Tag Archives: Paulson Co

SEC Heads to Court Against Ex-Goldman Sachs Bond Trader

By Reuters

Fabrice Tourre goldman sachs trader testimony congress

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Chip Somodevilla/Getty ImagesFomer Goldman Sachs bond-trader Fabrice Tourre, shown here in a 2010 photo, faces civil charges that he misled investors in a trial that starts Monday.

By Nate Raymond

NEW YORK — The U.S. Securities and Exchange Commission heads to trial Monday against a former Goldman Sachs bond trader in a case it says highlights what went wrong on Wall Street in the financial crisis.

Jury selection begins in federal court in New York in the civil fraud case against Fabrice Tourre, 34, who the SEC says misled investors in an ill-fated mortgage-securities investment called Abacus 2007-AC1.

It is the highest-profile trial to date stemming from the SEC’s investigation of the events leading up to the 2008 crisis and, legal experts say, presents a chance for the SEC to hold an individual responsible at trial.

The SEC’s case, as summed up by U.S. District Judge Katherine Forrest last month, is that Tourre “handed Little Red Riding Hood an invitation to grandmother’s house while concealing the fact that it was written by the Big Bad Wolf.”

According to the SEC, the wolf in question is John Paulson, a hedge fund billionaire whose bet against the subprime mortgage market was chronicled in “The Greatest Trade Ever” by Gregory Zuckerman.

In 2006, Paulson’s hedge fund, Paulson & Co., turned to Goldman Sachs Group (GS) for help betting against subprime mortgages, the SEC said.

They began discussing Abacus, which would give Paulson a role in picking the underlying portfolio of mortgage securities, the SEC said. Paulson could then short, or bet against, it through an insurance product called a credit default swap.

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At the time, Tourre, a French national, was 28 years old and working at Goldman Sachs in New York. He became the bank’s principal employee working on what became Abacus, known in the financial industry as a synthetic collateralized debt obligation.

The SEC said Abacus’s marketing materials failed to disclose Paulson’s role in picking the underlying assets, instead saying that a subsidiary of ACA Capital Holdings selected them.

Tourre’s goal, the SEC contends, was to deceive investors into buying the liabilities of Abacus.

In a much-cited email sent on Jan. 23, 2007, to his girlfriend at the time, Tourre said of the financial markets: the “whole building is about to collapse anytime now.”

“Only potential survivor, the fabulous Fab … standing in the middle of all these complex, highly leveraged, exotic trades he created without necessarily understanding all of the implications of those monstrosities!!!”

When the underlying mortgage securities turned sour, investors including IKB Deutsche Industriebank AG and ABN AMRO Bank NV, now owned by Royal Bank of Scotland Group (RBS), lost over $1 billion, the SEC said.

Paulson, meanwhile, netted …read more

Source: FULL ARTICLE at DailyFinance

MetroPCS Merger in Further Danger

By Dan Radovsky, The Motley Fool

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It looks like opponents of the proposed merger of MetroPCS with Deutsche Telekom subsidiary T-Mobile USA got strong support on Wednesday, according to The New York Times.

Institutional Shareholder Services has agreed with Paulson & Co. and P. Schoenfeld Asset Management that voting for approval of the transaction would not be in the interest of MetroPCS shareholders.

Paulson has a 9.9% stake in MetroPCS, Schoenfeld 2%, and both funds believe the deal would incur too much debt for the newly formed company and would not give MetroPCS shareholders enough of a slice of the enterprise.

What may prove influential in the outcome of the voting is this from ISS: “The ultimate question for PCS holders, therefore, is whether this offer is sufficient compensation for putting control of their investment in the hands of another strategic, DT [Deutsche Telekom], under whose control T-Mobile has appeared to have so vastly underperformed.”

P. Schoenfeld, which has been constantly filing proxies over the last several weeks urging shareholders to vote against the proposal, was thrilled with the ISS recommendation to turn down the deal.

“We are extremely pleased that ISS recognizes the Proposed Transaction between MetroPCS and T-Mobile (the “Combined Company”) is not in the best interests of PCS shareholders …” the fund said today in a statement.

P. Schoenfeld also quoted ISS as agreeing with merger opponents that MetroPCS would be better served staying as a stand-alone company, or possibly able to attract a better merger deal in the future: “Absent merging with T-Mobile, PCS will have enough cash on its balance sheet to dedicate to new spectrum and could continue operating as a stand-alone company. It may well, as many commentators have suggested, have additional M&A opportunities in the offing, given its attractive assets.”

The ISS appraisal may take some of the swagger out of T-Mobile CEO John Legere’s remark Tuesday that the merger would be “approved despite the greedy hedge funds that are trying to take a double-dip out of that process.”

Paulson, in a statement released last night, took umbrage to Legere’s characterization. The hedge fund “strenuously objects” to shareholders being called “greedy because they believe the current terms of the merger are poor for MetroPCS shareholders.”

“If anyone is being greedy here, it is Deutsche Telekom … It is not surprising that Deutsche Telekom is so eager to close this deal, as they get the lion’s share of the benefits,” Paulson continued.

Will the ISS analysis be the tipping point that ultimately undermines the deal — at least as it is currently structured? That will be determined at the special MetroPCS shareholders’ meeting on April 12.

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Source: FULL ARTICLE at DailyFinance

T-Mobile's Legere on "Greedy Hedge Funds" Trying to Stop the MetroPCS Merger

By Dan Radovsky, The Motley Fool

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T-Mobile USA CEO John Legere is trying to rebrand the nation’s No. 4 wireless carrier as the only one seeking not to pull the wool over unsuspecting customers’ eyes. By using some colorful language in his characterization of the other mobile operators’ pricing policies in January at the CES, Legere is branding himself as an unfiltered straight-shooter.

And Legere has continued along that path in his remarks yesterday regarding his company’s proposed merger with MetroPCS , a transaction that has seen some vocal and insistent opposition from unhappy shareholders.

The merger has already passed regulatory scrutiny from the Federal Communications Commission, the Department of Justice, and the Committee on Foreign Investment in the United States, but still has to be approved by shareholders in a vote taken at a special meeting to be held on April 12.

Legere was asked about the merger’s prospects at yesterday’s T-Mobile event. The proceedings were focused on kicking off T-Mobile’s new LTE network, touting the iPhone, and announcing its new “Uncarrier” pricing policies.

“It will be approved,” Legere said of the merger, “despite the greedy hedge funds that are trying to take a double-dip out of that process.”

He was referring to Paulson & Co., controller of 9.9% of outstanding MetroPCS shares, and P. Schoenfeld Asset Management, or PSAM, controller of 2% of MetroPCS shares.

Paulson has already flatly said he will vote against the proposed deal as it is currently structured, and PSAM has filed a series of proxy statements with the Securities and Exchange Commission imploring other shareholders to vote the transaction down.

In addition, PSAM, has also called for the resignations of MetroPCS Chairman and CEO Roger Linquist, as well as director Kevin Landry, for “aggressively selling down their positions in PCS stock while simultaneously recommending the T-Mobile transaction to PCS stockholders.”

“I get what they are doing,” Legere said. “If you are an investor, and it’s before the vote, you are rattling your saber around to get more money.”

If this is just the beginning of John Legere‘s open-mouth policy, he may become the most interesting communications executive since… well, since DISH Network‘s Charlie Ergen.

A fresh idea for 2013
The Motley Fool’s chief investment officer has selected his No. 1 stock for the next year. Find out which stock it is in the brand-new free report: “The Motley Fool’s Top Stock for 2013.” Just click here to access the report and find out the name of this under-the-radar company.

The article T-Mobile’s Legere on “Greedy Hedge Funds” Trying to Stop the MetroPCS Merger originally appeared on Fool.com.

Fool contributor Dan Radovsky has no position in any stocks mentioned. The Motley Fool has no position in any of the stocks mentioned. Try any of our Foolish newsletter services free for 30 days. We Fools may not all hold the same opinions, but we all believe that considering a diverse range of …read more
Source: FULL ARTICLE at DailyFinance

These 2 Mobile Networks Will Almost Definitely Merge. Now What?

By Anders Bylund, The Motley Fool

PCS Revenue TTM Chart

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The proposed merger between MetroPCS and T-Mobile USA had to wade through acres of red tape before consummation. All the legal and regulatory hurdles have been vaulted, leaving MetroPCS shareholders to issue a final seal of approval.

The seal of approval. You’re very welcome.

It’s still not a completely done deal. MetroPCS’s largest shareholder, hedge fund Paulson & Co., has said that it will vote its 9.9% stake against the current deal structure. On the other hand, second-largest shareholder Madison Dearborn Partners will absolutely support this deal with an 8.3% vote block — one of the the investment firm’s managing directors will have a seat in the new T-Mobile/MetroPCS boardroom.

I wouldn’t exactly call it a nail-biter. MetroPCS could use the scale and the deep pockets that T-Mobile brings to the table. Its own cash flows have become dependably positive in recent years, but top-line growth has trailed off. The company needs some kind of catalyst to jump to the next level, and merging into T-Mobile would most definitely be a game-changer. In short, MetroPCS investors would be silly to turn this deal down.

PCS Revenue TTM data by YCharts

Time to take action
This is no time to rest on your laurels. Sprint Nextel , the other mini-major among the big four, will pose a serious threat as it combines with Japanese sugar daddy Softbank and high-speed network partner Clearwire later this year. That three-way combination puts Sprint’s large subscriber Rolodex together with Softbank’s cash reserves and maverick business ideas, underpinned by Clearwire’s generous spectrum license catalog. This Frankencarrier should scare the snot out of its direct rivals.

SprintBank and T-Metro might even worry Verizon and AT&T . Smaller networks often introduce more innovative and consumer-friendly choices than Ma Bell and Big Red, but they can’t compete with the near-duopoly’s brand awareness and nationwide network builds. Putting pressure on their business models with credible threats from below can only be good for consumers. Investors behind the usurpers will obviously benefit right away, but even AT&T and Verizon should wind up healthier in the long run amid more serious competition.

MetroPCS adds 9 million subscribers to T-Mobile’s list, creating a 42 million-strong customer pool. That’s in the same ballpark as Sprint’s 56 million subscribers, but it’s still far behind Verizon’s 98 million and AT&T’s 105 million.

The smaller network also expands Magenta’s network coverage in major metro areas. In particular, this deal should accelerate T-Mobile’s introduction of 4G LTE services. Oh, and T-Mobile is jumping the gun by acting as if it could change the mobile game all by itself: The company is expected to introduce all new service plans next week, doing away with handset subsidies entirely and basing your service payments on data plans only — everyone gets unlimited calling and texting.

Big changes ahead

There’s a fork in the road ahead, and it will make consumers …read more
Source: FULL ARTICLE at DailyFinance

MetroPCS Merger Opponent Raises More Questions

By Dan Radovsky, The Motley Fool

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The proposed merger of MetroPCS and T-Mobile USA has passed all the regulatory hurdles: vetting by the Department of Justice, the Federal Communications Commission, and the Committee on Foreign Investment.

All it has to do now is make it past the stockholders, who get to vote the deal up or down at a special shareholders meeting to be held on April 12. Unlike the governmental scrutiny, however, getting the merger past MetroPCS’ investors may not go as smoothly.

One very persistent major shareholder, P. Schoenfeld Asset Management, or PSAM, which owns 2% of MetroPCS’ outstanding shares, has met every company call for a “yes” vote on the merger with its own call for a thumbs down.

PSAM‘s latest appeal, poses a number of questions for shareholders to think about and for the company to answer. Here are a few:

  • “How does PCS explain the approximately 23% decline in its share price since the announcement of the Proposed Transaction, a period when the S&P is up 7.2% and the comparable index is up 0.6%?”
  • “How does PCS explain that its Chairman and CEO Roger Linquist has sold 2 million shares (approximately 28% of his holdings) at an average price of approximately $10 per share since December 12, 2012, and board member Kevin Landry’s Firm, TA Associates, has sold approximately 3.8 million shares since the Proposed Transaction was announced?”
  • “Why is PCS deducting $1.5 billion of future spectrum purchases from its value relative to T-Mobile?”
  • “Why is PCS contributing its intellectual property to the combined PCS/T-Mobile while DT is insisting on a royalty for the use of the T-Mobile name through a trademark license?”

PSAM has a powerful ally in its fight against the merger with T-Mobile and its parent company Deutsche Telekom. MetroPCS’ largest single stockholder, Paulson & Co., which owns 9.9% of the company, has filed its intent with the Securities and Exchange Commission to vote against the deal as it is now structured.

Paulson says it agrees with PSAM that “the new company will be saddled with an onerously large amount of debt,” and that “the interest rate on Deutsche Telekom‘s debt financing is far above market, based on the new company’s anticipated credit rating. Specifically, MetroPCS/T-Mobile will pay an egregiously high 7% interest rate on the $15 billion of intercompany debt.”

One more question: Where’s Roger?
Earlier this week, a joint announcement from Deutsche Telekom, T-Mobile USA, and MetroPCS listed the board of directors for the proposed new company. What made it interesting was not who was on it but who wasn’t.

Roger Linquist was nowhere to be found on the new board. Will he be out entirely? Two inquiries regarding this to MetroPCS have not been answered.

The Motley Fool’s chief investment officer has selected his No. 1 stock for the next year. Find out which stock it is in the brand-new free report: “The Motley Fool’s Top Stock for 2013.” Just click here to access the …read more
Source: FULL ARTICLE at DailyFinance

A Foolish Week of Telecom

By Dan Radovsky, The Motley Fool

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The announcement of the day comes from the Federal Communications Commission, whose chairman, Julius Genachowski, said he will be leaving his post in the coming weeks.

Genachowski told his staff:

“I’m proud of what we’ve done together to harness technology to advance the American dream for the 21stcentury. I know you’ll continue to fight hard to fulfill this agency’s vital mission, and I look forward to continuing to work together until my last day at the agency, and to count you as family and as an inspiration for long after that.”

The iPhone toss, more refreshing than a sauna
Nokia CEO Stephen Elop, appearing on Finnish TV, decided to help the program’s host make up his mind about a new phone.

The host pulled out his iPhone on air, which prompted a “how embarrassing” comment from Elop. The host told Elop he actually wanted to lose the iPhone and get a Nokia phone. Elop then said, “I can take care of that for you” and tossed the iPhone aside, which landed with an audible crash.

The TV presenter remained unfazed and Elop said, with a smile, he would replace what’s left of the iPhone with a Nokia. Here’s the video.

Wait, that’s not all
BlackBerry  CEO Thorsten Heins also had a go at Apple‘s iconic phone, just not physically.

Days before BlackBerry’s great hope for redemption, when the BB Z10 was about to go on sale in the U.S., Heins told the Australian Financial Times newspaper in an interview that “The user interface on the iPhone, with all due respect for what this invention was all about, is now 5 years old.”

But he did admit “I do not believe that Apple is worried much about BB10 stealing sales. …  [I]t will be extremely hard to get customers who have an iPhone to switch over to a BB10 device. It would have been much easier to convert customers to BB10 a couple of years ago when there was a larger BlackBerry install base at the high end.”

All over but the shouting
MetroPCS and T-Mobile USA got the last of the regulatory approvals for their merger out of the way this week when the Committee on Foreign Investment in the U.S. signed off on the deal, which was necessary because the German company Deutsche Telekom is the parent of T-Mobile. The FCC and the Department of Justice have already given the venture the OK .

However, on April 12 there will be a special shareholders meeting, at which the proposed deal will be put up to a vote, and there has been opposition to its going through.

P. Schoenfeld Asset Management and Paulson & Co., together holders of almost 12% of MetroPCS’ outstanding shares, have been vocal in their criticism of the merger. They have questioned the high debt the deal would put on MetroPCS’ shoulders as well as a high interest rate on that debt .

Where’s Roger?
Not waiting for …read more
Source: FULL ARTICLE at DailyFinance

MetroPCS Defends its Plans to Merge with T-Mobile

By 24/7 Wall St.

Cell Tower detail

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Shares of MetroPCS Communications Inc. (NYSE: PCS) jumped to a 52-week high of $14.51 the day last October when the company announced its proposed merger with T-Mobile USA, which is owned by Deutsche Telekom AG. The deal was not a particularly good one for MetroPCS shareholders: $1.5 billion in cash, T-Mobile’s assumption of $15 billion in MetroPCS debt, and a 26% stake in the surviving company, which would have been called T-Mobile USA.

One asset management firm opposed the merger practically at once. Paulson & Co. joined in opposing the deal earlier this month. Together, the two opponents hold more than 10% of MetroPCS’s stock.

In today’s letter to shareholders, MetroPCS urges them to vote in favor of the deal by the April 12th special stockholders’ meeting. Their argument:

The immediate cash payment you will receive and the significant ownership interest you will hold in the combined company represent a substantial premium to MetroPCS’ stand-alone value, and your meaningful ownership in the combined company will allow you to participate in the potential synergies and value created by this combination.

Current shareholders will receive about $4.06 per share they now hold before MetroPCS shares go through a 1-for-2 reverse stock split at the time the deal closes. In addition, the board’s letter goes on, MetroPCS shareholders get a 26% stake in the combined company and the opportunity “to participate in the expected significant equity upside of the combined company.”

Opponents point out that part of the deal saddles T-Mobile USA with a total debt of $23.2 billion, of which $15 billion is owed to Deutsche Telekom. In a marketplace featuring well-capitalized competitors like Verizon Communications Inc. (NYSE: VZ) and AT&T Inc. (NYSE: T), T-Mobile would be playing with a huge anchor around its neck.

Maybe MetroPCS is worth more than T-Mobile is paying, but that assumes that the firm could find another buyer. At this point, that could be virtually impossible. If MetroPCS turns down the T-Mobile offer, it could sink on its own. Then Paulson and other opponents of the deal on the table would really be unhappy.

Shares of MetroPCS are down 2% at around noon today, at $10.29 in a 52-week range of $5.53 to $14.51.

Filed under: 24/7 Wall St. Wire, Mergers and Buy Outs, Shareholder Issues, Telecom & Wireless Tagged: PCS, T, VZ

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Source: FULL ARTICLE at DailyFinance

Department of Justice Clears MetroPCS and T-Mobile Merger

By Evan Niu, CFA, The Motley Fool

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Wireless carrier MetroPCS announced yesterday that it has cleared the required waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 in connection with its proposed merger with T-Mobile USA, a wholly-owned subsidiary of Deutsche Telekom.

This 30-day window is when regulators have the opportunity to object to any proposed merger, so the lack of any response from the Department of Justice during this time frame signals its approval.

But the merger is still not certain, as additional layers of regulatory approval still remain. The Federal Communications Commission and Committee on Foreign Investment must sign off on the proposed deal before it can go through. MetroPCS shareholders must also vote on the deal. The board unanimously recommends investors vote in favor of the deal.

The deal already faces opposition from at least one large shareholder, Paulson & Co., which owns a 9.9% stake in MetroPCS.

link

The article Department of Justice Clears MetroPCS and T-Mobile Merger originally appeared on Fool.com.

Fool contributor Evan Niu, CFA has no position in any stocks mentioned. The Motley Fool has no position in any of the stocks mentioned. Try any of our Foolish newsletter services free for 30 days. We Fools may not all hold the same opinions, but we all believe that considering a diverse range of insights makes us better investors. The Motley Fool has a disclosure policy.

Copyright © 1995 – 2013 The Motley Fool, LLC. All rights reserved. The Motley Fool has a disclosure policy.

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MetroPCS Moves Merger Vote Back and Faces Another Challenge

By Dan Radovsky, The Motley Fool

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MetroPCS yesterday announced that it’s moving the date back for the special stockholders’ meeting it called to vote on the company’s proposed merger with T-Mobile USA.

The new date for the meeting will be April 11. The original date of March 28 was changed to correct an administrative error, according to the company.

At that meeting, MetroPCS will have to contend with yet another major stockholder that has stated its opposition to the merger.

Paulson & Co., the largest holder of MetroPCS common stock with a 9.9% share, on Friday filed with the Securities and Exchange Commission its intent “to vote against the MetroPCS/T-Mobile transaction.”

Paulson joins P. Schoenfield Asset Management as the second large stockholder to voice unhappiness with the deal. Schoenfield holds 2% of MetroPCS common stock.

The article MetroPCS Moves Merger Vote Back and Faces Another Challenge originally appeared on Fool.com.

Fool contributor Dan Radovsky and The Motley Fool have no position in any of the stocks mentioned. Try any of our Foolish newsletter services free for 30 days. We Fools don’t all hold the same opinions, but we all believe that considering a diverse range of insights makes us better investors. The Motley Fool has a disclosure policy.

Copyright © 1995 – 2013 The Motley Fool, LLC. All rights reserved. The Motley Fool has a disclosure policy.

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