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Protecting Detroit pensions may violate bankruptcy code -judge

Written By Unknown on Rabu, 23 Oktober 2013 | 16.47

By Joseph Lichterman

DETROIT | Mon Oct 21, 2013 7:36pm EDT

DETROIT Oct 21 (Reuters) - The federal judge overseeing Detroit's bankruptcy filing called the city's pension funds "unsecured creditors" and stated that any special protections for them would violate federal bankruptcy law.

The statement by U.S. Bankruptcy Judge Steven Rhodes, in an exchange with an attorney representing Detroit's two pension funds, came in the closing session of a three-day hearing examining legal issues in the bankruptcy case.

The judge will hold a trial, starting Wednesday, to determine if Detroit is eligible for protection under Chapter 9 of the U.S. Bankruptcy Code while it tries to restructure $18.5 billion in debt and other liabilities including pension funds the city says are underfunded by $3.5 billion. The city filed the largest municipal bankruptcy in U.S. history on July 18.

Robert Gordon, the pension funds' attorney, argued that the city should not be eligible for bankruptcy protection because Michigan's constitution protects pensions from impairment and the city did stipulate in its filing that pensions could not be cut.

Rhodes said the U.S. Bankruptcy Code would not afford special protection to pensions because, "It gives a priority to one unsecured creditor over all the others. Or one group of unsecured creditors, over all the others."

Rhodes did not issue an opinion on the pension matter, but he did pose tough questions to attorneys representing Detroit's unions, retirees and pension funds as they disputed the legal arguments the city's attorneys made last week.

At the trial beginning Wednesday, the city must show it is insolvent and negotiated in good faith with its creditors.

Detroit's other creditors would not tolerate special treatment for the pension funds, said Bruce Bennett, the city's lawyer. He added that conversely, unions and others opposing cuts in pension benefits would object if bondholders got preferential treatment.

Bennett also argued that the federal bankruptcy court can impair contracts and pensions despite state constitutional protections.

"You can say pensions cannot be impaired, but the reality is, at the end of the day, there isn't enough money to pay them," Bennett said.

Rhodes is expected to make a formal ruling on the question after the eligibility trial is completed.

EMERGENCY MANAGER LAW

Rhodes also said he wants to hear arguments during the trial later this week on why a spending provision was added to Michigan's emergency manager law.

The state emergency manager law, Public Act 436, was passed last December by a lame-duck session of the state legislature. It was passed after voters last November repealed a 2011 overhaul of the emergency law that had given managers more power over municipal finances.

Lynn Brimer, an attorney representing the Retired Detroit Police Members Association, argued that the legislature added the spending provision to prevent the law from being subject to another voter referendum because Michigan law prohibits referendums on laws that include an appropriation.

But the state said the appropriation was added to the bill to pay for the costs associated with the law.

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PRESS DIGEST- British Business - Oct 22

Mon Oct 21, 2013 9:40pm EDT

Oct 22 (Reuters) - The following are the top stories on the business pages of British newspapers. Reuters has not verified these stories and does not vouch for their accuracy.

The Telegraph

CITY WORKERS FACE INVESTIGATION OVER LIBOR 'FIXING'

22 City workers face being investigated in relation to the alleged conspiracy to fix the Libor interest rate. Southwark Crown Court heard that the Serious Fraud Office has written to the individuals to tell them they may be investigated and could face criminal charges. ()

RBS SHARES TUMBLE ON BREAK-UP PLANS

Royal Bank of Scotland shares tumbled more than 5 percent on news that Britain's Chancellor of the Exchequer plans to break the state-backed lender into a "good bank" and a "bad bank" within weeks, and on fears of costly fines by the U.S. authorities. ()

CO-OP COULD BANK FUTURE PAYDAY FROM 30 PCT STAKE

Forced into a corner by no-nonsense vulture funds, the Co-op has lost control of its lender. Once the crippled Co-op Bank is rescued, a group of seven hedge funds will own more than the 30 percent stake held by the country's favourite mutual. ()

HEATHROW: WE ARE NOT 'RIPPING OFF' AIRLINES AND PASSENGERS

Heathrow has insisted it is "not trying to rip anybody off" as it announced a near 11 percent increase in revenue in the wake of a controversy over its landing charges. ()

The Guardian

DAVID CAMERON HAILS NUCLEAR POWER PLANT DEAL AS BIG DAY FOR BRITAIN

David Cameron has hailed the UK government agreement with French-owned EDF to build the first new British nuclear power station in 20 years, saying it was a very big day for Britain and would kick-start a new generation of nuclear power in the UK. ()

MERLIN ENTERTAINMENTS TO FLOAT ON LONDON STOCK EXCHANGE

Merlin Entertainments is planning to float on the London Stock Exchange in a move that could value it at about 3 billion pounds. The private-equity backed owner of Alton Towers and Madame Tussauds said it would offer at least 20 percent of the company to institutional and private investors, using 200 million pounds. ()

NPOWER BECOMES LATEST MAJOR ENERGY SUPPLIER TO ANNOUNCE PRICE RISES

The storm over rising energy prices intensified on Monday when Npower became the third major supplier to announce inflation-busting rises and told customers to use less energy if they wanted lower bills. ()

The Times

BUFFETT BLOW TO TESCO AS HE CUTS STAKE

Warren Buffett has reduced his interest in Tesco by 300 million pounds ($484.75 million). Berkshire Hathaway , the American billionaire investor's vehicle, has reduced its holding from 4.98 percent to 3.98 percent, stock market filings show. ()

The Independent

LLOYDS TO LOSE 57 MLN STG AFTER TENON COLLAPSE

Lloyds Banking Group looks set to lose out on 57 million pounds following the collapse of the accountancy firm RSM Tenon in August. ()

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Court to decide if Detroit really is broke

By Joseph Lichterman

DETROIT | Wed Oct 23, 2013 12:59am EDT

DETROIT Oct 23 (Reuters) - In a federal court building in downtown Detroit, beginning on Wednesday morning, the largest municipal bankruptcy filing in U.S. history comes down to a single question: Is Detroit bankrupt?

Federal bankruptcy judge Steven Rhodes will begin hearing arguments on the crucial issue of whether Detroit is eligible to restructure its debts and liabilities under Chapter 9 of the U.S. Bankruptcy Code that applies to municipalities.

The hearings will pit retirees, pension funds and unions trying to preserve retirement payments to city workers against Detroit's state-appointed emergency manager, charged with righting the city's finances.

Detroit clearly is struggling. More than one-third of its residents live below the government poverty line. There are some 78,000 abandoned structures and just 40 percent of the street lights work. Detroit's population has shrunk to less than 700,000, from a peak of 1.8 million in 1950, and only 53 percent of property owners paid their 2011 property taxes.

But such troubles do not necessarily amount to bankruptcy under federal law. And in the multi-day hearing that opens at the Theodore Levin U.S. Courthouse, Detroit's attorneys will need to prove that Detroit meets the legal requirements for Chapter 9 bankruptcy protection.

City lawyers are expected to tick off arguments meant to meet that standard: Detroit had proper authorization to file the case, it is financially insolvent, it negotiated in good faith with its creditors or had so many creditors that such negotiations were not feasible, and it requires bankruptcy protection in order to deal with $18 billion in debt and other liabilities.

Many bankruptcy experts say Rhodes is likely to find Detroit eligible, though his ultimate ruling is hardly a foregone conclusion. "Chapter 9 is never routine," said Juliet M. Moringiello, a law professor at Widener Law School in Harrisburg, Pennsylvania, who has followed proceedings in the Detroit case.

The city filed the case on July 18, and it said about half of its liabilities stem from retirement benefits, including $5.7 billion for healthcare and other obligations, and $3.5 billion involving pensions. How the city restructures its debt may set precedents for other struggling municipalities, bankruptcy experts said.

"We'll see other Chapter 9s," said Kenneth Klee of Klee, Tuchin, Bogdanoff & Stern in Los Angeles, who is representing Jefferson County, Alabama in its Chapter 9 case. "The pension problem is one that will require resolution, and with the labor relations being strained in parts of the country and some politicians not able to say no to employees and retirees, I expect there will be other chapter 9s to be filed."

On Monday, attorneys wrapped up a three-day hearing on legal authority issues surrounding the bankruptcy as objectors argued that Chapter 9 is unconstitutional and that Michigan's constitution protects pensions from being slashed.

"It's one of those moments that I think that we will look back on and say 'This is where Chapter 9 changed,'" attorney Barbette Ceccoti told the court on Monday on behalf of the United Auto Workers union, which represents some city workers.

Moringiello said parties tend to object to bankruptcy filings because they think they can do better under state law, and she said if Rhodes does not grant eligibility the creditors likely will try to get a state court to force the city to pay its debts.

"Those are not terribly effective remedies," she said. "You don't have the same remedies you have against a private debtor."

OBJECTIONS

Detroit's unions, pension funds and retirees have all filed objections to the bankruptcy, and will argue that the city is not eligible for court protection.

They have submitted a number of arguments, including that the city did not appropriately negotiate with its creditors because Detroit's emergency manager, Kevyn Orr, only held informational meetings, not formal negotiating sessions, before filing for bankruptcy.

Objectors also are expected to contend that Detroit is not insolvent. It has assets like its water and sewer system or the works of the Detroit Institute of Arts that it can monetize.

"There are only so many things they can fight about," said John Pottow, a University of Michigan professor who specializes in bankruptcy law. "They can fight about the solvency and they can fight about the negotiating in good faith. It probably won't take too long to have a trial, but it's a big stakes thing."

Attorneys on both sides will present evidence and call witnesses before Rhodes. The city plans to call five witnesses, including Orr and Detroit Police Chief James Craig, said Geoffrey Irwin, a lawyer with Jones Day representing the city.

The objectors said they have not finalized their witness list. But they have said they could call up to 15 or so witnesses, including Michigan Governor Rick Snyder, who was subpoenaed by the UAW.

Rhodes has scheduled 10 days of hearings over the next three weeks for all sides to present their arguments, but attorneys have indicated the arguments could wrap up as early as next week. It is not clear how soon Rhodes could rule on eligibility.

Throughout the case, Rhodes has been committed to expediting the process and encouraging the parties to negotiate with one another. Rhodes appointed Chief District Judge Gerald Rosen as chief mediator, and he's leading a team of five additional mediators to help the process along.

"He is finding ways to take control of this case to keep it on schedule, in ways people didn't necessarily think were possible in a Chapter 9, in ways that aren't necessarily written into the statute," said Melissa B. Jacoby, a professor and bankruptcy expert at the University of North Carolina School of Law.

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Florida mom Casey Anthony reaches settlement with searchers for her 2-year-old

Written By Unknown on Selasa, 22 Oktober 2013 | 16.47

By Barbara Liston

ORLANDO, Fla. | Mon Oct 21, 2013 3:26pm EDT

ORLANDO, Fla. Oct 21 (Reuters) - Casey Anthony, the Florida mother acquitted in the 2008 killing of her 2-year-old daughter, has reached a settlement with a search and rescue organization that spent $100,000 looking for her missing daughter, the group's lawyer said on Monday.

Anthony was acquitted in 2011 of the murder of her daughter, Caylee, in a trial broadcast live nationwide. She was found guilty of lying to investigators when she told them Caylee had been kidnapped and prompted a nationwide search for the girl.

The toddler's duct-taped body was found six months after her death and disappearance, dumped in the woods near Anthony's home.

Texas EquuSearch, which claimed it drained its coffers and brought in "countless" volunteers in a massive search for Caylee, sued after Anthony's lawyer told jurors in his opening statement during the trial that Caylee drowned in the family's backyard pool, and that Anthony knew she was not missing.

Texas EquuSearch lawyer Marc Wites said the organization decided against taking the case to trial. Anthony, 26, filed for bankruptcy in January, claiming she has just over a $1,000 in assets and nearly $800,000 in debt, according to a court filing.

Under the settlement, Anthony will not object to Texas EquuSearch being named as a $75,000 creditor in her bankruptcy case, and Texas EquuSearch will not object to Anthony's bankruptcy petition for discharge.

Anthony's most valuable asset is considered to be the rights to her life story.

Bankruptcy trustee Stephen Meininger wanted her creditors to benefit from her story, but Anthony's lawyers objected, raising constitutional and other issues.

Wites said he does not know whether Texas EquuSearch will receive any money through the bankruptcy court.

"Texas EquuSearch's mission and purpose is to help families and individuals to find their missing loved ones," he said. "That's the reason they helped the Anthony family in the first place. While they were searching for Caylee, they got calls from other families for help and had to turn them away."

Anthony still faces defamation lawsuits by a meter reader who found Caylee's body, and by Zenaida Gonzalez who sued after Anthony told investigators Caylee was kidnapped by a woman with a similar name and description. (Editing by Kevin Gray and Jackie Frank)

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Protecting Detroit pensions may violate bankruptcy code -judge

By Joseph Lichterman

DETROIT | Mon Oct 21, 2013 7:36pm EDT

DETROIT Oct 21 (Reuters) - The federal judge overseeing Detroit's bankruptcy filing called the city's pension funds "unsecured creditors" and stated that any special protections for them would violate federal bankruptcy law.

The statement by U.S. Bankruptcy Judge Steven Rhodes, in an exchange with an attorney representing Detroit's two pension funds, came in the closing session of a three-day hearing examining legal issues in the bankruptcy case.

The judge will hold a trial, starting Wednesday, to determine if Detroit is eligible for protection under Chapter 9 of the U.S. Bankruptcy Code while it tries to restructure $18.5 billion in debt and other liabilities including pension funds the city says are underfunded by $3.5 billion. The city filed the largest municipal bankruptcy in U.S. history on July 18.

Robert Gordon, the pension funds' attorney, argued that the city should not be eligible for bankruptcy protection because Michigan's constitution protects pensions from impairment and the city did stipulate in its filing that pensions could not be cut.

Rhodes said the U.S. Bankruptcy Code would not afford special protection to pensions because, "It gives a priority to one unsecured creditor over all the others. Or one group of unsecured creditors, over all the others."

Rhodes did not issue an opinion on the pension matter, but he did pose tough questions to attorneys representing Detroit's unions, retirees and pension funds as they disputed the legal arguments the city's attorneys made last week.

At the trial beginning Wednesday, the city must show it is insolvent and negotiated in good faith with its creditors.

Detroit's other creditors would not tolerate special treatment for the pension funds, said Bruce Bennett, the city's lawyer. He added that conversely, unions and others opposing cuts in pension benefits would object if bondholders got preferential treatment.

Bennett also argued that the federal bankruptcy court can impair contracts and pensions despite state constitutional protections.

"You can say pensions cannot be impaired, but the reality is, at the end of the day, there isn't enough money to pay them," Bennett said.

Rhodes is expected to make a formal ruling on the question after the eligibility trial is completed.

EMERGENCY MANAGER LAW

Rhodes also said he wants to hear arguments during the trial later this week on why a spending provision was added to Michigan's emergency manager law.

The state emergency manager law, Public Act 436, was passed last December by a lame-duck session of the state legislature. It was passed after voters last November repealed a 2011 overhaul of the emergency law that had given managers more power over municipal finances.

Lynn Brimer, an attorney representing the Retired Detroit Police Members Association, argued that the legislature added the spending provision to prevent the law from being subject to another voter referendum because Michigan law prohibits referendums on laws that include an appropriation.

But the state said the appropriation was added to the bill to pay for the costs associated with the law.

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PRESS DIGEST- British Business - Oct 22

Mon Oct 21, 2013 9:40pm EDT

Oct 22 (Reuters) - The following are the top stories on the business pages of British newspapers. Reuters has not verified these stories and does not vouch for their accuracy.

The Telegraph

CITY WORKERS FACE INVESTIGATION OVER LIBOR 'FIXING'

22 City workers face being investigated in relation to the alleged conspiracy to fix the Libor interest rate. Southwark Crown Court heard that the Serious Fraud Office has written to the individuals to tell them they may be investigated and could face criminal charges. ()

RBS SHARES TUMBLE ON BREAK-UP PLANS

Royal Bank of Scotland shares tumbled more than 5 percent on news that Britain's Chancellor of the Exchequer plans to break the state-backed lender into a "good bank" and a "bad bank" within weeks, and on fears of costly fines by the U.S. authorities. ()

CO-OP COULD BANK FUTURE PAYDAY FROM 30 PCT STAKE

Forced into a corner by no-nonsense vulture funds, the Co-op has lost control of its lender. Once the crippled Co-op Bank is rescued, a group of seven hedge funds will own more than the 30 percent stake held by the country's favourite mutual. ()

HEATHROW: WE ARE NOT 'RIPPING OFF' AIRLINES AND PASSENGERS

Heathrow has insisted it is "not trying to rip anybody off" as it announced a near 11 percent increase in revenue in the wake of a controversy over its landing charges. ()

The Guardian

DAVID CAMERON HAILS NUCLEAR POWER PLANT DEAL AS BIG DAY FOR BRITAIN

David Cameron has hailed the UK government agreement with French-owned EDF to build the first new British nuclear power station in 20 years, saying it was a very big day for Britain and would kick-start a new generation of nuclear power in the UK. ()

MERLIN ENTERTAINMENTS TO FLOAT ON LONDON STOCK EXCHANGE

Merlin Entertainments is planning to float on the London Stock Exchange in a move that could value it at about 3 billion pounds. The private-equity backed owner of Alton Towers and Madame Tussauds said it would offer at least 20 percent of the company to institutional and private investors, using 200 million pounds. ()

NPOWER BECOMES LATEST MAJOR ENERGY SUPPLIER TO ANNOUNCE PRICE RISES

The storm over rising energy prices intensified on Monday when Npower became the third major supplier to announce inflation-busting rises and told customers to use less energy if they wanted lower bills. ()

The Times

BUFFETT BLOW TO TESCO AS HE CUTS STAKE

Warren Buffett has reduced his interest in Tesco by 300 million pounds ($484.75 million). Berkshire Hathaway , the American billionaire investor's vehicle, has reduced its holding from 4.98 percent to 3.98 percent, stock market filings show. ()

The Independent

LLOYDS TO LOSE 57 MLN STG AFTER TENON COLLAPSE

Lloyds Banking Group looks set to lose out on 57 million pounds following the collapse of the accountancy firm RSM Tenon in August. ()

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European official calls for bank bail-in from 2016-magazine

Written By Unknown on Senin, 21 Oktober 2013 | 16.47

FRANKFURT | Sun Oct 20, 2013 6:38am EDT

FRANKFURT Oct 20 (Reuters) - The head of the Eurogroup Working Group has proposed an earlier start of 'bail-in' arrangements which force bondholders to share losses in a bank failure, in a bid to win over German concerns over creating a banking union, a magazine reported.

Thomas Wiesner suggested to the group of European negotiators that 'bail-in' rules should come into effect from 2016, German weekly Der Spiegel reported on Sunday.

His proposal was received well at the meeting, the magazine said.

The 'bail-in' rules, which are due to come into effect in 2018, are part of euro zone plans to unify and strengthen the supervision and support of banks across the bloc, known as banking union.

European governments, which bailed out dozens of banks with billions of euros of state aid after the financial crisis, want to avoid costly future rescues.

The acceleration of the plans could help persuade Germany, which has called for a 2015 deadline, to agree to a European bank resolution scheme - the second pillar of the banking union, the magazine reported.

Berlin does not want a new agency in Brussels or elsewhere which has powers to overrule its own national authorities on the issue of whether to save or close an ailing bank.

It also opposes any fund that requires it to pick up part of the bill if, for example, a bank in Spain ran aground.

According to a separate media report, Mario Draghi, European Central Bank head, wrote to the European Commission last month asking that bondholders be spared any losses in the event of a bank rescue until a Europe-wide banking union is fully operational.

The Eurogroup Working Group comprises mainly deputy finance ministers and senior treasury officials. It helps prepare the discussions of the Eurogroup, a meeting of finance ministers of countries whose currency is the euro.

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UPDATE 1-Draghi asked EU to keep state aid rules for banks flexible

Sat Oct 19, 2013 2:26pm EDT

MILAN Oct 19 (Reuters) - Banks that are still viable but need state aid to boost their capital base should be allowed to receive help without inflicting losses on their junior bondholders, European Central Bank President Mario Draghi told the European Commission.

In a July 30 letter addressed to EU Competition Commissioner Joaquin Almunia, Draghi said imposing losses on junior creditors in the context of such "precautionary recapitalisations" could hurt subordinated bank bonds.

"By structurally impairing the subordinated debt market, it could lead to a flight of investors out of the European banking market, which would further hamper banks' funding going forward," Draghi said in the letter seen by Reuters.

New EU rules on state aid to struggling banks came into force in Aug. 1 after a major overhaul agreed the previous month with the aim of shifting the burden of restructuring a lender from taxpayers onto shareholders and holders of junior debt.

However, "the revised guidelines also foresee exceptions, which would be applicable for financial stability reasons and on a case-by-case basis", a Commission spokesman said in an emailed note on Saturday.

The spokesman said the Commission had worked closely with the ECB after receiving Draghi's letter and following the entry into force of the new rules "to identify in advance any potential challenges and solutions in implementing the burden sharing rules".

The new EU rules address public outrage at the use of state funds to prop up ailing banks during the financial crisis.

Draghi said in the letter mandatory burden-sharing with shareholders and junior bondholders was warranted when a bank was on the brink of collapse or its capital had fallen below the minimum regulatory threshold.

There could be cases, however, when a bank had a viable business model and its capital was above the minimum threshold, but its supervisor still required it to raise additional funds.

In such cases, if the bank could not raise the capital needed in the market quickly enough, the ECB said state aid should be possible without junior bondholder getting hit first.

The letter also said incentives should be in place to ensure that banks did their best to raise private capitals before resorting to state aid.

The ECB is due to take on oversight of euro zone's lenders from national regulators late next year as part of the bloc's plan to adopt a unified system of bank supervision and support, known as banking union.

The ECB will assess lenders' balance-sheets and run stress tests on them before that.

The ECB said on Saturday that the letter Draghi sent to Almunia on July 30 concerned the application of state aid rules to banks that were deemed viable under the balance-sheet assessment but had capital boosting needs when stress-tested.

Italian newspaper la Repubblica reported on Saturday that Draghi wrote to the EU Commission last month asking that junior creditors be spared any losses in a bank rescue at least until the banking union is fully operational.

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INSIGHT-As Brazil's Batista falters, Rio dream does too

By Paulo Prada

RIO DE JANEIRO | Sun Oct 20, 2013 7:59am EDT

RIO DE JANEIRO Oct 20 (Reuters) - Investors who bet on Eike Batista have lost billions over the past year as the Brazilian's ephemeral business empire imploded.

But they haven't been the only losers - the onetime Amazon gold trader and former speedboat racer's hometown of Rio de Janeiro has also been shaken by his rapid decline.

Beginning in 2006, Batista floated a series of mining, energy and shipping companies through share offers that by 2012 made him the world's seventh richest man, valued by Forbes magazine at $30 billion. All the companies' names, including that of his EBX conglomerate, ended in X, a letter he said symbolized the multiplication of wealth.

With the same verve he used to woo investors, Batista also became the biggest booster of a hoped-for revival in Rio, the verdant, seaside metropolis whose glorious past as Brazil's capital and cultural center had in recent decades given way to crime, violence and the unfettered sprawl of slums.

At his peak, Eike, as the 56-year-old is known locally, bankrolled the campaign that lured the 2016 Olympics to Rio. He paid for police vehicles in poor neighborhoods and partially decontaminated a popular local lagoon.

He bought a landmark waterfront hotel and nearby marina and vowed to make natives of rival São Paulo, the country's business capital, "die with envy." Along with some progress by local officials against crime, litter and other urban blight, Batista's efforts helped fuel a sense that a rebound was indeed underway, at least in wealthier parts of town.

"I don't know where we would be without him," says Rosa Celia Barbosa, a Rio cardiologist who received a 30 million real ($13.9 million) donation from Batista in 2011 for a charity hospital for children. After struggling for more than a decade with funding, she finally had enough to pay for final construction and equipment costs.

But now, as creditors pick over what's left of Batista's holdings, his dream for Rio is all but bankrupt.

His star is burning out just as the city readies for the Olympics and next year's World Cup soccer tournament, two events he hoped would showcase his role as Rio's self-styled benefactor.

"People here believed in this patron, this tycoon who would finance a transformation that not even the government could," says Fernando Gabeira, a former national Congressman and mayoral and gubernatorial candidate. "He meant well, but reality took over."

Batista, through a spokeswoman, declined to comment on his derailed Rio plans.

It's too early to say what the ultimate economic toll of Batista's downfall might be on Rio's economy.

As headquarters for a group that attracted tens of billions of reais through stock offerings and credit, there is the unknown cost of what might have been had his vision worked out.

But most of the companies were still new, didn't make money and didn't represent significant sources of tax revenue. Employees and suppliers still hope that the ventures, some of them under new ownership, might still prove profitable. And the investors who lost money were not concentrated in Rio.

Some of the impact, though, is already apparent in a city where his can-do spirit, while it worked, manifested itself all over town.

The logos of Batista's various companies, once emblazoned everywhere from beachside volleyball nets to scaffoldings in Rio's run-down center, have vanished almost as quickly as they appeared. And gone with them is the largesse.

Consider the 351 vehicles he donated to police forces now deployed in Rio's favelas, notorious shantytowns long dominated by drug gangs. The pickups, vans and motorcycles were part of a multi-year partnership Batista struck with the state government to contribute 20 million reais annually, starting in 2010, to an ongoing effort to "pacify" the slums.

In August, though, he pulled the plug on the partnership.

Now, many of the vehicles sit unused and in disrepair because the state had not included them in an insurance contract that covers the rest of its fleet. A September report by Extra, a Rio newspaper, revealed that some police officers, many of whom are paid little more than the minimum wage, have been footing the bills for repairs.

A spokesman for the state government said it is working to remedy the problem and that the donation, while welcome, was a small part of a total budget of more than 3 billion reais for the "pacification units," as the slum patrols are known. As such, the spokesman added, no crime or other security consequences are expected because of the ruptured agreement.

SUGAR DADDY

During his ascent, Batista eagerly cast himself as Rio's sugar daddy - employer to thousands, but also the visionary who could reverse a half-century of decline during which Brazil moved its capital to Brasília and São Paulo eclipsed it as an industrial and financial hub.

His local efforts began in 2008, when he started a project, in conjunction with the city and state governments, to clean up a briny lagoon nestled between some of Rio's best-known neighborhoods. Despite years of pollution, the lagoon remained a popular destination for boaters and joggers.

Batista pledged 28 million reais to dredge it, insulate it from sewerage and other pollutants and study proposals to augment the natural flow of seawater into the lagoon, necessary for a sustainable balance of nutrients. When finished, Batista boasted, Rio would see him swimming there.

That same year, Batista paid a reported 80 million reais for the Hotel Gloria, an aging landmark that once hosted presidents and foreign dignitaries in an opulent, city-block sized palace on a bend in the Rio shoreline. He would invest another 80 million reais, Batista said, and restore the grandeur of a neighborhood by then better known for transvestite prostitutes.

In 2009, he won a concession to manage and modernize a nearby marina, a circular harbor a stone's throw from the art deco skyscraper where he would soon be moving his headquarters. Batista said he would connect the marina and hotel with an ambitious shopping, entertainment and conference complex.

Meanwhile, he kept cutting checks for charity and other causes. He sponsored a volleyball team. He donated funds for a project that would re-plant Atlantic rainforest, the native woodland, in southeastern Brazil.

ULTERIOR MOTIVES?

Skeptics questioned the motives for Batista's generosity, especially because at times it extended to politicians and government leaders charged with regulating some of his businesses - from the local marina, licensed by the city, to a massive port complex he was building north of Rio, where the state government has authority.

In 2009, for instance, he lent a private jet to Rio's governor and mayor so they could attend an Olympic event in Copenhagen as part of their bid for the 2016 games. Batista had already provided 23 million reais in funding for the campaign - more than any other company or private individual.

Batista, the governor and the mayor all repeatedly dismissed suggestions of any conflict of interest in comments at the time. The donations were to the Olympic campaign and not to the politicians, and was permitted under Brazilian law.

By 2010, some of his Rio plans, much like his oil and port projects, began suffering setbacks - from licensing delays to court challenges.

Refurbishment at the Hotel Gloria, originally scheduled to be completed by 2011, was repeatedly, and for undisclosed reasons, postponed until after the World Cup. Some marina users began pushing back against the plan to turn the harbor into something other than a boating facility.

"It was not a marina project," says Alexandre Antunes, a fishing boat captain who opposed the proposal.

Last year, when investors en masse lost faith in his ability to deliver profits, Batista's business and other interests were so entwined that they all began crumbling together.

The hotel, now for sale, remains an empty shell behind scaffolds and sooty canvases. Instead of revitalizing commerce on the decrepit streets around it, the abandoned job site draws homeless people and pigeons.

"We were supposed to be busy with cab drivers and hotel guests by now," says Manuel Gonçalves, a bar owner one block away. Instead, "it's just a few old locals."

At the marina, manager Ricardo Passos says he's getting ready to pack up as soon as Batista sells the concession. "I don't know when, but we are on the way out," Passos says.

The lagoon, meanwhile, looks much like it did before the dredging. Almost no one, Batista included, regularly swims there.

"I catch even fewer fish than I used to," says Walter Marins, a 66-year-old who is one of about 30 fishermen authorized to catch snook, shrimp, crabs and other marine life there. The dredging, he says, disturbed the habitat.

A full cleanup would require building underground ducts that could ferry more seawater into the lagoon. Though Batista himself never promised to pay for their construction, he did finance a study that proposed the ducts to the local government and his once-contagious boosterism was expected to help it happen.

"It's a shame he hit hard times," says Paulo Rosman, an engineer at the Federal University of Rio de Janeiro who authored the study and says local authorities have been slow to act on it. "It won't be long before the lagoon is dirty again."

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REFILE-ECB's Draghi has asked to delay bank bail-in plans -paper

Written By Unknown on Minggu, 20 Oktober 2013 | 16.47

Sat Oct 19, 2013 8:19am EDT

MILAN Oct 19 (Reuters) - Mario Draghi, European Central Bank head, wrote to the European Commission last month asking that bondholders be spared any losses in the event of a bank rescue until a Europe-wide banking union is fully operational, la Repubblica newspaper reported on Saturday.

The Italian daily cited sources with direct knowledge of the letter sent by ECB President Draghi.

The ECB and the Commission were not immediately available to comment.

"The ECB president is not against imposing losses on bank creditors once the European banking union operates at full speed. Draghi, however, fears that imposing losses on bondholders now, potentially for dozens of European lenders at once, can destabilise markets," the paper said.

"Bail-in" rules stating that bondholders must share losses in a bank failure are due to go into effect in 2018. They are part of euro zone's plans to unify the supervision and support of banks in the bloc, known as "banking union."

The EU agreed on a bail-in plan earlier this year. And some ECB policymakers want this brought in more quickly.

The ECB is due conduct a health check-up of European banks before taking up supervision of the sector late next year.

Analysts expect the ECB's banking sector review to reveal capital shortfalls among lenders in weaker countries such as Italy.

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