Showing posts with label Business. Show all posts
Showing posts with label Business. Show all posts

'Like finding lost Rembrandts'









Peter Mullin cracks open the door of a 1935 Voisin Type C25 Aerodyne at the back of the auto museum bearing his name. He points out the intricate details of a vibrant Art Deco interior, restored to its original luster.

A small ashtray hangs on the inside of each door — made from etched Lalique crystal.

Light streams into the car through three small glass windows in the fully retractable roof. A bold black and white patterned fabric covers the doors, seats and roof, sourced from the same French textile mill that wove the original fabric more than seven decades ago.

"You can see why this one is kind of the favorite," Mullin says of the C25 with a smile.

Once relegated to the scrap heap of automotive history, the Voisin brand has undergone a renaissance within the classic car world. The cars, which cost as much as a Bugatti in the 1920s and 30s, are worth millions of dollars today. They were the creation of Gabriel Voisin, a colorful yet fastidious French architect and engineer who made a fortune selling airplanes during World War I.

Mullin's navy blue and grey C25 won Best of Show at the 2011 Pebble Beach Concours d'Elegance, arguably the most prestigious prize in the classic car world. Another Voisin, a 1934 C15 ETS Saliot-bodied Roadster, won Best of Show in 2002.

When Pebble Beach Concours hosted Voisin as the featured marque in 2006, it provoked a frenzied reaction among collectors.

"It was like finding the lost Rembrandts," said Richard Adatto, an expert in classic French cars and a member of the classic car show's selection committee.

Prior to 2006, he said, no Voisin had sold for more than $1 million. After that, prices nearly doubled. Peter Mullin's C25 could be worth as much as $5 million today, said David Gooding, president and founder of the Gooding & Co. auction company. Most experts estimate there are 250 to 300 known Voisin automobiles, though they are starting to turn up as barn finds throughout Europe.

Fortunately for Mullin, he got into the brand early.

"I fell in love with the Art Deco nature of Voisin a number of years ago," Mullin said. "One by one, they found their way into the collection."

In addition to his prize-winner, Mullin owns 15 other exceptionally rare and valuable Voisin models on display at the Mullin Automotive Museum in Oxnard until the end of April. The museum is also home to dozens of gleaming prewar cars from other French marques like Bugatti, Delahaye and the odd Talbot-Lago.

Mullin, the man, owns nearly everything in the building. But the Voisin cars have become his favorite, not just for their intricate details, but because they embody the values of the man behind their nameplate.

Gabriel Voisin was a colorful figure who made a name for himself in the early 1900s as an aviation pioneer. Despite being in their mid-20s, Voisin and his younger brother Charles started the world's first aircraft company. Their early planes set several European flight records.

Gabriel Voisin kept the company open after his brother was killed in a 1912 car crash, and sold several thousand fighter planes to the French military and its allies for use in World War I.

After the war ended, a glut of planes and little demand for new ones pushed Voisin to build a machine with a more benevolent purpose. He spent roughly the next 20 years building some of the most elaborate and expensive cars of the era. The rigors of aviation engineering and attention to detail carried into Voisin's forward-thinking automobiles.

"Everything was designed all the way out," Adatto said. "Even the taillights were handmade."

Many of Voisin's cars have struts connecting the front wheel fender to the grille — like the wing struts common on aircraft from the era. The cars were largely built from lightweight materials such as aluminum or magnesium. Most cars from that time — and even today — were built from heavier steel.

Inside, the dashboard of many Voisin vehicles had gauges to show oil pressure and temperature in an era when most cars didn't even have a fuel gauge, Adatto said. A complex engine design used sleeve valves rather than the standard overhead poppet valves found on engines today.

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Stocks eke out gains as manufacturing improves












An encouraging manufacturing report nudged the stock market higher Friday, giving it a slight gain for the week, even as a deadline for avoiding sweeping government spending cuts loomed.

The Dow Jones industrial average rose 35.17 points, or 0.3 percent, to close at 14,089.66.

It was down as much as 117 points in early trading but recovered following news that U.S. manufacturing expanded in February at the fastest pace since June 2011. The Institute for Supply Management said its manufacturing index reached 54.2, up from January's reading of 53.1. Any reading above 50 signals growth.

President Barack Obama summoned congressional leaders to the White House for a meeting aimed at avoiding the $85 billion in across-the-board spending cuts set to kick in Friday. The cuts are part of a 10-year, $1.5 trillion deficit reduction plan that was designed to be so distasteful to both Democrats and Republicans that they would be forced to drum up a longer-term budget deal.

Any agreement between the White House and Congress on the spending cuts could drive the market up next week, regardless of whether investors consider it a good deal or not, said Stephen Carl, head equity trader at The Williams Capital Group in New York.

“The lack of clarity is the problem,” he said. “I think it will be a positive for the market just as long as there's concrete news.”

In other Friday trading, the Standard & Poor's 500 index rose 3.52 points, or 0.2 percent, to 1,518.20. The Nasdaq composite gained 9.55 points, 0.3 percent, to 3,169.74.

All three indexes ended higher for the week: The Dow rose 0.6 percent, the S&P 500 and Nasdaq each rose about 0.2 percent.

The Dow came within 15 points of its record close of 14,164 on Thursday before sliding back and ending the day lower.

Oil and gas companies fell Friday as the price of crude sank to its lowest level of the year. Halliburton, Peabody Energy and other energy stocks were among the biggest losers in the S&P 500. Benchmark U.S. crude oil dropped below $91 a barrel.

Americans' incomes fell 3.6 percent in January, the worst one-month drop in 20 years, the Commerce Department said Friday. U.S. consumers increased spending modestly in January but cut back on major purchases. The report suggests that the expiration of tax cuts on Jan. 1 may have made Americans more cautious.

Unemployment across the 17 European Union countries that use the euro currency hit a record 11.9 percent during January. That drove money into U.S. Treasurys, pushing their prices up and their yields down.

The yield on the 10-year Treasury note fell to 1.85 percent from 1.88 percent late Thursday.

Among other stocks making big moves:

— Gap added 95 cents to $33.87. The retailer said late Thursday that its quarterly profits jumped 61 percent, topping analysts' estimates, helped by better sales at its Old Navy stores. Gap also raised its quarterly dividend to 15 cents.

— Best Buy Co. rose 75 cents to $17.16 after the retailer said that its fourth-quarter loss narrowed as better sales in the U.S. helped offset weakness abroad, particularly China and Canada.

— Groupon jumped 13 percent following news that CEO Andrew Mason was fired. The online deals company's stock plunged 24 percent Thursday after the company delivered a weak revenue forecast for the current quarter. Its stock gained 57 cents to $5.11

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Moving, slowly, toward a la carte cable








The cable company Cablevision says it's just looking out for consumers in its lawsuit against Viacom, owner of MTV and Nickelodeon, over bundled programming packages that drive monthly bills higher.


And the company is correct — to a point.


Cablevision Systems Corp. alleges that Viacom Inc. is violating federal antitrust laws by requiring cable and satellite companies to carry less popular channels in return for paying a reasonable price for the good stuff. In other words, if a cable company wants Comedy Central at a fair price, it also has to take Teen Nick.






The lawsuit is a direct assault on an industry practice that forces the average cable or satellite subscriber to pay for dozens, possibly hundreds, of channels they may never watch. According to the ratings company Nielsen, the typical cable subscriber watches only about 17 channels on a regular basis.


"The manner in which Viacom sells its programming is illegal, anti-consumer and wrong," Cablevision said. "Viacom effectively forces Cablevision's customers to pay for and receive little-watched channels in order to get the channels they actually want."


Well, well, well. Sure sounds as if the nation's fifth-largest cable company, operating primarily on the East Coast, is saying the same thing I've been saying for years: Cable and satellite subscribers should pay only for the channels they want.


Or is it?


After the lawsuit was announced this week, I spoke with Charlie Schueler, Cablevision's executive vice president of communications. I asked what a legal win for the company would mean for Cablevision subscribers.


Would it mean lower bills? Would it mean so-called a la carte programming — that is, allowing subscribers to pick their own channel lineup from a menu of options?


"Without forced bundling," Schueler said, "cable providers could tailor smaller and lower-priced packages to specific audiences."


OK, but that basically means customers would still have to buy a package of channels, rather than pick the channels they want.


"We would offer more flexibility to customers," Schueler replied. "We would favor anything that offers broader choices and flexibility for customers."


But you're not saying the words. Will you offer a la carte programming?


"Choice and flexibility are the words I'll offer."


Cablevision's lawsuit against Viacom is a step in the right direction. Props to the company for trying to unravel the fat bundles that programmers such as Viacom, Fox and Disney force down the throats of distributors, which then pass them and the higher fees along to us.


If bundles do indeed violate antitrust law, all cable and satellite companies would be able to renegotiate their programming contracts to allow customers to pay for, say, Disney's ESPN and ditch the company's Military History channel.


But here's the thing about Cablevision's plan for smaller packages: You'd still have to pay for channels you may not want.


It's as if Hearst Magazines could make you buy Redbook if all you wanted was Road & Track.


Other cable and satellite companies have voiced support for Cablevision's legal broadside against Viacom.


"We frequently have pointed out that there are serious problems with the current programming environment," Time Warner Cable said. "We think this lawsuit raises important issues, and we look forward to their resolution in the courts."






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Bernanke says Fed's bond purchases are needed to boost economy









Facing criticism from Republican lawmakers, Chairman Ben Bernanke stood behind the Federal Reserve's low-interest-rate policies and sought to reassure members of Congress that the central bank has a handle on the risks.


In his second day of testimony on Capitol Hill, Bernanke told members of the House Financial Services Committee on Wednesday that the Fed's bond purchases are needed to boost a still-weak economy and that they have helped create jobs for average Americans.


The bond purchases are intended to lower long-term interest rates. That encourages more borrowing and spending, which generates growth.





Still, some Republicans warned that by continually pumping more money into the financial system, the bond purchases could eventually ignite inflation.


"We have gone too far in monetary policy and the monetary easing, and it is, in this member's opinion, time to pull back," said Rep. Gary G. Miller (R-Diamond Bar).


Bernanke said the Fed is weighing the costs and benefits of its bond purchases. He noted that the Fed has a dual mandate: to both maximize employment and maintain low inflation.


His remarks during his semiannual monetary report to Congress largely repeated comments he made a day earlier to a Senate panel.


The Fed chairman argued that the Fed's low-interest-rate policies are giving crucial support to an economy still burdened by high unemployment. He also acknowledged the risks of keeping rates low indefinitely. But he expressed confidence that such risks pose little threat now and gave no signal that the Fed might shift away from those policies.


The aggressive program to buy $85 billion a month in Treasurys and mortgage bonds had kept borrowing costs low, he said. And that, in turn, has helped strengthen sectors such as housing and autos, he said. Still, unemployment remains high at 7.9%.


Bernanke rejected a suggestion by Rep. John Campbell (R-Irvine) that the Fed's policies were mainly helping the federal government with its borrowing needs and big banks and foreign governments.


"This is very much focused at the average American citizen," Bernanke said. "Our estimates are that we've helped create many private-sector jobs.… People are able to buy houses at very low mortgage rates, refinancing at low mortgage rates. People are able to get car loans at low rates."


The low borrowing costs have boosted demand, Bernanke said, and that has helped to lift home prices, making homeowners feel more financially secure.


"In a lot of dimensions, we have, I think, benefited Main Street and that's certainly our objective," Bernanke said.





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DreamWorks Animation takes $87 million write-down on 'Guardians'









DreamWorks Animation SKG said it would take an $87-million charge on last year's holiday movie "Rise of the Guardians," marking the largest write-down the studio has ever taken for one of its own movies.


Analysts had estimated that the studio would take a write-down of from $70 million to nearly $100 million on the film, which represented a rare box-office misfire for DreamWorks, creator of the popular "Shrek," "Kung Fu Panda" and "Madagascar" films.

"Rise of the Guardians," which cost about $145 million to make, has generated $302 million in global box-office ticket sales since its debut in late November, well short of a typical DreamWorks Animation movie.


IN CASE YOU MISSED IT: Oscars 2013:  Winner list | Red carpet | Highlights





The film -- about a group of folk heroes, including the Tooth Fairy and Santa Claus, who join forces to protect children from an evil nemesis -- faced tough competition during a record Thanksgiving weekend at the holiday box office, losing business to "Lincoln," "Life of Pi," "Twilight: Breaking Dawn Part 2," "Skyfall" and Disney's animated hit "Wreck-It Ralph."


"While 'Rise of the Guardians' did not achieve the level of box-office success that we have come to expect from a DreamWorks Animation film, we have made several changes to our future slate that we believe will position us well for the next two years,” said Jeffrey Katzenberg, chief executive of DreamWorks Animation. "We are now looking ahead to our next release -- and our first under our new distribution agreement with 20th Century Fox -- 'The Croods' on March 22, 2013.”


"Rise of the Guardians" was the studio's biggest money-loser since 2006's "Flushed Away," co-produced with British-based Aardman Animations. DreamWorks took a $109-million write-down on that movie.


DreamWorks also said it took a fourth-quarter charge of $54 million related to the company's decision to return "Me & My Shadow" back to development, a write-off of a number of other development projects in the amount of $20 million and a charge of $4.6 million related to restructuring activities. The studio has already taken steps to lay off up to 20% of its workforce following the decision to shelve production of "Me and My Shadow."


As part of the changes, DreamWorks shifted the release date for its movie "Mr. Peabody & Sherman" from Nov. 1 to March 7, 2014, at the recommendation of its new distributor, 20th Century Fox.


Removing one of three movies from its slate this year increased pressure on the studio to cut costs to make up for the reduced business.


As a result of the charges, the company reported a net loss of $82.7 million, or $.98 cents a share, in the fourth quarter, on revenues of $264.7 million. For the year, DreamWorks reported total revenue of $749.8 million and a net loss of $36.4 million, or a loss of $0.43 per share.


ALSO:


DreamWorks Animation plans staff cuts


Analyst predicts $96 million write-down for 'Rise of the Guardians'


DreamWorks Animation shares fall after poor debut for 'Rise of the Guardians'







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Bank of America should just play the tape of disputed sales call








It's perhaps not so surprising that a Bank of America customer discovered recurring payments on his credit card bill for a service he swears he never signed up for. This kind of thing happens a lot.


What is surprising is that BofA told the customer to pound sand when he requested proof that he authorized the bank by phone to enroll him in its Credit Protection Plus program, which came with a $212.50 monthly charge.


BofA's stance: Trust us, we're right. We have nothing to prove.






This didn't sit well with Craig Chatfelter, 60, of Lake Hughes after he realized he'd paid more than $4,000 in Credit Protection Plus charges over 19 months — and, yes, he blames himself in part for not having kept closer tabs on his card statements.


"When you phone Bank of America, they say they record all calls," he told me. "OK, so play me the tape. Show me the proof that I really signed up for this.


"I'd never sign up for anything like this," Chatfelter insisted. "Never in a million years. I'm self-employed. I don't sign up for anything that comes with extra fees."


Betty Riess, a BofA spokeswoman, acknowledged that "this is not the type of experience we want customers to have."


However, she was less forthcoming when it came to addressing Chatfelter's reasonable request for proof of his enrollment in the bank's program. More on that in a moment.


Chatfelter, who works as a real estate appraiser, remembers being pitched by the bank for Credit Protection Plus, which can cancel up to 18 monthly credit card payments if you lose your job or are hospitalized.


"They had contacted me because there was an unauthorized payment on my account," he said. "They had me change my card number, which I did."


During the same call, a BofA service rep asked if Chatfelter wanted to sign up for credit protection. He said he declined the offer.


Months passed. It wasn't until last March that Chatfelter noticed the $212.50 charge on his bill. He accepts that he should have spotted it sooner, but said that, like many people, he seldom looked closely at his statement.


Whatever the case, once Chatfelter realized that he'd paid $4,037.50 for the unwanted service, he contacted the bank and canceled his membership in the program. Then he asked for a refund.


A service rep promptly offered to give back six months' worth of payments, or $1,275, which the bank did. The remainder would depend on the outcome of an investigation by the bank.


In April, Chatfelter was informed that "the records maintained by Bank of America indicate that you enrolled for this protection during a customer service call on Sept. 3, 2010."


The bank's records also indicated that Chatfelter was mailed a "welcome package" spelling out the details of the plan.


He wasn't impressed. Chatfelter contacted the bank again to reiterate that he'd never agreed to enroll in the program and that he didn't recall any "welcome package." He once again asked for all his money to be refunded.


In June, BofA sent a letter stating that its records indicated that Chatfelter enrolled in the credit-protection program on Sept. 6, 2010 — three days later than the bank stated in its prior correspondence.


The bank said that it had refunded $1,275 as "a one-time goodwill courtesy" and that "this adjustment is not to be construed at any time or for any purpose as an admission of liability on our part."


"We consider this matter settled," BofA said in its letter to Chatfelter.






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Jason Bateman gives Ernest Borgnine's estate a new identity

Markus Canter and Cristie St. James, who share the title luxury properties director at Prudential in Beverly Hills, like Jason Bateman's real estate sense. The actor got privacy, potential and a knoll location for $3 million.









Actor Jason Bateman and his wife, actress Amanda Anka, are dropping anchor in the Beverly Crest area with the purchase of the estate of Ernest Borgnine for $3 million.


The gated country English compound sits on a half-acre knoll. The 6,148-square-foot home features a formal entry hall, a grand staircase, a paneled library, an office, a den, six bedrooms and seven bathrooms. There is a guesthouse and a swimming pool.


Bateman, 44, stars in the comic film "Identity Thief," released this month. He is known to generations of TV viewers for his roles in "Arrested Development" (2003-present) and "Valerie," later retitled "The Hogan Family" (1986-91). Anka, 44, has appeared in "Bones" (2008), "Notes From the Underbelly" (2007) and "Beverly Hills, 90210" (1996).








Borgnine, who died last year at 95, is remembered for his Oscar-winning performance in "Marty" (1955) and his work in the title role as commander of a madcap crew in the sitcom "McHale's Navy" (1962-65). Until 2011 he was the voice of Mermaidman on "SpongeBob SquarePants."


The estate came on the market in October for the first time in 60 years priced at $3.395 million.


Billy Rose, Paul Lester and Aileen Comora of the Agency in Beverly Hills were the listing agents. Richard Ehrlich of Westside Estate Agency represented the buyers.


Where pair spent days of their lives


Soap star Peter Reckell and his wife, singer Kelly Moneymaker, have sold their custom-built, eco-friendly home in Brentwood for $3.35 million.


Before building the 3,345-square-foot house, the couple had the existing home on the site torn down, crated and shipped to Mexico for reuse by Habitat for Humanity. Then they designed and built a three-bedroom, four-bathroom contemporary that uses solar power.


Green elements include a photovoltaic system with battery backup, skylights, recycled glass terrazzo floors with radiant heating, recycled denim and organic cotton insulation, bamboo cabinets and doors, a roof garden and a water reclamation system.


A temperature-controlled wine cave and a recording studio are among other features.


Along with an indoor/outdoor koi pond, a meditation fountain and a solar infinity pool, outdoor amenities include a 16th century East Indian temple that was turned into a pavilion.


"This is my sanctuary," Reckell said. It frames views of the Santa Monica Mountains Conservancy.


Reckell, 57, played Bo Brady on "Days of Our Lives" from 1983 through last year. The show began in 1965. He also appeared in "Knots Landing" (1988-89). He is an avid environmentalist and bikes to work.


Moneymaker, 42, is a former member of the music group Exposé. She was inspired to build an environmentally friendly home because the carpet and other elements in the old house bothered her allergies and affected her voice.


Public records show they bought the property in 2003 for $1.14 million.


Daniel Banchik of Prudential's West Hollywood office was the listing agent. Scott Segall of John Aaroe Group represented the buyer.


Another rock owner for home


Hard Rock Cafe co-founder Peter Morton has made his mark on L.A.'s real estate scene of late, buying the old Elvis Presley estate in Beverly Hills at year-end for $9.8 million.


But flying under the radar was his bigger off-market purchase midyear for a property in Bel-Air at $25 million, public records show. Area real estate agents not involved in the transaction say Morton plans to take down the existing home and build another on the site. The estate had belonged to Joseph Farrell, who founded National Research Group Inc. in 1978 and brought market testing to Hollywood. Farrell died in December 2011.





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Jason Bateman gives Ernest Borgnine's estate a new identity

Markus Canter and Cristie St. James, who share the title luxury properties director at Prudential in Beverly Hills, like Jason Bateman's real estate sense. The actor got privacy, potential and a knoll location for $3 million.









Actor Jason Bateman and his wife, actress Amanda Anka, are dropping anchor in the Beverly Crest area with the purchase of the estate of Ernest Borgnine for $3 million.


The gated country English compound sits on a half-acre knoll. The 6,148-square-foot home features a formal entry hall, a grand staircase, a paneled library, an office, a den, six bedrooms and seven bathrooms. There is a guesthouse and a swimming pool.


Bateman, 44, stars in the comic film "Identity Thief," released this month. He is known to generations of TV viewers for his roles in "Arrested Development" (2003-present) and "Valerie," later retitled "The Hogan Family" (1986-91). Anka, 44, has appeared in "Bones" (2008), "Notes From the Underbelly" (2007) and "Beverly Hills, 90210" (1996).








Borgnine, who died last year at 95, is remembered for his Oscar-winning performance in "Marty" (1955) and his work in the title role as commander of a madcap crew in the sitcom "McHale's Navy" (1962-65). Until 2011 he was the voice of Mermaidman on "SpongeBob SquarePants."


The estate came on the market in October for the first time in 60 years priced at $3.395 million.


Billy Rose, Paul Lester and Aileen Comora of the Agency in Beverly Hills were the listing agents. Richard Ehrlich of Westside Estate Agency represented the buyers.


Where pair spent days of their lives


Soap star Peter Reckell and his wife, singer Kelly Moneymaker, have sold their custom-built, eco-friendly home in Brentwood for $3.35 million.


Before building the 3,345-square-foot house, the couple had the existing home on the site torn down, crated and shipped to Mexico for reuse by Habitat for Humanity. Then they designed and built a three-bedroom, four-bathroom contemporary that uses solar power.


Green elements include a photovoltaic system with battery backup, skylights, recycled glass terrazzo floors with radiant heating, recycled denim and organic cotton insulation, bamboo cabinets and doors, a roof garden and a water reclamation system.


A temperature-controlled wine cave and a recording studio are among other features.


Along with an indoor/outdoor koi pond, a meditation fountain and a solar infinity pool, outdoor amenities include a 16th century East Indian temple that was turned into a pavilion.


"This is my sanctuary," Reckell said. It frames views of the Santa Monica Mountains Conservancy.


Reckell, 57, played Bo Brady on "Days of Our Lives" from 1983 through last year. The show began in 1965. He also appeared in "Knots Landing" (1988-89). He is an avid environmentalist and bikes to work.


Moneymaker, 42, is a former member of the music group Exposé. She was inspired to build an environmentally friendly home because the carpet and other elements in the old house bothered her allergies and affected her voice.


Public records show they bought the property in 2003 for $1.14 million.


Daniel Banchik of Prudential's West Hollywood office was the listing agent. Scott Segall of John Aaroe Group represented the buyer.


Another rock owner for home


Hard Rock Cafe co-founder Peter Morton has made his mark on L.A.'s real estate scene of late, buying the old Elvis Presley estate in Beverly Hills at year-end for $9.8 million.


But flying under the radar was his bigger off-market purchase midyear for a property in Bel-Air at $25 million, public records show. Area real estate agents not involved in the transaction say Morton plans to take down the existing home and build another on the site. The estate had belonged to Joseph Farrell, who founded National Research Group Inc. in 1978 and brought market testing to Hollywood. Farrell died in December 2011.





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Fewer Americans are stuck in underwater mortgages









Nearly 2 million Americans got out of negative equity positions as home prices rose last quarter, according to new estimates.


Negative equity fell to 27.5% of all U.S. homeowners with mortgages in last year's fourth quarter, compared with 31.1% during the same period a year earlier, according to data from real estate website Zillow.


"Underwater" homeowners -- those who owe more on their mortgages than their homes are worth -- have played a counterintuitive role in the housing market’s recovery, helping boost home prices in an unexpected way.





Rather than walking away from their properties en masse, many of these borrowers have continued paying their home loans, even when they are stuck in high-interest-rate loans.


As foreclosures have eased, for-sale inventory has plummeted. In many markets, the level of competition for a home is now so severe, it’s reminiscent of the bubble days.


“Freed from negative equity, homeowners will have more flexibility, and some will likely choose to list their home for sale, helping to ease inventory constraints and moderating sometimes dramatic, demand-driven price increases in some markets,” said Stan Humphries, chief economist for Zillow.


“But negative equity is still very high,” Humphries said, “and millions of homeowners have a very long way to go to get back above water, even with current robust levels of home value appreciation in most areas.”


Some experts are predicting the supply constraint will remain in place this spring, when the traditional home-selling season kicks off.


According to estimates by Zillow, about 13.8 million homeowners were still underwater on their homes in the fourth quarter of 2012. That was down from 15.7 million a year earlier.


U.S. homeowners with mortgages were collectively underwater by more than $1 trillion at the end of 2012.

Home prices are rising rapidly in the West, and Zillow forecasts that of the nation’s biggest metro areas, Los Angeles -- which includes Los Angeles and Orange counties -- will produce the most homeowners freed from negative equity, with 72,696; followed by the Inland Empire, with 62,407; Phoenix, with 43,044; and Sacramento, with 33,356.


The Los Angeles area has a lower percentage of borrowers underwater -- 24.3% -- than the national average. The Inland Empire has about 43.8% of mortgage holders underwater.


ALSO:


2012 was a banner year for housing affordability


One-third of U.S. homeowners have no mortgage


Banks step up efforts to forgive mortgage debt in California





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Former peanut company execs indicted in 2009 recall









A federal grand jury, investigating one of the largest food-related recalls ever, indicted four executives at the now-defunct Peanut Corp. of America, accusing them of knowing that their products were tainted with salmonella bacteria, covering up the evidence and selling the food anyway.


The 76-count criminal indictment, disclosed Thursday, accused the four of engaging "in multiple schemes to defraud the company's customers."


Named as defendants were the former president, Stewart Parnell; his brother Michael, a food broker representing the company; Samuel Lightsey, operations manager at the company's Blakely, Ga., plant; and Mary Wilkerson, the plant's quality-assurance manager.





Peanut butter, roasted peanuts and other items prepared at the plant were linked to a 2009 salmonella outbreak that sickened more than 700 people in 46 states and may have contributed to nine deaths, including that of 80-year-old Clifford Tousignant.


"I didn't think there'd ever be any criminal charges filed. It was something I had pretty much given up on," said his son, Lou Tousignant of Walnut Creek, Calif. "I'm a little emotionally shot, but it's a pretty good day."


The four executives allegedly failed to keep rodents and insects out of the Blakely plant, continued to ship products even when testing showed salmonella contamination, fabricated quality-assurance labels and lied to and misled investigators once the outbreak occurred, according to the Justice Department.


The peanut recall affected thousands of products made since 2007, including cookies, cereal and even pet treats, according to the Food and Drug Administration.


The Justice Department "will not hesitate to pursue any person whose criminal conduct risks the safety of Americans who have done nothing more than eat a peanut butter and jelly sandwich," said Stuart F. Delery, who heads the department's Civil Division.


Lawyers for three of the defendants couldn't be reached for comment. Lightsey's attorney, Jim Parkman, said he and his client were "ready to get to the rest of the story."


Felony charges of this scope are "unusual" in food-related cases, said Carl Tobias, a law professor at the University of Richmond.


"Often, something goes awry due to a mistake or some kind of negligence," he said. "In this case, the government believes profits were put ahead of the public's safety."


Food safety lawyer William D. Marler said the indictments will have a "far-reaching impact on the food industry."


"Corporate executives and directors of food safety will need to think hard about the safety of their product when it enters the stream of commerce," he said.


The Parnell brothers and Lightsey are charged with mail and wire fraud, conspiracy and introduction of adulterated and misbranded food into interstate commerce with the intent to defraud or mislead. Stewart Parnell, Lightsey and Wilkerson, who served in several positions, are charged with obstruction of justice.


The indictment was unsealed Wednesday but not disclosed publicly until Thursday.


A former employee, Daniel Kilgore, pleaded guilty to several charges, the Justice Department said.


Lightsey attorney Parkman said he and his client have "been waiting for years for something to happen" on the case.


"We're really glad that finally we're seeing the light at the end of the tunnel, and we're relieved that now we can finally get to these accusations and get into court and show what took place as far as he was concerned," Parkman said.


Peanut Corp. of America filed for bankruptcy protection soon after the salmonella outbreak and no longer operates.


tiffany.hsu@latimes.com





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1928 commercial building in Beverly Hills fetches $11.75 million









An 85-year-old Beverly Hills building erected in the golden age of Hollywood by movie mogul Jack Warner has been sold for $11.75 million to a local investor.


The two-story structure that curves along Little Santa Monica Boulevard downtown at North Beverly Drive is one of the oldest commercial properties in the city, real estate broker Mark Esses said. Warner built the 11,000-square-foot building in 1928 to house the Beverly Hills Chamber of Commerce.


The young city had yet to open a public library, The Times reported early in 1929, but one was being planned. A post office was also in the works, and by the mid-1930s the city had both. Beverly Hills' landmark Spanish Renaissance-style City Hall opened in 1932.





Warner, the president of Warner Bros. Studios, was one of many Hollywood luminaries who brought glamour to Beverly Hills after Douglas Fairbanks and Mary Pickford built their legendary Pickfair estate there in 1919. Warner's estate on Angelo Drive was larger than Pickfair and had a nine-hole golf course.


"Back then, Jack Warner was a king," said Esses of California Realty Group.


The seller of the former Chamber of Commerce building, now known as the Marian Building, was Byer Properties of San Francisco, Esses said. Marian is the first name of the wife of Byer family patriarch Allan Byer, owner of clothing manufacturer Byer California and part owner of the San Francisco Giants baseball team.


The buyer was Behruz "Bruce" Gabbai, according to public records and real estate data provider CoStar group. The Beverly Hills resident was a founder of wholesale supply company Four Seasons General Merchandise Inc. of Los Angeles.


A Johnny Rockets diner on the ground floor has closed and will be replaced with a "well known" restaurant, Esses said.


There were multiple bidders for the property, and the price surpassing $1,000 a square foot is one of the highest in recent memory, he said. Pre-recession prices in Beverly Hills topped out around $500 a square foot.


"There are not many boutique buildings from the late 1920s left in Beverly Hills," Esses said. "Maybe just a handful."


Downey firm rushing to get N.J. casino ready for tourist season


The low-profile Downey company that is buying the aging landmark Trump Plaza hotel and casino in Atlantic City, N.J., for a bargain-basement $20 million is scrambling to improve the place and get a gaming license in time for the warm-weather tourist season, a company executive said.


The Meruelo Group, which got its start selling pizzas in Latino neighborhoods in Southern California, has expanded into numerous businesses, including construction, engineering, real estate and private equity. Now it intends to become a player in the gaming industry, President Xavier Gutierrez said.


The acquisition of Trump Plaza was announced last week and is expected to close in May.


Meruelo Group already owns the Grand Sierra Resort & Casino in Reno, which has helped prepare the company to take on the challenge of restoring Trump Plaza's luster, Gutierrez said.


Long-term improvements could cost $100 million. Changes might include connecting the property to a nearby open-air outlet mall and making it over with an Asian theme.


"The Trump name has to come off this year," Gutierrez said, but a new name has yet to be selected.


Developer Donald Trump built the 900-room hotel and casino at a cost of $210 million and opened it to fanfare in 1984. It struggled in recent years despite its central spot on the famous Boardwalk and has been one of the worst-performing casinos in Atlantic City in terms of revenue.


Troubled properties in prime locations are at the top of the Meruelo Group's shopping list, Gutierrez said. The company's strategy is to invest in physical improvements and endeavor to improve operations to create profits. In New Jersey, the company has to decide quickly what to do first to make Trump Plaza better this spring.


"We're trying to figure out how to get the biggest bang for our buck in the next 90 days," he said.


Atlantic City has suffered from the rise of competition from Indian casinos and other gambling outlets, but Gutierrez predicts the city will come back into favor.


"It's a great destination getaway" for New Yorkers and other Easterners, he said. "There are still very few places where you can go to casinos on the seaside."


O.C.'s largest apartment complex is set to open


Orange County's largest developer is about to open Orange County's largest apartment complex.


The Irvine Co. will open the first phase of Los Olivos Apartment Village on March 2. The 1,750-unit complex is connected by a walkway to Irvine Spectrum Center, a regional mall and entertainment center developed by the Irvine Co.


Los Olivos is built in early California architecture and has six saltwater swimming pools, four fitness centers and a central "great lawn," the company said. The entire complex will be complete by the end of next year. Rents will range from $1,650 to $2,950 a month.


As Orange County renters know well, nine of the 10 largest apartment complexes in Orange County are owned by the Irvine Co.


roger.vincent@latimes.com





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A crucial step toward retirement security for the working class








It's amazing, and depressing, when political compromise functions only to throw obstacles in the way of ideas that bring the greatest good to the greatest number of people.


Today's example: the long, tortuous road to bringing more retirement security to working-class Californians.


In September, the state launched a plan to enable these workers to put aside about 3% of their wages a year for retirement. As enacted by the Legislature and signed by Gov. Jerry Brown, the program's goals would be modest indeed.






The best thing about the plan is that it would allow workers to build up retirement stakes at low cost and low risk; their contributions would be pooled with other enrollees' for the purpose of making investments, which would cut down on fees. Workers would be signed up automatically, though they could opt out at any time. They'd be protected against the loss of their contributions and guaranteed a modest investment gain — say about 3% over inflation. When they retire, their nest eggs would be turned into annuities designed to last to the end of their lives, presumably at a conversion cost lower than they might incur in the commercial annuity market.


There would be no cost to state taxpayers. Employers with five or more workers would be required to offer the plan to their workforce and to allow contributions to be withheld through their payroll systems, as they do for taxes. They'd be free of any other legal or administrative burdens.


It's a great deal. It's also necessary, given the decades-long assault on employer-sponsored defined-benefit pensions, which were once an important pillar of retirement security for average Americans. "This could be a real model for the nation," Karen Friedman, policy director at the Pension Rights Center in Washington, told me.


But it's going to take at least two more years to get off the ground, which is ridiculous. That's chiefly because the legislation requires that a feasibility study be done first to determine the demand for such a plan and the best way to avoid sticking taxpayers with the costs of an investment guarantee, and a few other details. The kicker is that the feasibility study has to be financed from privately raised funds, and that takes time.


"I'm going door to door in Echo Park to get people to chip in dollars," says the plan's creator, state Sen. Kevin de León (D-Los Angeles). He'll soon widen his appeal to big unions in the hope of more rapidly amassing the $500,000 or more he'll need to finance the study. As it stands now, he hopes to start the study next year and get the program launched in 2015. But he says the privately financed study was the price of securing Brown's support.


You may ask why the state should step in and help workers obtain pensions. The answer is that fewer and fewer employers offer pension plans of any sort. The problem is acute among mid-size and small businesses, and even worse among those with relatively low-paid workforces.


A 2011 conference at Berkeley found that California does poorly by its working class according to this measure. Nearly half of all the state's workers aren't offered retirement plans at work, and only 44% participate even if they have the opportunity.


"If we don't get these people into a retirement savings mode, we are going to have a retirement insecurity tsunami," De Leon says. "Folks are going to retire when their arms, their legs, their shoulders give out, and they'll only have Social Security because they'll have built up no assets over time. There's nothing for working folks."


It's fashionable nowadays to portray retirees as an affluent class, doing much better financially than their offspring currently in the workforce. The goal is to promote the idea that it's OK to hack away at Social Security and Medicaid because our plutocratic seniors can suck up the cuts. This is a dangerous fantasy promulgated by congressmen and Washington pundits who will never have to fear landing on the wrong side of the miscalculation.


The truth is that today's retirees are the last beneficiaries of a bygone world, as Jacob Hacker, a political scientist at Yale University, observed at the Berkeley meeting. A quarter-century ago, 80% of large and mid-size employers offered a defined-benefit pension, the model that imposed the least risk on the worker and supplied the longest-lasting retirement income stream. Today that figure is about 30%. Some of those plans have been replaced by 401(k)-style plans, to which workers contribute out of their wages (sometimes supplemented by the employer) and then cross their fingers that their investment choices will yield decent returns over the decades.


These are a thin reed, however. The vast majority of workers don't contribute the maximum permitted, or even enough to build up a secure nest egg; the median 401(k) balance for households approaching retirement is only about $60,000, which will barely be enough to flavor the potatoes over an average post-career life span — and that's among households that have any 401(k) at all (fewer than 70%, according to researchers at Boston College).


Don't forget that many of today's seniors cashed in historic gains in asset values before retirement, including their homes and stock portfolios. We haven't begun to see the full effect of the housing crash and two successive stock market crashes on the wealth profile of newly retiring workers; but we can be sure that it will be ugggggly.


"Since World War II, we've never had a cohort that did worse in retirement than the cohort before," says Teresa Ghilarducci, a retirement expert at the New School for Social Research who participated in the Berkeley meeting. That's about to change.


The California program is the first gingerly attack on that dismal trend line. De Leon has worked carefully around the possible pitfalls — he's made several visits to Washington to get the Internal Revenue Service to certify that contributions will be tax-exempt, as are 401(k) contributions. He's also seeking an agreement from the Labor Department that the plan will be exempt from ERISA, the paperwork-heavy law safeguarding pension plans sponsored by employers. (That's why California won't accept employer contributions.) Most experts think the program will get the agency's green light.


The plan is aimed at low-income workers, the group with the lowest participation rate in 401(k)s and the smallest nest eggs of any kind. The minimum investment guarantee would be set low enough that the pool's investments could be low-risk and the chances of missing the mark over the course of a career's contributions would be almost nil. Any residual risk of falling short would be covered by an insurance policy to be purchased by the program's board, not by the taxpayers. The state's role would be limited to pooling all the contributions to keep costs down, though every participant would have a claim on his or her individual account.


This won't make anyone rich. But for many working-class retirees it would be an important supplement to Social Security, which today pays an average retirement stipend of $1,230 a month. It's the first step toward restoring the retirement security that used to come from defined-benefit pensions, especially for the working class.


"It's not as good as a good defined-benefit plan," says Monique Morrissey, an economist at the progressive Economic Policy Institute, a Washington think tank, "but better than what they have now."


She says government guaranteed programs like California's are a hot topic in the pension community right now. "Everyone's trying to figure out something workable."


Massachusetts is developing a plan to cover employees of small nonprofits, and Oregon and Connecticut are considering their own programs.


De Leon says he's amazed that his unassuming first step is being hailed in Washington as a breakthrough, even before all the Ts are crossed and the I's dotted. That speaks volumes about how Congress has ceased even to pretend to care about the American worker.


"When people there tell me I've done more to advance this idea than anyone in the nation," he says, "it's a little surreal."


Michael Hiltzik's column appears Sundays and Wednesdays. Reach him at mhiltzik@latimes.com, read past columns at latimes.com/hiltzik, check out facebook.com/hiltzik and follow @latimeshiltzik on Twitter.






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Chinese car companies likely Fisker Automotive investment partners









Fisker Automotive Inc. has what it is calling “detailed proposals” from several investment partners that could save the maker of expensive hybrid sports cars.


The Anaheim company behind the $110,000 Karma plug-in hybrid sports car has previously said it needs about $500 million to launch a second, less expensive model, which would be made at a factory in Wilmington, Del.


Fisker ran into a cash crunch after the federal government froze a Department of Energy loan to the company and its battery maker went bankrupt.





“We can only confirm that the company has received detailed proposals from multiple parties in different continents," the company said in a statement, "which are now being evaluated by the Company and its advisors.”


A deal could be reached in March.


Previously reported potential partners include Geely Auto, the Chinese company that owns Volvo, and Wanxiang Group, another Chinese company, which recently purchased battery maker A123 Systems out of bankruptcy. A123 builds the lithium-ion battery that goes into Fisker’s cars.


Fisker also is in talks with Wanxiang to start purchasing batteries again. But for now, production of the Karma, which is built in Finland, has been halted until the automaker secures a battery supply. The company had built up an inventory of cars prior to A123’s bankruptcy and there are cars still for sale at dealerships in the U.S. and Europe.


The automaker is looking for funds to restart work on the Atlantic, a $55,000, four-door rechargeable sports sedan that Fisker sees as a higher-volume model that would have a broader market.


Work on the Atlantic came to a halt last year when the federal government suspended a $529-million loan after delays in the introduction of the Karma. Fisker had drawn down about $192 million of the loan.


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Follow me on Twitter (@LATimesJerry), Facebook and Google+.





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A secret agent reveals her secrets of success









The prospect of a business book written by a former CIA officer fills one with dread at the inevitable 007 anecdotes and labored corporate parallels.

But "Work Like a Spy: Business Tips From a Former CIA Officer," published by Portfolio, turns out to be rather different. There are no gadgets, few cloaks and fewer daggers: Instead it is a bracingly realistic book about people at work. It is short. It is sharp. Better still, it is sensible.

It is also about spying, though only enough to lend a sprinkle of glamour and danger. The book jacket photo shows author J.C. Carleson, an undercover agent for eight years, looking like a real-life Carrie from "Homeland" — without the blond hair and the bipolar disorder.








Yet her stories from the field are as much blunder as conspiracy. The book opens with the heroine as a young case officer in an armed convoy in Iraq. It is 2003 and she is going to inspect a plant that the U.S. is convinced makes biological weapons. They disarm the guards and terrify everyone — only to discover it is a salt factory.

"Salt. (Insert your own expletive of choice here.) Salt!" she writes.

Carleson assures us that not all CIA work is suitable for general adoption: The threatening, lying, trapping, cheating, misleading and detaining that go with the territory should not be tried in the office.

But the spy can teach the general manager about human nature. Spies are simply better at observing people because they have spent more time practicing and because the stakes are too high to screw it up.

By comparison, the rest of us are pretty hopeless, only we don't know it. Reluctantly, I have started to reappraise my own view of myself as a brilliant judge of character and admit that such a belief is a liability.

I've just tried the following exercise: Pick a stranger and try to guess their education, profession, religion, income bracket, marital status and hobbies. Disaster: I was wrong on every score.

Because we cling to this idea that our gut instincts are reliable, we make a lot of avoidable mistakes. We make bad hiring decisions. We talk vaguely about wanting passion and creativity rather than setting to work corroborating resumes and seeking out references. Employers should make a short, precise list of the traits a job requires and hire to fill it. It is all obvious. Yet it takes a spy to point it out.

Less obvious but no less valuable is her tip for job candidates: Get the interviewer to do most of the talking and then hang on their every word. Since hardly anyone can resist talking about themselves to a rapt audience, a job offer is almost bound to follow.

To the public speaker and the salesman, Carleson has further good advice: Never rely on a script and never learn what you are going to say by heart. When you do this you use a different tone of voice, go on to autopilot and all trust is lost in an instant. Carleson is right. I have done this, but never again.

I also liked the observation about newly minted CIA officers (for which read new Harvard MBAs and so on) who emerge from the yearlong training process all swagger and irritating charm. This doesn't wash in the agency, any more than it does elsewhere. More seasoned colleagues slap them down. "Don't try to case officer me," they say.

Not everything from the book can be copied. The CIA keeps its best staff by doing sensible things such as moving people around, giving them interesting work and letting lone wolves be lone wolves.

Yet the perks of being an undercover agent also involve wearing disguises, learning how to crash cars and jump out of aircraft — all of which are big pluses, but not terribly transferable.

The main lesson from "Work Like a Spy" is that we are much more likely to get what we want if we watch other people carefully. It helps to identify the other person's weaknesses, and for this there are some common denominators: "… ego, money, ego, ego … ego, ego, ego."

Lucy Kellaway is a columnist for the Financial Times of London, in which this review first appeared.





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Sun, sophistication and stainless steel


























































This 15th-floor condominium in the Remington blends contemporary and traditional elements. The kitchen, with professional-grade stainless steel appliances, opens to a sunroom with floor-to-ceiling windows, while hardwood floors and crown molding lend sophistication to the interiors.


Location: 10727 Wilshire Blvd., #1505, Westwood 90024


Asking price: $3.495 million








Year built: 2001


Unit size: Three bedrooms, 3.5 bathrooms, 3,592 square feet


Features: Private elevator, oversized walk-in closet, fireplace, two balconies, washer and dryer, valet parking, community swimming pool


Website: http://www.Remington1505.com


About the area: Last year, 331 condos single-family homes sold in the 90024 ZIP Code at a median price of $527,000, according to DataQuick. That was a 5.5% increase from 2011.


Agent: Shawn Kormondy, Keller Williams, Hollywood Hills, (323) 638-7567


—Lauren Beale


To submit a candidate for Home of the Week, send high-resolution color photos on a CD, written permission from the photographer to publish the images and a description of the house to Lauren Beale, Business, Los Angeles Times, 202 W. 1st St., Los Angeles, CA 90012. Send questions to homeoftheweek @latimes.com.






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Latinos crucial to Herbalife's financial health









The future of Herbalife is riding on Latinos.


The Los Angeles company estimates that Latinos account for about 60% of its U.S. sales made through its network of independent distributors. And a growing slice of those sales are coming from informal nutrition clubs run out of people's homes and strip mall shops.


It's a cultural phenomenon that got its start in Mexico and is quickly catching on among immigrants who have moved to Southern California. Budding entrepreneurs like Angel Perez, a 27-year-old from Inglewood, are forming the backbone to Herbalife's growth.





Perez runs her nutrition club out of a tiny, aging retail shop that from the outside shows no signs that she's even open for business. But behind a single glass front door, covered by a green curtain, there's a lively atmosphere inside.


Colombian singer Shakira's voice blares from overhead speakers. "Hola! Como estas?" Perez says before blending an Herbalife meal-replacement shake for a customer. She charges $4 for a protein shake, hot tea and glass of aloe vera juice — part of a weight-loss effort she said has helped her shed dozens of pounds.


But these nutrition clubs — and Herbalife's business structure — have come under intense scrutiny.


The company is in the middle of a Wall Street battle between two billionaire activist investors. On one side, hedge fund manager Bill Ackman contends the company is a pyramid scheme in which most of the independent salespeople lose money and get stuck with a product that nobody wants. Ackman said he wagered $1 billion that the company would fail, shorting an eye-popping 20% of the company's shares.


Betting against him is Carl Icahn, who dismisses pyramid scheme accusations with high praise about Herbalife's business model. Icahn disclosed this week that he bought nearly 13% of the company's shares, and was talking to executives about taking the company private.


At the heart of this battle: Herbalife's army of salespeople.


Among the biggest accusations facing the company is that it targets low-income members of minority communities, including Latinos, by making unachievable promises of vast wealth from selling its line of protein powders, vitamins, supplements and beauty products.


One of Ackman's biggest allegations is that most distributors end up with garages filled with products they cannot sell. Meanwhile, the distributors who brought them into the business get rich for recruiting them.


Herbalife, founded in 1980, has faced such criticism for decades. The debate centers on the way the company compensates its distributors, allowing them to profit from their own sales as well as sales made by distributors they've recruited — and distributors those distributors have recruited.


The company challenges the criticism, saying it's a legitimate company that sells nutritious products while offering entrepreneurs like Perez a chance to build their own businesses.


Herbalife President Des Walsh said the company does not target any specific demographic. The company's popularity among Latinos exploded in recent years, he said, when U.S. distributors imported the nutrition club concept from Mexico, which is second to the United States in Herbalife sales.


"This wasn't a company focus on the Latino community," Walsh said. "This was the Latino community in the United States seeing and hearing of the tremendous success of nutrition clubs in Mexico and then seeking to replicate that here."


Its marketing efforts do hit the Latino community. The company recently signed a 10-year, $44-million sponsorship of the Los Angeles Galaxy professional soccer team, which has a massive Latino fan base. Each year, it holds a national convention in Spanish called "Extravaganza Latina."


Before nutrition clubs started in Mexico, the only way for consumers to buy Herbalife products was in bulk containers to be used at home. A cheaper alternative is being served up at the nutrition clubs, where consumers can buy single servings and drink them in social settings, surrounded by other people with similar weight-loss goals.


This concept has taken off among Latinos, who are taught at an early age that natural remedies such as herbs and juices are a better option than U.S.-style medicine, said Alexandro Jose Gradilla, chair of the Chicano Studies Department at Cal State Fullerton. That makes Herbalife products popular among immigrants.


Selling the products for profit is also a good fit for Latinos because it allows distributors to take advantage of relationships within the close-knit immigrant community, Gradilla said.


Herbalife spokeswoman Barbara Henderson said in a statement that the company "follows all applicable laws in dealing with distributors, whether Latino or not," but she did not elaborate further.





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Senate Democrats back Cordray renomination









WASHINGTON — Senate Democrats said Thursday that they were united in opposing Republican efforts to weaken the Consumer Financial Protection Bureau and told President Obama they supported the renomination of Richard Cordray to head the agency.


"It is time to confirm Richard Cordray as CFPB director to give the American people the protections they deserve and the marketplace the certainty it needs to help strengthen our economic recovery," Senate Banking Committee Chairman Tim Johnson (D-S.D.) told reporters.


Johnson organized a letter signed by 52 of 53 Senate Democrats and the chamber's two independents, Bernie Sanders of Vermont and Angus King of Maine, telling Obama they backed his decision to renominate Cordray and that they oppose Republican attempts to change the bureau's structure.





The only Democrat who did not sign the letter was Mark Pryor of Arkansas. But with 54 senators backing him, Cordray would have enough votes to be confirmed if Republicans allowed a vote.


Nearly all Senate Republicans, enough to mount a successful filibuster, said this month they would block the confirmation of any nominee to head the bureau unless its structure was changed.


Republicans complained that the agency, the centerpiece of the 2010 Dodd-Frank financial reform law, is too powerful.


They want the single-director position to be replaced by a bipartisan commission. They want the bureau's funding to be part of the congressional appropriations process instead of flowing directly from the Federal Reserve. And they want to make it easier for other banking regulators to block actions by the consumer bureau.


"Far too much power is vested in the sole CFPB director without any meaningful checks and balances," the 43 Republican senators, led by Minority Leader Mitch McConnell (R-Ky.) wrote to Obama on Feb. 3.


The same threat, issued in 2011, led Obama to install Cordray with a controversial recess appointment a year ago, along with three members of the National Labor Relations Board.


Last month, a federal appeals court ruled that Obama's NLRB appointments violated the Constitution because the Senate had not formally adjourned. The lawsuit challenging the appointments did not include Cordray, but it is widely believed that it would affect his appointment as well.


The Obama administration is almost certain to appeal the decision to the Supreme Court.


Obama has renominated Cordray to the position; the recess appointment term expires at the end of this year.


The court decision and the renewed filibuster threat had led to speculation that Democrats might be willing to negotiate changes to the bureau's structure. But in Thursday's letter, Democrats said they did not intend to give in.


"As supporters of strong and effective consumer protection, we oppose efforts to weaken the CFPB through structural changes, including as the price for Senate approval of Director Cordray's nomination," the letter said.


Sens. Jack Reed (D-R.I.) and Elizabeth Warren (D-Mass.) joined Johnson in releasing the letter.


"They want to hold up his nomination for the sole purpose of trying to weaken the agency. We've now got 54 senators saying no," said Warren, who came up with the idea for the agency and helped launch it before being elected in November.


"American families deserve a strong watchdog, and Rich Cordray deserves a vote now," she said.


jim.puzzanghera@latimes.com





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New WellPoint CEO gets cool reception on Wall Street









Investors didn't give a warm welcome to the incoming chief executive of health insurance giant WellPoint Inc.


Shares of the nation's second-largest health insurer fell $3.01, or nearly 5%, to $63 in trading Wednesday, a day after the company named a veteran hospital executive to be its next CEO.


WellPoint, which runs Anthem Blue Cross in California and health plans in 13 other states, picked Joseph Swedish to lead the company through a tumultuous time in the industry as insurers prepare for drastic changes under the federal healthcare law.








Swedish, 61, has served as CEO of Trinity Health Corp., which runs 47 hospitals in 10 states. The nonprofit health system had $9 billion in revenue last year. Swedish will start his new job March 25, WellPoint said.


Citigroup healthcare analyst Carl McDonald questioned whether Swedish was a good pick when WellPoint needs better execution in its core health insurance businesses.


Swedish has had a "long and illustrious career in the nonprofit hospital world, but he's virtually unknown to investors," McDonald said. "WellPoint picked someone without a lot of managed-care background."


Jackie Ward, chair of WellPoint's board, said Swedish "is an agile leader at a time when major transformations are requiring health benefit companies to examine new ways to better serve our stakeholders."


WellPoint is the nation's second-largest health insurer, behind UnitedHealth Group Inc., and it has about 36 million customers nationwide.


The Indianapolis company had been searching for a new leader since August when Angela Braly stepped down after major shareholders expressed dissatisfaction with the company's performance.


The company's shares had slumped 30% during Braly's five years at the helm, which were marked by managerial blunders and lackluster earnings. John Cannon has served as interim CEO and will return to his previous role as general counsel.


Under Braly, the company sought to diversify through a series of deals. In December, WellPoint completed its $4.5-billion acquisition of Medicaid insurer Amerigroup Corp.


chad.terhune@latimes.com





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California tomato farmer gets 6 years in prison for price-fixing









A man who built one of California’s most successful food companies was sentenced to six years in prison for scheming to inflate tomato prices and deceiving consumers about his products' quality.


Frederick Scott Salyer, former owner of SK Foods, was accused of bribing buyers with companies such as Kraft Foods and Frito Lay to pay inflated prices for his tomato products, prices that were then passed along to consumers.


He also instructed employees to write false reports about the tomatoes’ quality, lying about mold content and whether the product qualified as organic, federal prosecutors said.





“Scott Salyer used bribery and fraud to deceive his customers about SK Foods’ products in order to maximize his profits,” said Benjamin B. Wagner, the U.S. attorney in Sacramento. “He turned his company into a machine of corruption and economic crime.”


U.S. District Judge Lawrence K. Karlton imposed the sentence Tuesday at a hearing in Sacramento.


Salyer, 57, pleaded guilty in March 2012 to racketeering and price-fixing charges. He had been free on $6 million bond, living under house arrest at his Pebble Beach home.


Ten other people have been convicted of charges related to the scheme, prosecutors said.


“This case is a prime example where public trust was breached by corporate greed,” said Herbert M. Brown, special agent in charge of the FBI’s Sacramento office.  “Salyer's business practices knowingly defrauded consumers for financial gain and he attempted to use the cloak of an agribusiness giant to insulate himself.”


Salyer’s attorneys had asked for a sentence of no more than four years in prison, saying he had already paid dearly for his crimes.


“Mr. Salyer has suffered in other ways. He has lost his business and his home, suffered personal financial ruin and lost all standing in the community and the business world,” defense attorney Elliot R. Peters said in a sentencing brief.


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Follow Stuart Pfeifer on Twitter





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American-US Airways merger talks reportedly close to completion









Merger talks between the parent company of American Airlines and US Airways continued Monday, with sources suggesting an announcement could be made later this week.


The union of Fort Worth-based American and Phoenix-based US Airways would create the nation's largest airline, with a mainline fleet of nearly 1,000 planes.


The boards of the two airlines are expected to meet in the next few days to vote on the proposed merger, sources have told Reuters News.





According to the sources, US Airways Chief Executive Doug Parker would become CEO, while AMR Corp.' chief Tom Horton would serve as non-executive chairman of the board until next year.


In 2011, American Airlines became the latest of several major carriers in the last decade to file for bankruptcy. US Airways, a smaller but more profitable carrier, has publicly advocated a merger with American to better compete against larger carriers such as Delta and United.


Sources have told Reuters and other news outlets that a merger between the two is in the works, pending negotiations to appoint a new board and management. Also delaying a final decision has been a decision on how to split the value of the new carrier among creditors and shareholders of the existing airlines.


Analysts have estimated that the two companies could generate up to $1 billion in savings and added revenue by combining forces.


"In our view, we have held that an eventual merger between American and US Airways was in the best long-term interest of both carriers," Jeff Kauffman, an analyst at Sterne Agee, said in a report Monday.


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