Kerry’s financial support

This Washington Post article does a good job of analyzing the financial support for John Kerry’s Presidential campaign. Mr. Kerry’s supporters are made up of several disparate group, which WaPo summarizes as follows:

? Lawyers, especially trial lawyers, are the engine of the Kerry fundraising operation. Lawyers and law firms have given more money to Kerry, $12 million, than any other sector. One out of four of Kerry’s big-dollar fundraisers is a lawyer, and one out of 10 is an attorney for plaintiffs in personal injury, medical malpractice or other lawsuits seeking damages.
? Much of the seed money for the Kerry presidential campaign was collected through donors to his Senate campaigns, including lobbyists with interests before two of the Senate committees on which Kerry serves: the Finance Committee and the Commerce, Science and Transportation Committee.
? Fueling Kerry’s money surge havebeen credit card collections on the Internet, a technique pioneered by his onetime rival Howard Dean in 2003 but used with even greater success this year by the presumptive Democratic nominee. Kerry has been raising more than $10 million a month on the Internet, for a total of more than $65 million, compared with $8.7 million for Bush in the past year, according to officials with both campaigns.
? Kerry appears to have succeeded in creating a new class of donors for the Democratic Party. Dozens of his fundraisers are relative neophytes in big-money politics and have not been active in making their own contributions. A review of federal campaign contributions of the big Kerry fundraisers shows that one-third of them have not made more than $20,000 in campaign contributions since 1990.
? Kerry’s donor base is overwhelmingly bicoastal. Almost half of the big-money fundraisers hail from either California or New York. Seventeen of the fundraisers are from Kerry’s home of Massachusetts. Kerry has substantially outraised Bush in California and New York, $39.7 million to $28.5 million; Bush has crushed the Democrat in Florida and Texas, $36 million to $8 million.

WaPo also compares the fundraising base of Mr. Kerry with that of President Bush’s:

Overall, Kerry’s fundraising base is much different from Bush’s. Kerry draws heavily on professionals with advanced degrees, academics, scientists and technology workers, in contrast to Bush’s strong base in the business community. Bush has close to 100 major fundraisers — Pioneers or Rangers, as the president’s campaign calls them — from the agribusiness, energy and power, construction, and transportation industries, compared with no more than half a dozen for Kerry.
According to PoliticalMoneyLine, five times as many corporate CEOs, presidents and chairmen gave to Bush as Kerry: 17,770 to 3,393. Conversely, the number of professors who gave to Kerry is 11 times the number of those who gave to Bush, 3,508 to 322. Actors split 212 for Kerry, 12 for Bush; authors, 110 to 3; librarians, 223 to 1; journalists, 93 to 1; and social workers, 415 to 32.

Tax simplification

James Edward Maule is a professor of tax law at Villonova University School of Law who authors a blog in which he frequently opines on various issues relating to tax policy. Today, the issue is income tax simplification and he is not optimistic about the prospects for reform:

The Democrats are trying to make tax simplification a highlight of their campaign promises. This is an amusing thought, but it?s also frightening because there are people who will believe it.
The Democrats, after all, were the pioneers in modern tax hypercomplexity. Beginning with Kennedy?s investment tax credit and magnified by a huge array of other credits, deductions, and exclusions, the tax law was made even more complicated through the enactment of phaseouts, scalebacks, and other hidden tax increases.
Not to be outdone, it didn?t take the Republicans long to get on the special interest complexity tax train. Absurd capital gain rate structures, a new cluster of credits, and all other sorts of finely tailored specially-directed provisions were crammed into an already bloated code. To use an analog from an astrophysics lecture I attended yesterday, the tax universe is expanding at a constant rate and is moving toward increasing disorder. Just like the cosmos.

Professor Maule then evaluates the Kerry Campaign’s proposals for tax simplification:

John Kerry?s tax proposals are inconsistent with the notion of tax simplification, so it will be interesting to see how the Democrats reconcile the party?s ?tax simplification? message and Kerry?s proposals. To be fair, Kerry cannot be blamed for all of the tax complexity in the Code or even all of the complexity bestowed on us by the Democrats in Congress. He isn?t even to blame for some of the stuff enacted while he was in the Congress.
Nonetheless, why is Kerry willing to make his proposals within the confines of a Republican tax design? The tax on dividends is a fine example. The Republicans create complexity by making most dividends (a selection process that is itself complex) subject to lower tax rates essentially the same as the bizarre rate structure applicable to capital gains. As readers of my blog and listserv posts know, this is an approach wholly inconsistent with fairness, implification, and common sense. Kerry proposes to eliminate this rate twist by restricting it to taxpayers with incomes under $200,000. This creates yet another layer of complexity onto the already complex dividend taxation structure.
I?d be far more impressed if Kerry took the following position: ?Look, folks, dividends are just one form of income. A person with a lot of income, no matter its source, ought to pay tax at a higher rate than someone with much less income. A person with interest income from certificates of deposit is no less entitled to a low rate than is a person with dividend income. In other words, the basic tax rate structures ought to reflect this principle, and favoritism of one sort of income over another is wrong, no matter the income level. To tax a retired person who has no pension and lives on social security and $30,000 of dividend income at a lower rate than her neighbor who has no pension income and lives on social security and $30,000 of interest income is flat out wrong and contrary to all principles of fairness.?

So, why doesn’t the Kerry Campaign from addressing this issue in such a common sense manner?:

What stops Kerry (or his advisors) from tackling this head on? Surely it has something to do with trying to make everyone think he or she is better off under Kerry?s proposals (which in fact is not the case). In an election campaign directed pretty much at the 10% of the voters who are ?swing votes? where?s the advantage in Kerry?s existing proposals? It doesn?t make much sense politically. So I?m wondering if in fact the Kerry tax advisors don?t quite know how to cut the Gordian knot of taxation.

Which leads Professor Maule back to where we always seem to be after each election campaign (with the notable exception of the Reagan Administration). Both political parties initially talk about tax simplification, but then promptly ignore the issue while dividing pork to special interests through tax “policy”:

So as far as I?m concerned, with the exception of a few individual members of Congress whose voices of common sense are drowned out in a sea of special interest tax pandering, both major parties and both major Presidential candidates don?t earn any points on the tax question.
So no matter who wins, the tax law will become even more disordered. Will it end as the astrophysicists predict the cosmos will ?end?? Will the system collapse of its own weight, becoming a black hole that swallows all? Does anyone other than a few ?tax mavens? even understand the seriousness of the problem?
Right now, I?m going to go back to looking in 360 degrees at two shades of blue. I?ll let my brain process tax stuff later.

As an independent voter, one of my greatest disappointments with the Bush Administration and the Republican-controlled Congress is their failure to address and propose enactment of meaningful tax simplification reform. As with reform of America’s broken health care finance system, the Republicans talk a good game, but then generally buckle to pressure from special interests that lobby to maintain the status quo. Professor Maule makes a good point that a Kerry Administration likely would not be any better in regard to tax simplification reform. Nevertheless, my sense is that the Republican Party badly underestimates the frustration of independent voters with their inaction on the issues of tax simplification and health care finance reform.
Given this Administration’s inaction on these issues, I think it is fair to ask the following question: Are we at a point where only a Democratic Administration initiative on these issues — modified through responsible Republican Congressional opposition — is the only (albeit messy) route to meaningful reform legislation?

The Blawg Channel – An intriguing new blawg

Six of the pioneers of legal blogs (i.e., “blawgs”) — Tom Migdell, Dennis Kennedy, Ernest Svenson, Marty Schwimmer, Denise Howell, and Rick Klau — are collaborating on a new blawg called The Blawg Channel. Ernie described the purpose of the new blawg in the following manner:

[to promote] some positive changes in the legal world, and, more particularly, in the newly-minted realm of lawyer blogs. Somehow the Internet seems to have injected steroids into the concept of self-publication, and we believe that we can use this blog in a way that is beneficial to lawyers (especially those that who aren’t themselves blogging but who, nevertheless, want to tap into blogs as a source of useful legal information). And, since I mentioned steroids, I should mention, for what it’s worth, that a couple of us are even willing to submit to drug tests.

Dennis kicked it off with a post “What five things can lawyers do to better serve entrepreneurs and their businesses?” Given the contributors’ knowledge and insight, this new blawg has great potential as a resource for lawyers. I recommend that you check it out regularly.

Enron Task Force PR staff fights back

The unusual nature of Ken Lay‘s somewhat desperate public relations campaign in connection with the criminal charges that are pending against him has been noted earlier here, here, and here.
Not to be outdone, the Enron Task Force pumped its PR machine into action by leaking to the Houston Chronicle this allegedly secret memo between former Enron CFO Andrew Fastow and former Enron chief accountant Richard Causey.
The gist of the Chronicle article is that, according to the Task Force, the memo proves that Fastow and Causey had secret side deals in which Enron guaranteed a great rate of return for the off-balance sheet partnerships that Fastow ran and in which Enron allegedly parked poorly-performing assets and hid enormous amounts of debt. The Task Force contends that the secret memo agreement between Fastow and Causey proves that the off-balance sheet partnerships were not entities at risk and, thus, should have been reported as a part of Enron’s consolidated financial statements. If that had been done, then Enron would have been revealed to the marketplace as a highly-leveraged company that would not have generated anything close to the investor interest that pushed the stock price to $80 a share in early 2001.
The Chronicle goes on to speculate that the revelation of the memo puts pressure on Mr. Causey to plea bargain with the Task Force:

A handwritten memo detailing secret side deals between ex-Enron Chief Accounting Officer Rick Causey and ex-Chief Financial Officer Andrew Fastow has defense lawyers predicting that Causey is under greater pressure to seek a deal with the government.
The document, which prosecutors have called the “global galactic” agreement, seemed a part of Enron folklore until it was cited as an actual written agreement in the indictment of ex-Chairman Ken Lay earlier this month.

Since Fastow has already pleaded guilty to two felony charges and is cooperating with the government, the written document can’t hurt him in the criminal arena. Most lawyers contacted this week suspect prosecutors received the written agreement from Fastow.
“It’s a very difficult document for team Causey. It’s as tough a document to refute as I’ve seen in the Enron case,” said a lawyer for one of the Enron criminal defendants who asked that his name not be used.
He and other defense lawyers in Enron cases, who spoke off the record, said there is growing expectation, largely because of this document, that Causey could be pressured to cooperate with the government.

As if facing what amounts to be a life sentence if convicted of the criminal charges against him is not enough incentive for Mr. Causey to entertain a plea bargain.
Despite the representations in the Chronicle article, most attorneys close to the Enron case have known for some time about the Fastow-Causey memo. And, although not a good piece of evidence for Mr. Causey, it is a decidedly double-edged sword for the Task Force in regard to the other Enron-related defendants. Unless the Task Force can prove that other Enron defendants such as Mr. Lay or former CEO Jeffrey Skilling knew of the Fastow-Causey memo, then the memo may be used as exculpatory evidence for other Enron defendants who could reasonably claim that the Fastow-Causey agreement was secret, that they would have never approved of it, and that the memo proves that Mr. Fastow truly was the loose cannon who manipulated Enron’s finances for personal gain to the extent that he ultimately triggered its collapse.

Stros fall to Brew Crew

The Brew Crew lit up the Rocket for five runs in 5 2/3 innings and a big Stros comeback was thwarted as the Brew Crew held on for a 7-6 win on Friday night at the Juice Box.
Clemens uncharacteristically gave up three gopher balls, including a killer 3 run shot by Ben Grieve that landed in the first row of the Crawford Boxes. The Stros battled back gamely after being down 5-0, but Lidge lived dangerously in two innings of work and the Brewers were eventually able to push a run on a sac fly across in the top of the ninth for the game winner.
Tim Redding gets a rare start in the Saturday night game, and Pete Munro has been announced as the Stros’ starter in the Sunday matinee game.

United busts pension plan payment

United Airlines announced today it would not contribute to employee pension plans while it remains in Chapter 11. This is the first in a number of bold moves that Chicago-based United must take in order to save the struggling airline billions in cash and make it more attractive to the private investors it needs to emerge from bankruptcy protection now that its request for federal subsidies has been rejected.
The action came a week after United skipped a $72.4 million pension payment that it owed to three of its four pension plans, and only a month or so before United faces baking hundreds of millions more in pension payments in September and October. Until that missed payment, United had met all of its pension obligations since filing for bankruptcy in December 2002.
Although difficult, United should go ahead and simply terminate the plans. The plans have enough assets to keep paying benefits to retirees in the short term, but none of the four plans has enough to assure that employees will receive future benefits they have already earned. If the airline abandons the plans, billions of dollars in liabilities for those future benefits will fall on the Pension Benefit Guaranty Corporation, a government-sponsored agency whose finances have already been heavily tapped by the collapse of pension plans at other bankrupt companies in the airline, steel and other industries.
As one would expect, leaders of United’s unions reacted with outrage over United’s decision but, as usual, offered no alternative to the probable liquidation that United faces if it kept making the pension payments. Greg Davidowitch, president of the flight attendants’ union local at United, demanded the following explanation: “Current management should explain to us why the flight attendants should continue to support their restructuring, if this is the best they could do.”
I can answer that one: “So that United can stay in business and provide you and the other flight attendants a job.”
In all likelihood, United’s action was probably a condition of the renewal of its bankruptcy financing (called “DIP financing”), which United advised its Chicago bankruptcy court yesterday that it had arranged. Private lenders and investors will not be willing to invest in United unless the pension obligation was either terminated or dramatically modified. United currently owes its pension plans an estimated $4.1 billion over the next five years.
United is big and many financial institutions have an interest in seeing that it continue as a going concern. However, United is in dire financial trouble, and at substantial risk of liquidation. Even with this latest move, it is not at all certain that United can — or should — make it.

Blakely decision prompts revised Enron indictments

The U.S. Supreme Court’s recent decision in Blakely v. Washington (prior posts here) — which has called into question the Constitutionality of both state and federal sentencing guidelines — has prompted Enron Task Force prosecutors to re-indict defendants in the two Enron criminal cases that are scheduled for trial in the near future.
The Enron grand jury this week reindicted the six people accused in what is known as the “Nigerian barge case” scheduled for trial in August before U.S. District Judge Ewing Werlein and the seven ex-Enron executives charged in the Internet broadband division case scheduled for trial in Houston federal court this October.
Included in both new indictments are allegations that each scheme caused the loss of more than $80 million, an allegation that can add years to a sentence under existing federal guidelines. The new indictments were spurred by the Blakely decision, which held that the state of Washington’s sentencing laws were unconstitutional because they only allowed judges, not juries, to consider factors that increased sentences. Some legal experts have speculated that the decision calls the Constitutionality of federal sentencing guidelines into question for the same reason.
Not explained by the Task Force in the new indictment is how the Nigerian Barge deal — which was a relatively small transaction involving about $12 million in allegedly illegal profit for Merrill Lynch — could have caused $80 million in damages to Enron.

George Mitchell funds grant for UT Alzheimer’s research

Longtime Houston oilman and real estate developer George Mitchell and his wife Cynthia have donated $2.5 million to the University of Texas Medical Branch at Galveston to fund the creation of the George P. and Cynthia Woods Mitchell Center for Alzheimer’s Disease Research, which will coordinate UTMB’s expanded research into Alzheimer’s disease. Mrs. Mitchell has suffered from Alzheimer’s over the past several years.
The new UTMB center will focus on Alzheimer’s but also will conduct research on similar degenerative neurological disorders such as Parkinson’s disease. The Mitchell donation will be combined with other donations and grants to intensify UTMB’s overall neurological research.
Although Mr. Mitchell has long been a major player in Houston independent oil and gas circles, he is best known as the developer and visionary of The Woodlands, the planned suburban community 30 miles north of downtown Houston that Mr. Mitchell started 30 years ago and which now is home to almost 100,000 residents.

Baylor threatens litigation against Methodist

The stakes in the ugly divorce between Baylor College of Medicine and The Methodist Hospital (earlier posts here) that has had medical officials in Houston’s famed Texas Medical Center chattering for months just zoomed through the roof.
As predicted here earlier, Baylor Board of Trustees Chairman Corbin Robertson Jr. sent Methodist’s board a letter on July 20 threatening legal action against the hospital if it doesn’t stop alleged illegal interference with Baylor’s medical business, putting its accreditation at risk by recruiting faculty under contract, evicting it from space, and refusing to negotiate a contract that would allot some faculty and residents to the hospital.

“Baylor and its longstanding programs at all affiliated hospitals will be damaged as a result of Methodist’s actions,” Robertson wrote in the July 20 letter. “It is our fervent desire to maintain or repair our relationship rather than engage in legal debates or worse, but you will, of course, understand the fiduciary obligation of the Baylor board to assure Baylor’s compliance with law and to safeguard our assets.”

Methodist officials reacted to the letter by calling its claims “highly offensive” and “not in the spirit of the Texas Medical Center,” and by saying they have no intention of altering their actions. The now open free-for-all between the two former institutional partners is a remarkable development within the Medical Center community, which has always prided itself on harmonious relations between its various member institutions.
The conflict between Methodist and Baylor has been escalating since the two institutions decided earlier this year to end their 50-year relationship in which Methodist served as Baylor’s primary teaching hospital for medical students and residents. St. Luke’s Episcopal Hospital is Baylor’s new primary teaching hospital, and Baylor is now building its own outpatient clinic. Methodist in turn recently entered into a relationship with Cornell University’s Weill Medical School, which is in New York.
In the wake of their split, conflicts have developed between Baylor and Methodist over a new affiliation agreement, Baylor’s use of space at Methodist, and over retention of staff and faculty physicians. After a Methodist official earlier this year stated publicly that Methodist hospital division chiefs ? most of whom also are Baylor department chairmen ? needed to choose between the two institutions, Methodist’s chief of surgery resigned from the hospital and Baylor’s chairman of pathology resigned from the college. More doctor fallout from the two institutions is expected.
Mr. Robertson’s letter focuses on rank-and-file Baylor faculty, most of whom are under contract. The letter contends that Methodist’s “aggressive recruiting” of those faculty members amounts to tortious interference with Baylor’s contractual relations.
Stay tuned on this front folks. As we say in the legal community: “Let’s get ready to rumble!”

Break’em up

Carlos Beltran went nuclear on the DBacks and Roy O pitched seven solid innings as the Stros won over the DBacks for the second game in a row, 10-3. The loss gave the DBacks their second 11 game losing streak this season. Geez, and we thought the Stros were having a tough stretch.
Beltran drove in three runs with his two yaks and Adam Everett tied his career high with four RBI. Beltran now has 10 homers in 23 games with the Stros, and 25 overall. This game was his third multi-homer game of the season, and he now has 11 in his young career. Man, I wish there was some way that Drayton could figure out a way to keep him around past this season.
Everett had a two-run tater and a two-run single before getting spiked in the eighth inning, which required him to leave the game (the injury did not appear serious). Mike Lamb replaced Everett and promptly hammered a two run yak in the ninth. Must have been something in the air around shortstop today.
Incredibly, the DBacks are now winless since the All-Star break and have lost eight straight at home. They have now lost 16 of their last 18 games. The 2001 World Series Championship is a distant memory.
Roy O picked up his fifth win in his past seven starts with a five-hit, seven K, seven-inning effort. He was dusted up by only a two-run yak that he gave up to Shea Hillenbrand in the sixth.
Finally, in personnel news, the Stros picked up Darren Oliver today from the Marlins’ scrapheap to add another limp arm (at least he’s a lefty) to the bullpen. After 4.66 ERA/-2 RSAA and 5.04 ERA/-5 RSAA seasons (RSAA explained here), Oliver is off to a 6.44 ERA/-15 RSAA start in his first 18 games (8 starts). This essentially means that the Stros are adding a lefthanded Tim Redding or Brandon Duckworth to the pitching staff. Oliver is one of those guys who has made a career out of being a mediocre lefthander. Good work if you can get it, but not exactly the shot in the arm that this Stros club needs.
The Stros now return from their quick trip to the desert with a weekend series against the Brew Crew at the Juice Box. The pitching lineup is the Rocket, Tim Redding, and then probably Pete Munro.