Feds opens probe of cooling equipment makers
By STEPHEN MANNING
AP Business Writer
WASHINGTON (AP) — The Justice Department said Thursday that it has opened an antitrust investigation of the compressor industry, part of a global probe of possible price fixing and other anticompetitive practices at companies that supply the cooling parts for appliances like refrigerators and air conditioners.
Authorities in Europe and Brazil also raided offices of several compressor producers this week as they investigated a possible global cartel among companies that make the equipment.
In the United States, home appliance maker Whirlpool Corp. said Thursday that it received a grand jury subpoena earlier this week and that investigators visited company facilities in Brazil and Italy. Compressor manufacturer Tecumseh Products Co. said on Wednesday that it was subpoenaed by the Justice Department and received a request for information from Brazilian authorities.
Tecumseh said the requests related to pricing issues.
Justice Department spokeswoman Gina Talamona confirmed that authorities were probing “anticompetitive practices” in the compressor industry and were working with foreign investigators. She did not provide any further details.
Compressors are part of the system that creates the cold air that keeps food fresh or frozen. It compresses cooling fluid then passes it through the network of coils commonly found on the back of refrigerators.
Both Tecumseh, based in Ann Arbor, Mich., and Benton Harbor, Mich.-based Whirlpool said in statements that they planned to cooperate with investigators and that no charges were pending against them or any employees.
The companies operate through subsidiaries in Brazil and do a substantial amount of business in the South American country. About 12 percent of Whirlpool’s 2007 sales were in Brazil, according to company regulatory filings. Tecumseh had Brazilian sales of $194 million in 2007, roughly 17 percent of the company’s global sales.
Tecumseh spokeswoman Teresa Hess said the company sells products to Whirlpool, including a small amount in the Brazilian market, even though the two are competitors.
Brazil’s justice ministry said in a statement that authorities seized documents in the southeastern state of Sao Paulo and southern state of Santa Catarina as part of an investigation of a possible cartel of companies over compressors used in refrigerators, air conditioners and water fountains.
The investigation began near the end of 2008 after one of the companies allegedly involved advised authorities of the cartel in exchange for administrative and criminal immunity. It includes Brazil’s federal police, the justice ministry and the Sao Paulo state prosecutor’s office.
The justice ministry statement said the unidentified companies allegedly agreed to raise prices and traded commercially sensitive information, hindering free competition. The negotiations allegedly took place through e-mails, phone calls and meetings, including at restaurants and hotels.
The Danish group Danfoss S/A said that it was being investigated by antitrust authorities in Germany, Denmark and the United States on suspicion that it was part of a global cartel. Investigators visited company facilities in all three countries, Danfoss said. The company said it was certain that top management was not taking part in any form of collusion.
European authorities did not identify the other companies under investigation.
Shares of Whirlpool fell $2.78, or 9.6 percent, to close at $26.15, while Tecumseh shares rose 24 cents to close at $6.84.
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Associated Press Writer Tales Azzoni in Sao Paulo contributed to this report.
Copyright 2009 The Associated Press.
Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
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Recession ups US demand for Third World-type loans
By EILEEN ALT POWELL
Associated Press Writer
NEW YORK (AP) — When Amy Sokoloff and John Powell were trying to start their art restoration business in New York City, they needed some working capital. But banks weren’t willing to take a chance on them.
“We didn’t own anything — no houses, no cars, we had no collateral,” Sokoloff said. Powell added, “No one wanted to talk to us. They were not interested, and they were not nice about it.”
Sokoloff and Powell ended up on the doorstep of ACCION USA, a not-for-profit group patterned after the Third World microfinance institutions best known for providing money to Moroccan farmers for breeding chickens or to Bangladeshi women for weaving supplies.
The $15,000 loan they got in 2005— which they paid back in two years — got them the sunlit studio where their Chelsea Restoration Associates brings aged, damaged oil paintings back to life. Last fall, after the U.S. downturn began to cut into their business, they went back to ACCION USA for a $25,000 loan, “a tremendous help for cash flow” with an affordable 10.9 percent interest rate, Sokoloff said.
Sokoloff and Powell are among thousands of Americans using microcredit, a financing system originated in the Third World, to help open small businesses or get through rough spots. While the dollar amounts are much bigger in the U.S. than the tiny loans in developing countries — some for less than $10 — the principle is the same: a financial stake that lets people in need better their lives.
Now, with the recession deepening, U.S.-based microlenders say they are seeing an increase in inquiries from would-be borrowers, including startup entrepreneurs seen as too risky by banks and other traditional lenders.
And the still-small U.S. microcredit sector hopes for a boost from the new administration of President Barack Obama.
Obama’s secretary of state, Hillary Clinton, is a big supporter of microfinance, praising it during her confirmation hearing for its ability to “raise standards of living and transform local economies” overseas. Obama also has a personal link to the industry because his late mother, Ann Dunham, was involved in microfinance in Indonesia.
These connections gave raised hopes among microloan advocates that some money from the administration’s $789 billion economic rescue package will filter into their programs. U.S. microlenders already get support from the Small Business Administration and a special Treasury community development fund.
“We’re hoping for more funding” from the government, said Wendy K. Baumann, vice chairman of the Association for Enterprise Opportunity, an advocacy group for microfinance based in Arlington, Virginia.
Microloans have been made in developing countries for more than 30 years. Bangladeshi economist Mohammed Yunis made the first one of about $27 from his own pocket to 42 women who needed to buy bamboo to make furniture. He later formed the Grameen Bank, which is now one of the world’s largest microlenders and shared the 2006 Nobel Peace Prize with the founder.
In 2007, microloans went to some 154 million people worldwide, according to the Microcredit Summit Campaign. Estimates vary, but there are believed to be some $25 billion to $30 billion in small business loans outstanding globally.
In the United States, by contrast, an estimated $100 million in microloans were provided to 13,000 clients by some 250 microlenders in 2007, according Elaine L. Edgcomb, director of an Aspen Institute project on the small loan movement. The average for these loans is about $8,000 in the U.S., she said.
Microlending groups estimated that defaults were a manageable 6 percent to 8 percent before the economy fell into recession but have grown since.
Gina Harman, president of New York-based ACCION USA, the largest of the microlenders in the United States, said that nonprofit groups like hers were “very hands on” with borrowers and admitted “we’re working harder these days to keep people current.”
Harman said that in addition to the unemployed and the underemployed, a big market for microloans in the United States is the immigrant community.
“Self-employment rises in importance for recent immigrants because their alternatives for jobs are limited,” Harman said. Many don’t know English and lack business connections, but come from cultures with strong entrepreneurial skills, she added.
Still, the growth of microfinance in the U.S. has been slow.
Jonathan Morduch, a professor of public policy and economics at New York University’s Wagner Graduate School of Public Service, says one reason is that it’s hard being an entrepreneur in America.
“It’s a lot easier to go to work for someone else, get health benefits and collect a salary,” Morduch said. “And starting a business can be especially hard in the United States because there’s a lot of regulation you don’t have in other places.”
Microfinance experts like Alex Counts, president and chief executive of the Grameen Foundation, a Washington, D.C.-based microfinance support group, believe more could be done in America if more money was provided by foundations, wealthy donors and government agencies.
And many entrepreneurs need help getting started, he added.
“In a country like Bangladesh, the key constraint in capital,” Counts said. “In the United States, capital is also a constraint. But there’s also licensing and regulation … and exposing people to business contacts who can buy their products, sell for them.”
As a result, many of the most effective microfinance programs in America have a training component, he said.
“If you support people in developing networks and skills, say in going through the licensing process … then loans in the range of $1,000 to $3,000 are often enough to jump start a small business,” Counts said.
He said, for example, that such loans could help a woman laid off from a restaurant start a home-catering business, or a fired daycare worker start a home-based care service.
Baumann of the Association for Enterprise Opportunity believes more money will become available for microloans.
“Credit is tightening, and more people are coming to us,” she said, adding that this should prompt banks and other big financial institutions “to wake up and figure out how we can partner with them” to support small businesses.
Baumann, who heads the Wisconsin Women’s Business Initiative Corp. in Milwaukee, Wisconsin, said that about 70 percent of the group’s microloans are for startup businesses, with the rest going to small businesses that are expanding or facing cash-flow problems. Despite its name, about a quarter of borrowers are men.
“We fund a lot of service companies — child care, food-related businesses, restaurants,” she said. But there also are manufacturing and construction companies and community-based residential facilities for the elderly.
One recent borrower was Vasyl Lemberskyy, who immigrated to the U.S. from the Ukraine about seven years ago. He lost his first restaurant when the landlord sold the building it was in; a second restaurant failed.
Last year, he and his partners went to Baumann’s group and got a $57,000 loan to open the Transfer Pizzeria Cafe, which relies on local products for its 50-some varieties of pizza.
He was happy dealing with a microlender because he was treated so well.
“They care about new business coming to this city, they care about making a better business environment in Milwaukee, they care about you,” Lemberskyy said.
Copyright 2009 The Associated Press.
Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.
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Holder expected to review, change Bush policies
By LARRY MARGASAK
Associated Press Writer
WASHINGTON (AP) — Eric Holder has won confirmation as the first black attorney general, but he’ll have little time to consider his role in history as he decides which Bush administration counterterrorism policies to reverse.
Holder was confirmed 75-21 Monday, with all the opposition coming from Republicans. He will be sworn in Tuesday by Vice President Joe Biden.
For starters, the new attorney general will learn the secrets of the Office of Legal Counsel, whose lawyers justified the use of controversial interrogation tactics and even declined to provide Bush administration documents to internal Justice Department investigators.
Holder will inherit a Justice Department wracked by Bush administration scandals over politically inspired hirings and firings. He has pledged to restore its reputation.
Holder also will play a major role in the future of terrorism detainees.
President Barack Obama, in a major policy shift, signed an executive order to close the U.S. detention center at Guantanamo Bay, Cuba, within a year. He also created a special task force to review detainee policy; Holder and Defense Secretary Robert Gates will serve as co-chairs.
That panel will look at options for apprehension, detention, trial, transfer or release of detainees and report to the president within 180 days.
Holder promised senators he would review why career prosecutors in Washington decided not to prosecute the former head of the department’s Civil Rights Division. An inspector general’s report last month found that Bradley Schlozman, the former head of the division, misled lawmakers about whether he politicized hiring decisions.
Another key question facing Holder is whether to reverse former President George W. Bush’s order that three of his former top aides — Karl Rove, Harriet Miers and Josh Bolten — should not testify before Congress about firings of U.S. attorneys. Rove and Miers were former aides when Bush gave his order.
If Obama reverses Bush’s policy, it would create a new legal issue: whether a former president’s order against testifying would still be valid.
The Bush administration’s warrantless surveillance program is certain to come under Holder’s scrutiny.
After a lengthy and heated debate that pitted privacy and civil liberties concerns against the desire to prevent terrorist attacks, Congress last year eased the rules under which the government could wiretap American phone and computer lines to listen for terrorists and spies.
Holder promised one senator that he would re-examine a ruling by former Attorney General Michael Mukasey that immigrants facing deportation do not have a right to government-provided lawyers. Holder said he understands the desire to expedite immigration court proceedings, but added that the Constitution also requires that proceedings be fair.
There also could be changes in conducting warrantless surveillance.
Holder’s chief supporter, Sen. Patrick Leahy, a Vermont Democrat, said the confirmation was a fulfillment of Martin Luther King’s dream that everyone would be judged by the content of their character.
“Come on the right side of history,” said Leahy, chairman of the Senate Judiciary Committee.
Copyright 2009 The Associated Press.
Attorney Gordon Johnson
Chair Traumatic Brain Injury Litigation Group, American Association of Justice
g@gordonjohnson.com :: 800-992-9447 :: Attorney Gordon S. Johnson, Jr.
http://subtlebraininjury.com :: http://brainanatomyguide.com :: http://car-accident-rain.com :: http://tbilaw.com
http://waiting.com :: http://vestibulardisorder.com :: http://youtube.com/profile?user=braininjuryattorney