skilling has already served more than 6-1/4 years in prison following his May 2006 conviction by a Houston federal jury on 19 counts of securities fraud, conspiracy, insider trading and lying to auditors.

(Reporting by Jonathan Stempel in New York; Editing by Gerald E. McCormick)


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U.S.-backed maker of wheelchair-accessible vans shuts down

Wed May 8, 2013 3:48pm EDT

* VPG received $50 mln in low-interest federal loans

* Billionaire T. Boone Pickens was among investors

* Made 6-passenger van that ran on compressed natural gas

* Latest "green" car startup to run into trouble

By Deepa Seetharaman

DETROIT, May 8 (Reuters) - Vehicle Production Group LLC, a maker of wheelchair-accessible vans that received $50 million in low-interest federal loans, has closed its doors after running out of cash.

The company made the six-passenger MV-1 van that ran on compressed natural gas. Investors in VPG include billionaire T. Boone Pickens.

The U.S. Department of Energy confirmed news of VPG's closure, first reported by the newspaper USA Today.

"While this is unfortunate news about a very promising company, it is the exception rather than the rule for our portfolio of more than 30 projects," DOE spokeswoman Aoife McCarthy said in a statement.

Allen Park, Michigan-based VPG received loans under a DOE program that also extended funding to startups Fisker Automotive Inc and Tesla Motors Inc as well as established manufacturers Ford Motor Co and Nissan Motor Co.

VPG fully drew down its $50 million DOE loan with the final payment coming in September 2011. The company built and sold more than 2,000 vehicles and had a backlog of orders.

In April, the DOE seized nearly $5 million from VPG. VPG and the DOE are now seeking a buyer for the company.

Despite the order backlog, the company faced serious constraints on its cash. John Walsh, VPG's former chief executive, told USA Today that the company laid off about 100 staff in February.

Walsh told the newspaper that the company did not have an adequate dealer network to sell its MV-1 vans. He added that the company stopped operations after the DOE froze its assets.

The news comes at a time of increased doubts about green car startups. For example, Fisker hired bankruptcy advisers and is seeking a buyer as it struggles to repay nearly $200 million in DOE loans. The department took $21 million from Fisker on April 11.

One exception is Tesla, which is backed by a $465 million DOE loan. The company is expected to report its first-ever quarterly profit later on Wednesday.

A number listed online for VPG's media contact was disconnected. Calls to the company's main line during normal business hours were greeted with an after-hours message.

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UPDATE 3-Former Enron CEO Skilling in deal to cut prison term

Wed May 8, 2013 6:33pm EDT

  * Skilling, U.S. to recommend 14 to 17-1/2 year term      * Prison term can be shortened for good behavior      * Skilling has been serving 24-year term     (Adds background on Enron collapse, trial details)      By Jonathan Stempel      May 8 (Reuters) - Jeffrey Skilling, the former Enron Corp  chief executive, could be freed from prison nearly a decade  sooner than originally expected, under an agreement with federal  prosecutors to end the last major legal battle over one of the  biggest corporate frauds in U.S. history.      The agreement calls for Skilling to see his federal prison  sentence reduced to as little as 14 years, down from the 24  years imposed in 2006. It could result in Skilling's freedom in  late 2018, with good behavior.      In exchange, Skilling, 59, who has long maintained his  innocence, agreed to stop appealing his conviction. The  agreement would also allow more than $40 million seized from him  to be freed up for distribution to Enron fraud victims.      A resentencing became necessary after a federal appeals  court upheld Skilling's conviction but found the original  sentence too harsh.      Once ranked seventh on the Fortune 500 list of large U.S.  companies, Enron went bankrupt on Dec. 2, 2001 in an accounting  scandal that remains one of the largest and most infamous U.S.  corporate meltdowns.      Thousands of workers lost their jobs and retirement savings,  and images were beamed around the globe of staff carrying  possessions out of Enron's downtown Houston office tower, past  the company's "crooked E" logo.      Wednesday's agreement, which is subject to court approval,  recommends that Skilling be resentenced to between 14 and 17-1/2  years in prison, including time already spent there. Skilling  has been in prison since December 2006.      "The proposed agreement brings certainty and finality to a  long painful process," Skilling's lawyer Daniel Petrocelli said  in a statement. "Although the recommended sentence for Jeff  would still be more than double any other Enron defendant, all  of whom have long been out of prison, Jeff will at least have  the chance to get back a meaningful part of his life."            "NOTORIOUS" FRAUD      Skilling had worked for Enron for two decades and was chief  executive for six months, leaving the company fewer than four  months before its bankruptcy.      A Houston federal jury in May 2006 convicted him on 19  counts of securities fraud, conspiracy, insider trading and  lying to auditors.      In imposing the 24-year sentence, U.S. District Judge Sim  Lake in Houston said Skilling had through his crimes "imposed on  hundreds, if not thousands of people a lifetime of poverty."      Skilling's sentence is the longest imposed over Enron's  collapse, which also led to the demise of the company's  accounting firm Arthur Andersen.      The 5th U.S. Circuit Court of Appeals ordered a resentencing  in 2009, but this was delayed as Skilling tried unsuccessfully  to persuade appellate courts, including the U.S. Supreme Court,  to overturn his conviction.      Lake is now scheduled to resentence Skilling on June 21.      U.S. Department of Justice spokesman Peter Carr said the  sentencing agreement "ensures that Mr. Skilling will be  appropriately punished for his crimes and that victims will  finally receive the restitution they deserve. Mr. Skilling will  no longer be permitted to challenge his conviction for one of  the most notorious frauds in American history."            ACCOUNTING SCANDAL      Along with WorldCom Inc and Adelphia Communications Corp,  Enron was at the center of a series of corporate accounting  scandals that led to reforms including the federal  Sarbanes-Oxley Act of 2002.      At the 2006 trial, the Houston jury also found Kenneth Lay,  who preceded and followed Skilling as Enron's chief executive,  guilty of fraud and conspiracy. Lay died in July 2006, and his  death led to his conviction being thrown out.      Former Chief Financial Officer Andrew Fastow, considered the  mastermind of Enron's fraud, testified against Skilling and Lay  and was sentenced to six years in prison.      Fastow was released in December 2011. He declined to comment  on Wednesday.      Another former top Enron executive and Skilling confidant,  Cliff Baxter, committed suicide less than two months after the  company's bankruptcy.      Skilling is being held at a low-security prison for men in  Littleton, Colorado, and according to federal prison records  could be freed in February 2028.      Federal prisoners like Skilling are expected to serve at  least 85 percent of their sentences.      In 2010, the Supreme Court did not overturn Skilling's  conviction, but called it into question in concluding that the  government relied on an overbroad interpretation of a law making  it illegal for someone to deprive others of "honest services."      The next year, however, the 5th Circuit reaffirmed the  conviction.      At his October 2006 sentencing, Skilling blamed Enron's  demise on a credit and liquidity crunch. "The company did not  have enough dry powder to deal with it," he said.      The case is U.S. v. Skilling, U.S. District Court, Southern  District of Texas, No. 04-cr-00025.     (Reporting by Jonathan Stempel in New York; Additional  reporting by Dena Aubin in New York, and David Ingram and Aruna  Viswanatha in Washington, D.C.; Editing by Gerald E. McCormick,  Chris Reese and Sofina Mirza-Reid)  
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Spain's Realia to convert loans into shares to restructure debt

Written By Unknown on Rabu, 08 Mei 2013 | 16.47

MADRID | Wed May 8, 2013 2:45am EDT

MADRID May 8 (Reuters) - Spanish property firm Realia said on Wednesday it had agreed to convert a 115 million euro ($150 million) loan into shares as part of a plan to restructure debt and avoid insolvency proceedings.

Following the agreement, Spain's bad bank Sareb will control 8.9 percent of the property firm, while shareholder FCC will cut its stake to 33.6 percent from 50 percent. ($1 = 0.7642 euros) (Reporting By Tracy Rucinski; Editing by Fiona Ortiz)


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CORRECTED-Spain's Realia to convert loans into shares to restructure debt

Wed May 8, 2013 3:10am EDT

MADRID May 8 (Reuters) - Spanish property firm Realia said on Wednesday it had agreed to convert a 115 million euro ($150 million) loan into shares as part of a plan to restructure debt and avoid insolvency proceedings.

Following the agreement, Spain's bad bank Sareb will control 8.9 percent of the property firm, while shareholder FCC will increase its stake to 33.6 percent. ($1 = 0.7642 euros) (Reporting By Tracy Rucinski; Editing by David Cowell)


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UPDATE 1-Spain's Realia takes steps on debt restructuring

Wed May 8, 2013 4:44am EDT

* Agrees to convert a 115 million euro loan into shares

* Deal gives bad bank Sareb an 8.9 percent stake

* Firm must restructure $1 billion of debt by end-May

* Shares surge 41 percent (Adds price, Q1 results and shares)

MADRID, May 8 (Reuters) - Spanish property firm Realia agreed to convert a 115 million euro ($150 million) loan into shares as part of a plan to restructure debt and avoid insolvency, sending its stock sharply higher.

Realia, controlled by Spanish builder FCC and nationalised lender BFA-Bankia, was hit hard by a property crash. It has until the end of May to agree on restructuring terms for some 847 million euros ($1.1 billion) of debt.

Under a plan agreed on Wednesday, Realia may convert the loan, originally made by Bankia, into shares at a value of 1.92 euros each in a deal that would give Spain's bad bank Sareb an 8.9 percent stake in the property firm.

FCC's stake in Realia, which also reported a first-quarter net loss of 10.7 million euros on Wednesday, will rise to 33.6 percent from 30 percent currently as part of the deal, while BFA's 27 percent stake will fall.

Shares in Realia, which have lost a third of their value since the start of the year, surged 41 percent to 0.71 euros.

FCC, also under pressure to cut debt, is trying to sell around 2.2 billion euros of assets including Realia, while nationalised Bankia has also said it planned to sell its stake.

Realia's net debt was 2.2 billion euros at the of March. ($1 = 0.7642 euros) (Reporting By Tomas Cobos and Tracy Rucinski; Editing by Erica Billingham)

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UPDATE 1-Ally Financial unit ResCap's CEO resigns

Written By Unknown on Selasa, 07 Mei 2013 | 16.47

Mon May 6, 2013 10:06am EDT

* Marano headed mortgage department at Bear Stearns

* Marano has previously worked for Cerberus Capital

* ResCap filed for bankruptcy in May 2012

May 6 (Reuters) - Residential Capital LLC Chief Executive Thomas Marano has resigned as the mortgage subsidiary of auto lender Ally Financial Inc works its way out of bankruptcy.

Marano, who joined ResCap in 2008, will remain as a member of the board.

Marano spent more than 25 years at now-defunct investment bank Bear Stearns & Co, where he was the global head of mortgage and asset-backed securities. Marano was managing director at Cerberus Capital Management before moving to ResCap.

ResCap filed for bankruptcy in May 2012 to protect its parent from mortgage liabilities that threatened to swamp the company. Ally is 74 percent-owned by the U.S. government after a series of bailouts.

Marano resignation comes at a time when creditors are awaiting a report from a court-appointed examiner, Arthur Gonzalez, about ResCap's relationship with Ally.

Warren Buffett's Berkshire Hathaway Inc , a ResCap creditor, asked the judge overseeing the ResCap bankruptcy for an investigation of what it called "potentially improper" pre-bankruptcy transactions between ResCap and Ally.

Gonzalez's report could provide leverage to creditors who want to hang a large portion of ResCap's liabilities of up to $25 billion on Ally.

Ally has offered $750 million to ResCap's estate in return for a release from liability.

Separately, ResCap late on Friday filed a complaint with the bankruptcy court seeking a declaration that its junior secured noteholders do not have a right to interest payments on their debt that accrued after ResCap filed for bankruptcy.

If ResCap succeeds, it could cut payments to holders of the junior secured notes by hundreds of millions of dollars, according to the court documents.

The ResCap bankruptcy case is In Re: Residential Capital LLC, U.S. Bankruptcy Court, Southern District of New York, No. 12-12020.

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Boutique investment bank Ledgemont seeks Chapter 7 bankruptcy

Mon May 6, 2013 11:50am EDT

May 6 (Reuters) - Ledgemont Capital Group LLC, a boutique investment bank, filed for Chapter 7 bankruptcy to liquidate its assets, which it estimated at between $10 million and $50 million, according to court documents.

New York-based Ledgemont was a joint underwriter, along with Russian investment bank Renaissance Capital, of a scuttled, $460 million initial public offering by FriendFinder Networks Inc that was originally planned for 2008.

FriendFinder Networks, which publishes the adult magazine Penthouse, eventually went public in 2011 after it named Imperial Capital and Ladenburg Thalmann & Co as its underwriters.

Ledgemont was founded by Keith Barksdale, who had been with Donaldson, Lufkin & Jenrette, and Edward Neugeboren, formerly of Lehman Brothers, according to the firm's website.

Ledgemont also employed Kerry Kittles, a former college basketball star at Villanova University who played several years with the New Jersey Nets and Los Angeles Clippers in the National Basketball Association.

In a Chapter 7 bankruptcy, a trustee is appointed to oversee the sale of a company's assets to raise money to repay creditors.

Ledgemont said it had between $1 million and $10 million of liabilities, according to documents filed with the U.S. Bankruptcy Court in Wilmington, Delaware, on Friday.

The case is Ledgemont Capital Group LLC, U.S. Bankruptcy Court, District of Delaware, No. 13-11196

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Brazil wants shareholders to pay for rescue of troubled banks

Mon May 6, 2013 1:59pm EDT

* Central bank finishing details of new banking legislation

* Bill aims to avoid massive bailouts of United States and Europe

By Alonso Soto

BRASILIA, May 6 (Reuters) - The Brazilian government, concerned about systemic risk in the rapid growth of banking assets, will propose legislation to make shareholders, bondholders and depositors pay for rescuing troubled banks and shield taxpayers from the cost of bailouts.

Central Bank President Alexandre Tombini told a banking seminar on Monday that the legislation aims to mitigate "moral hazard" by forcing banks to assume full responsibility for their losses in what is known as a "bail-in." It was applied in Cyprus to stop a run on the banks and Canada is also considering rules to deal with potential bank failures.

In the case of Brazil, the proposed bill underscores mounting unease among regulators with the rapid pace of growth of banking assets in Latin America's largest economy in recent years. Some banks might be "too big too fail" in Brazil, and the need to discourage irresponsible behavior could be higher now than before as state-run lenders expand their balance sheets three times the pace of their private-sector peers.

The proposed legislation still has to be reviewed by several cabinet ministries before being sent to Congress.

Tombini said that while Brazil's banks are solid and currently have the necessary capital to pay for credit-related losses, the legislation would call for large, uninsured depositors to help bolster the capital of ailing banks.

"One key goal here is to ensure financial stability and mitigate any negative externalities stemming from a credit event on the real economy, making sure the infrastructure of the financial system continues to function," Tombini said.

In recent months, loan delinquencies in Brazil have fallen from record highs after year-long approach by private banks such as Itaú Unibanco Holding SA and Banco Bradesco SA to avoid riskier loans. On the other hand, state-owned banks like Banco do Brasil SA and Caixa Economica Federal have raised lending to help President Dilma Rousseff's administration improve a slow economic recovery.

The discussion about "bail-in" measures comes after governments in Europe and the United States rescued dozens of troubled banks with taxpayers' money in the aftermath of the global financial crisis of 2008. Critics said those banks should have been held more accountable for their risky business.

The European Union is also discussing proposals for shareholders and some depositors to take on losses of failed banks, following decisions in Cyprus for depositors to take losses in return for an international bailout.

Some economists have said that bail-in schemes could lead depositors to stay away from the financial system or simply deal with the safest institutions, shunning small banks and hampering competition.

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RPT-UPDATE 2-Illinois House passes sweeping pension fix in close vote

Written By Unknown on Senin, 06 Mei 2013 | 16.47

Fri May 3, 2013 12:28pm EDT

By JoAnne von Alroth

SPRINGFIELD, Ill., May 2, (Reuters) - The Illinois House of Representatives in a 62 to 51 vote on Thursday passed a comprehensive bill aimed at addressing the nation's most under funded state pension plan, a major step after weeks of legislative maneuvering had made pensions the dominant political issue in the financially strapped state.

The bill, introduced only two days ago by the powerful Democratic House Speaker Michael Madigan, now goes to the state Senate. That chamber's president is preparing a competing plan that is viewed as more favorable to the state's public-employee labor unions.

The Madigan bill, which is designed to eliminate a $96.8 billion funding shortfall over 30 years, relies on changes to retirement benefits that unions say are a violation of the state constitution. Union leaders have said they will challenge the measure in court if it becomes law, and Madigan acknowledged during floor debate Thursday that implementation likely would not move forward until courts rule on the constitutional issue.

"In my judgment, this is a critical action that must be taken now. Must be taken for future budget making. Must be taken for the fiscal well-being and reputation of the state of Illinois," Madigan said during a floor debate prior to the bill's passage. Madigan won the votes of two-thirds of the Democrats, with 40 of them voting for it and 28 against, while Republicans split nearly evenly, 22 for and 23 against.

No actuarial analysis of Madigan's measure has yet emerged, but the speaker said it would fully fund the pension system by 2044 and reduce the state's pension payment by $1.5 billion in fiscal 2015.

Several law makers acknowledged struggling with how to cast their vote. "This state is in crisis," said Republican State Representative Dwight Kay. "What we're doing today is not an easy move."

The measure now moves to the state's upper chamber, where Senate President John Cullerton, a Democrat, is circulating a union-backed plan. Cullerton has not yet released details of the new plan, which he described as being "credible and constitutional" after emerging from a closed-door meeting with union leaders on Wednesday.

A spokeswoman for Cullerton said the Senate President plans to discuss both measures with his Democratic caucus on Tuesday. Still, Madigan was optimistic his plan would pass the Senate.

"We've taken that first step in the House. My expectation is that the Senate will approve this bill," Madigan told reporters after the vote.

The state's constitution prohibits any diminishment of benefits to current and retired workers, and Cullerton has stated he believes the union plan will meet any constitutional test. Cullerton previously said he does not believe Madigan's plan can survive a constitutional challenge.

The Senate's Republican Leader Christine Radogno said "a significant number" of lawmakers from her caucus were expected to support Madigan's bill.

Madigan's measure affects four of the state's five pension funds. The speaker said the bill exempts the judges' pension fund to eliminate conflicts of interest for judges who would hear likely legal challenges to the bill should it become law.

The Madigan measure sets a cap on salaries used to determine pensions, limits cost-of living adjustments on pensions for future retirees, increases retirement ages and hikes worker pension contributions. It introduces changes to calculating the state's annual pension contributions that are designed to come closer to the actual future cost, and also exempts pension changes from collective bargaining.

After the vote, a coalition of public labor unions blasted the bill as being unfair to workers who have paid into their pension funds while the state has skipped or skimped on its payments.

"On top of that, it is blatantly unconstitutional and thus saves nothing. It simply exacerbates Illinois' fiscal problems," said a statement from We Are One Illinois. The group added that it was continuing talks with Cullerton.

Illinois lawmakers, who are in the final weeks of their spring legislative session, are under pressure to deal with the worst-funded state pension system. Pension payments are squeezing out funding for core services, while the state's backlog of overdue bills has topped $9 billion.

Credit rating agencies, meanwhile have downgraded Illinois' debt rating to the lowest level among states, and a government watchdog group has reported that pension payments along with debt service on outstanding pension bonds will amount to almost 25 percent of the state's upcoming general fund budget.

Madigan's bill contains elements similar to those in another comprehensive bill that failed to pass out of the Senate in March.

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