What really happened at Refco?

Refco Logo4.jpgThose of us who have been following the Refco case are familiar with the allegations that have brought the big securities trader to its knees in bankruptcy — Refco’s former CEO, Phillip R. Bennett, hid ties to the bad debt to improve Refco’s balance sheet and mislead investors. The theory of the case against Mr. Bennett is that he assumed about $430 million in bad debts of Refco — some of which arose years ago — that let Refco avoid reducing net income and wiping out nearly all of the company’s profits for the past three years. The alleged purpose of hiding the losses was to facilitate Refco’s recent IPO and an earlier deal in which Thomas H. Lee Partners LP acquired a controlling interest in Refco. For his part, Mr. Bennett has denied wrongdoing, and his lawyer has said that his client will fight the charges.
Despite the superficial allure of criminal charges against crafty businessmen, I remain skeptical of criminal cases against anyone until I truly understand them, and the post-Enron era of the government playing to the public’s resentment of wealthy business executives has only reinfored my skepticism. So, I continue to look for a coherent explanation of the details behind the government’s above-described theory of the case against Mr. Bennett, and this NY Times article comes closest to date of actually breaking down the transactions on which the government’s indictment of Mr. Bennett is based. However, even the Times’ explanation is not clear:

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Hurricane Katrina’s real economic impact becoming clearer

oil_well13.jpgThe damage from Hurricane Katrina to the Gulf of Mexico’s oil and gas production facilities has had a huge impact on national and international oil and gas markets over the past two months. However, from a regional standpoint, the biggest economic impact from Katrina has been the loss of thousands of jobs, particularly in small businesses. A couple of recent articles reporting on the latest governmental statistics and reports from lending institutions provide a clearer picture of the extent of the economic carnage.
Two NY Times articles (here and here) from last week report on the extraordinary job losses in the Gulf Coast region resulting from the hurricane and the effect that such job loss is having on cities and financial institutions in the region. Louisiana and Mississippi lost a combined total of 310,000 jobs in September, which raised their unemployment rates to a United States high of 11.5% and 9.6% respectively. These are staggering job losses for the region, and since most the losses are attributable to small businesses that were either uninsured or underinsured in regard to damage from the hurricane, the restoration of those jobs will be a painfully slow process.

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The economics of deferred obligations

Delphi2.gifChronicle business columnist Loren Steffy wrote this interesting column over the weekend that includes excerpts from an old interview with business restructuring expert Steve Miller, who is currently managing the reorganization of Delphi as its CEO.
The reorganization of Delphi is considered a precursor of the almost inevitable larger reorganization of its former parent General Motors and other large American companies — not to mention the federal government’s Social Security and Medicare programs — that are burdened with huge unfunded pension and retiree health care costs. Mr. Miller sums up the basic problem well in describing the similar problems that he confronted in one of his former reorganization projects, Bethlehem Steel:

In 1960, when [Bethlehem Steel] adopted a lot of its benefit programs, the company had 100,000 workers and about 12,000 retirees. Promising them pensions and health care benefits for life seemed, at best, a distant worry.
More than 40 years later, Bethlehem, by then in bankruptcy, had 12,000 employees and 130,000 retirees and dependents. The math no longer worked.

Read the entire article.

2005 Weekly local football review

VinceYoung5.jpgTexas Longhorns 52 Texas Tech 17

Texas QB Vince Young didn’t really have all that good a game, yet Texas (7-0) rolls over formerly undefeated Tech (6-1), anyway. The fact that Tech is arguably the second-best team in the Big 12 this season underscores just how better the Longhorns are than anyone else in the conference. The Horns now have the equivalent of junior varsity games the next three weeks against Oklahoma State, Baylor and Kansas before closing the regular season with its rivalry game against Texas A&M.

Texas Aggies 30 Kansas State 28

Although Kansas State’s (4-3) program has trended downward over the past couple of seasons, this was still an important road victory for the Ags, who find themselves at 5-2 even after a disappointing first half of the season. Unfortunately for the Ags, they host a tough Iowa State (4-3) team this week, then go to Tech and Oklahoma before finishing the season at home against the Longhorns. The Ags could lose all of those games, which would not go over well in Aggieland.

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Longhorn football and Harriet Miers

erxleben.jpgHere’s a good trivia question for your next tailgate party this football season — What’s the connection between Supreme Court nominee Harriet Miers and Texas Longhorn football?
Larry Ribstein has the story about Ms. Miers’ involvement in her former firm’s settlement of claims arising from its representation of former All-American Longhorn placekicker, Russell Erxleben.

The Stros’ ride to the World Series

Hunsicker.jpgAs you prepare to watch for Game 1 of the 2005 World Series tonight, take a few minutes to review the previous posts set forth below that chronicle the Stros’ improbable and highly enjoyable run to the club’s first World Series:

The first off-season moves, including the logic behind letting Jeff Kent go;

After nine years, Stros General Manager Gerry Hunsiker resigns and Mickey Herskowitz provides historical perspective on the Stros’ GM’s;

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The Stros lose out on Carlos Beltran and why they were wise to let him go;

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Wilma devastates Cancun and Cozumel

Cancun and Cozumel.gifHurricane Wilma came ashore yesterday afternoon directly on the popular Mexican resort communities of Cozumel and Cancun as a devastating category 4 storm. Although damage reports are still skimpy because of poor communications to the area, there is high probability that both of these communities and the surrounding area will suffer catastrophic damage that in some cases will take years to rebuild. Suffice it to say that this area will not likely be in a position to accomodate tourists for an extended period of time. Jeff Masters puts the situation in perspective:

Wilma’s landfall will bring enormous devastation to the 40 to 70 mile wide section of coast exposed to the intense winds of the hurricane’s eyewall. A long period of calm lasting up to seven hours will accompany the passage of the slow-moving eye. During the next two days, Wilma will move very slowly over or just offshore the Yucatan. This will expose structures in the hurricane zone to very long duration hurricane force winds, likely making Wilma Mexico’s most expensive hurricane disaster ever. Wilma’s rains will add to the misery, reaching 20 inches or more over not just the Yucatan, but the western tip of Cuba as well.

Although the current track of the storm into Florida on Monday is still unclear, the current predictions are that it will not be a major hurricane (cat 3 or above) by the time that it makes landfall in Florida. That’s good news for Florida and the U.S., but not much consolation for our friends in Mexico.

Oscar Wyatt indicted in Oil-for-Food scandal

Oscar Wyatt.gifColorful Houston oilman Oscar Wyatt — who was once described as a businessman who would not be afraid of dealing with the Devil himself — was arrested yesterday morning in Houston and charged in New York with bribing Iraqi officials in a scheme to corrupt the United Nations oil-for-food program. Earlier posts on Mr. Wyatt’s connection to the scandal are here and here and a copy of the indictment — which is so poorly written as to be nearly incomprehensible — is here. Mr. Wyatt has been released after posting bail of $2.5 million.
The indictment against Mr. Wyatt is an expansion of another federal case that was brought in April against David B. Chalmers Jr., president of Houston-based Bay Oil USA Inc. The indictment against Mr. Wyatt also names two Swiss business executives — Cathy Miguel and Mohameed Saidji, who are accused of conspiring with Wyatt. Under the indictment, the 81 year old Mr. Wyatt faces a potential jail term of at least 60 years and the threat that the Justice Department will attempt to freeze a substantial amount of his assets.

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A truly scary thought — Metro morphs into real estate developer

metrocar14.jpgThe Chronicles Nancy Sarnoff writes in this article about the Metropolitan Transit Authority‘s latest venture to do something other than what it is chartered to do, which is to provide a flexible and effective mass transit system for citizens of the Houston metropolitan area:

[Metro] has selected Houston-based Transwestern Commercial Services to build [a $105 million building above the transit center on Fannin near the Medical Center], which could include condominiums, a hotel, office and retail space in the Texas Medical Center.

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Stros 2005 Review: World Series Preview

Clemens spraying Oswalt.jpg“2005 World Series Preview.” Sounds pretty good, doesn’t it?
Well, the 2005 edition of the Fall Classic is shaping up be an interesting one. The Stros and the White Sox are two good, but certainly not great, clubs that are built around solid pitching staffs. The Stros (89-73) struggled to get into the playoffs, while the Sox (99-63) pretty much cruised for most of the season, only to falter during the final month before turning it on in the last two weeks to win their division. The Stros have run up a 7-3 playoff record while engaging in two pressure-packed series with the Braves and then the Cardinals, while the Sox are 7-1 in the playoffs after polishing off the defending World Series champion Red Sox and then the Yankee-killing Angels in surprisingly easy fashion. The Sox won 10 more games than the Stros during the regular season, but the Stros have the better record over the past four months and the hitting-challenged Stros actually hit better than the White Sox. Nevertheless, both clubs rely primarily on stellar pitching that is based upon some of the best starting pitchers in Major League Baseball. Consequently, expect a low-scoring series involving tight, well-pitched games in which runs are precious and home runs decisive.

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