Methodist Hospital continues on the offensive

After the controversial split earlier this year (previous posts here) with longtime partner Baylor College of Medicine, The Methodist Hospital has been announcing a series of bold moves as it attempts to define its post-Baylor research and teaching role in Houston’s famed Texas Medical Center. Yesterday, Methodist announced its boldest move yet — a 30 year primary affiliation agreement with Cornell University’s Weill Medical School in New York City.
No one can of another teaching hospital-medical school partnership in which such a vast distance separated the from its medical school. According to the Chronicle article on the deal, Methodist President Dr. Ron Girotto downplayed the mileage separating the hospital from Cornell, saying “distance is not an obstacle. Technology today makes anything possible — the sharing of information, quality data and collaboration on research and patient care.”
Cornell’s Weill Medical College’s primary teaching hospital has long been New York-Presbyterian Hospital which is one of the largest hospitals in the country. That affiliation will not change, as Methodist’s deal with the medical school includes a Methodist affiliation with New York-Presbyterian, also.
Still unclear from Wednesday’s announcement is how the affiliation deal will work in practice. Given the distance between Houston and New York, the relationship would appear to limit the typical type of faculty-student relationships that a teaching hospital typically enjoys with a medical school. Under the agreement, Methodist physicians can choose to have faculty appointments at Cornell, which Methodist believes will be a lure in recruiting. Methodist also contends that the affiliation will accelerate the development of the hospital’s new research institute, which it recently announced.
Notably, the affiliation with Cornell and New York-Presbyterian is not an exclusive arrangement, and Methodist will continue to search for other medical school partners. Methodist forsees having multiple affiliations and are open to other ones in Texas. In that connection, talks are still ongoing between Methodist and the University of Texas Health Science Center at Houston, the other medical school in the Medical Center.

Enron Task Force adds charges in Nigerian Barge case

The Enron-related criminal case dubbed the “Nigerian Barge case” would already be in trial but for a conflict with the Judge’s previously scheduled vacation that resulted in a postponement of the trial until mid-August. Using that delay to their advantage, the Enron Task Force yesterday filed a superceding indictment that added two new wire fraud charges against all six defendants and a new false statement charge against Defendant Dan Boyle, the former vice president of Enron’s Global Finance unit. Previous posts on this case may be reviewed here.
The Chronicle article on this development speculates that the superceding indictment may result in a further postponement in the trial of the case, but that’s highly unlikely. Inasmuch as the charges relate to the same transaction as the previous indictment in the case, there probably is not any unfair prejudice to the defendants in indicting them on the new charges, although the late indictment coming a month and a half before trial certainly calls into question the Task Force’s handle on the case. If the new charges would justify a postponement of the trial date for the defendants, U.S. District Judge Ewing Werlein would probably dismiss the new charges before he would postpone the current August 16 trial date.

Stros stumble

Newly-acquired David Weathers served up Jason Kendall‘s first career grand salami and that’s all she wrote as the Pirates cruised to a 7-2 win over the Stros at the Juice Box on Wednesday night.
Stros starter Pete Munro actually pitched reasonably well, giving up four hits and four runs over six and a third. But Weathers really screwed the pooch, giving Kendall only his second yak of the season. The Stros bats — not exactly bursting with energy these days — went into deep sleep after Kendall’s tater put the game out of reach.
The biggest Stros news of the day was the rumor that the Stros were dangling Octavio Dotel as trade bait in a proposed three way deal with Oakland and Kansas City that would bring Carlos Beltan to the Stros. Beltran, 27, is one of the best young players in baseball, so he would be a wonderful addition to the Stros. However, the proposed deal violates the “too good to be true” because the term of Beltran’s $6 million contract expires at the end of this season and my sense is that the Stros would not give up Dotel to rent Beltran for half the season. So, any such deal would probably have to involve working out a new deal with Beltran, which is a long shot at best given his prospects on the free agent market. Thus, I recommend not to get too worked up over this proposed deal — I just don’t think it will happen.
In other positive news, Andy Pettitte had a good outing this evening in Round Rock and will likely come off the DL for his next start. Look for Tim Redding to be the odd man out as Munro is pitching better and deserves a shot at the fifth spot in the rotation.
The Rocket tries to make sure the Stros take three out of four against the Bucs on Thursday night before the Stros ship off to Arlington to battle the vastly-improved Rangers in the World Series of Texas this weekend.

United revises bid for federal financing

As noted in this earlier post, the federal Air Transportation Stabilization Board announced last week that it had rejected Chicago-based United Airlines‘ application for a $1.6 billion federal loan guarantee, which was the foundation of United’s reorganization plan to emerge from its pending chapter 11 bankruptcy case.
Well, that government credit enhancement is just too attractive to pass up. Yesterday, only six days after the Board’s rejection of the prior proposal, United Airlines scaled back its request for federal loan guarantees to $1.1 billion from $1.6 billion and offered several other concessions in an effort to obtain the Board’s approval of the request.
Interestingly, Sen. Peter Fitzgerald (R., Ill.), a staunch opponent of the airline-aid program, yesterday asked the acting inspector general of the Treasury Department to investigate whether “any inappropriate political pressure or intimidation has been or is being applied to” the Treasury nominee on the loan board.
If the ATSB ultimately turns United Airlines down for a third time, the carrier will be forced to overhaul its business plan, cut its expenses further and hunt for a financing package in the open market, which, of course, is exactly what United Airlines should be required to do. Inasmuch as the company is reasonably flush with cash (that’s one of the advantages of operating in chapter 11 for a long time), United isn’t in any immediate danger of liquidation. However, United’s unrestricted cash, which was nearly $2 billion as of March 31, is projected to fall to under $800 million by year end. Airline analysts estimate that a comfortable level of unrestricted cash for an airline the size of United would be at least three times that amount. That’s why United is trying so hard to obtain this federal credit enhancement and also why the ATSB should not grant it.
Meanwhile, the Wall Street Journal’s Holman Jenkins, Jr. expands on Professor Ribstein’s position that good economic policy not only allows companies to thrive, but also to die:

What should be causing beads of sweat on the policymaking community’s collective brow is a structural impasse that makes it nearly impossible for failing airlines to die. Blame the bankruptcy courts, international route regulation, foolish antitrust prejudices or misguided investors. Blame Congress, which shouts “oligopoly” at any hint of an airline disappearing. Whatever the culprit, the country’s in a bad fix. It has too many network carriers trying to shrink their way to profitability when what we really need are fewer, bigger network airlines. Three such carriers would be plenty and two would probably be enough in a world where regional jets are coming on strong and where low-cost, entrepreneurial operators will show up on any route when money’s to be made by undercutting the incumbent.
Meanwhile, low-cost airlines now account for 29% of the business, up from single digits 15 years ago. They’re moving out onto the longer-hop routes (partly because fewer Americans rely on the plane for short trips since the security hassles tipped the balance in favor of driving). Frontier, Southwest and others are even developing what look suspiciously like hubs and spokes.

Stros win third in a row

The struggling Stros are showing signs of life thanks to the lowly Pirates as they reeled off their third win in a row at the Juice Box on Tuesday night, 5-4.
Roy O pitched a gutty eight innings, giving up nine hits but no walks, and threw an incredible 24 first pitch strikes to the 33 batters that he faced. Morgan Ensberg came up with the key hit, a two out, two run triple in the seventh that came after the Stros had left a bushel full of runners on base in scoring position with less than two outs throughout the game.
You have to feel good for Ensberg getting the big hit, but the reality is that he has been extremely disappointing this season, with no yaks (after hitting 25 taters last season) and a paltry slugging percentage of .358, which is the same as the light-hitting Viz. In comparison, Barry Bonds, Jr.’s is slugging at an incredible .633 and Bidg, Bags and Kent are all ranging between .470 and .510, which is where Ensberg should be.
Pete Munro takes the hill tomorrow night as the Stros try to keep it going in the third game of the four game set with the Bucs. After the Thursday game, the Stros travel to Arlington for the first part of their annual home and home series with the Rangers.

Chiseling in on Oscar Wyatt’s Enron asset play

Reuters reported Tuesday that Enron Corp. has received an offer for its CrossCountry Energy unit from an unidentified “investment-grade company” that is substantially larger than the earlier bid that Houston oilman Oscar Wyatt’s company made earlier this year. This Chronicle story reports that the new suitor for the assets is Southern Union Co.
Wyatt and his financial partners (which includes Citigroup) offered Enron $2.2 billion for CrossCountry, a collection of Enron’s North American natural gas pipelines. The Wyatt offer included $1.74 billion in cash, the assumption of $461 million in debt, and a $25 million “stalking horse” fee if Wyatt’s group were to be outbid for the pipelines.
The new offer includes about $55 million more in cash and is not conditioned on the payment of a “stalking horse” fee. Consequently Enron’s largest unsecured creditors are now requesting that U.S. Bankruptcy Judge Arthur Gonzalez accept the new offer instead of the bid from the Wyatt-led consortium. A hearing is scheduled on the matter this Thursday in New York.

Enron criminal defendants: This is your Judge!

One U.S. District Judge is doing something about the federal sentencing guidelines.
Here is the opinion.
Here is a follow-up NY Times article on the opinion.

Another tax shelter lawsuit

This NY Times article reports on the latest investor lawsuits that seek damages from German financial giant Deutsche Bank and several accounting, law and financial services firms — including American Express — for selling abusive tax shelters from 1999 to 2001. The investor plaintiffs in both cases, who collectively owe the federal government millions of dollars in back taxes as a result of the tax shelters being disallowed, are seeking to recover fees, interest and penalties.
Let’s see if I understand the theory of the plaintiffs’ case in these lawsuits. We rich people make speculative invesments in tax shelters to save big bucks from non-payment of taxes. We know that the deals are shady, but what the heck, we don’t like paying taxes. Now that the tax shelters have been disallowed, we should not have to pay the taxes that we owed in the first place. Rather, these financial institutions should have to pay for indulging our greedy desire not to pay our share of taxes. How dare they take advantage of us like that?
Only in America.

Well, this is an interesting approach

Mike Ramsey, the Houston-based criminal defense attorney who is representing former Enron CEO and Chairman Ken Lay, has requested another meeting with the Enron Task Force to plead his case that Mr. Lay should not be indicted.
Ramsey’s move in requesting the meeting with prosecutors is unusual, but the Enron case is such a hot button item culturally and politically that creative tactical decisions are necessary. Ex-Enron CEO Jeff Skilling asked for a similar meeting before he was indicted earlier this year, but it did not do much good — Skilling was indicted on 35 felony counts a few days later.
Lawyers close to the case have said federal prosecutors plan to ask a grand jury any day to indict Lay on charges relating to the last few months he was at the helm of Enron as the company plummetted into bankruptcy in late 2001.

Sally Jenkins on Tiger Woods

Sally Jenkins is the daughter of Dan Jenkins, who is simply the best golf writer of all-time. However, Sally is currently writing on golf for the Washington Post, and she is fast joining her father as one of the best commentators on the golf scene. In this piece, Ms. Jenkins takes Tiger Woods down a notch or two over Woods’ behavior during this past weekend’s U.S. Open golf tournament. The following is a tidbit:

The Woods who played in the U.S. Open at Shinnecock Hills this week was not an especially great player, nor was he a very good guy. Among the things that Woods blamed for his final round of 76, his worst final round in an Open since turning pro, and 10-over-par finish: the weather, the United States Golf Association, modern photography, the press and his former coach, Butch Harmon.
My first suggestion for Woods’s immediate and long-term recovery is that he spend four years in the Peace Corps. Planting crops in Ethiopia or Zaire while teaching children to read and write would have a salutary effect on his attitude, which at the moment resembles that of a spoiled Venetian princess.

Read the entire piece. Good stuff.