Burisma Landed Lucrative USAID Contract Months After Hunter Biden Joined Board: Solomon

Burisma Landed Lucrative USAID Contract Months After Hunter Biden Joined Board: Solomon

Tyler Durden

Fri, 06/26/2020 – 09:24

Authored by Daniel Payne and John Solomon via Just the News (emphasis ours)

Just a few months after Hunter Biden joined the board of Burisma Holdings, the Ukrainian gas company landed a deal with an Obama administration renewable energy program that had been championed by one of his father’s key vice presidential advisers, newly released State Department memos show.

The Memorandum of Understanding between Burisma and USAID’s Municipal Energy Reform Project in Ukraine (MERP) was signed in October 2014, according to a copy of the agreement obtained by Just the News under the Freedom of Information Act.

At that time, Burisma was under very public investigations by both the British government and the Ukrainian prosecutor general’s office and considered by the State Department to suffer from corruption issues. 

And the Burisma official who signed the MOU, Andrii Kicha, was publicly identified in British court documents in 2014 as someone whose conduct was questioned during the probe. More recently, Kicha was detained in Ukraine in what law enforcement authorities there said was a failed attempt to deliver a $6 million bribe to prosecutors designed to end continuing investigations of the controversial gas company. 

Kicha has long denied wrongdoing, and Burisma has said it did not have any involvement in the bribery plot. The company has fought allegations of corruption for years and settled some of the Ukrainian cases against it at the end of the Obama administration by paying a fine.

Burisma officials did not respond to a request for comment about the 2014 MERP deal. State Department and USAID press officials also declined comment.

A senior State Department official, speaking only on condition of anonymity, said officials do not have much current documentation to show how Burisma landed the 2014 deal with USAID, the department’s foreign aid arm, but they believe it wasn’t fully vetted by the department. Instead, the official said, it appeared the MOU was approved by USAID’s contractor managing the program.

The official added that State recently received inquiries from U.S. Senate investigators examining the Bidens’ dealings in Ukraine.

“This is clearly a matter of interest in their investigation, but right now it looks like Burisma signed the deal with our contractor, and our embassy didn’t even know much about it until 2016,” the official said, declining to provide more information. 

Remarkably, the multimillion dollar MERP program’s involvement with Burisma escaped notice during last year’s impeachment proceedings, which focused heavily on the Bidens’ dealings in Ukraine and efforts by Rudy Giuliani, one of President Trump’s lawyers, to get the issues surrounding Burisma investigated by Ukrainian authorities. Specifically, Giuliani wanted Ukrainian prosecutors to investigate Joe Biden’s successful effort to get the Ukrainian prosecutor leading the Burisma investigation fired in 2016.

During those impeachment proceedings, Obama-era State Department officials testified they held strong corruption concerns about the Ukrainian gas company that had hired Hunter Biden in May 2014 and paid his firm more than $3 million in consulting fees. They added they believed Burisma’s arrangement with the vice president’s son created the “appearance of a conflict of interest” for Joe Biden as he oversaw U.S.-Ukraine policy for the Obama administration.

The new documents, which include a copy of the 2014 signed MOU and some 2016 email chatter among State officials about the MERP relationship with Burisma, were obtained under a FOIA lawsuit brought by Just the News and its public interest law firm, the Southeastern Legal Foundation.

The memos do not mention either Biden but do show that the U.S. embassy in Kiev did not want Burisma to participate in a MERP event honoring journalists in 2016, something Deputy Assistant Secretary George Kent mentioned briefly during his impeachment testimony.

The decision to cancel came after a Ukrainian raised concerns that Burisma, with its record of alleged corruption, was doing business with USAID’s program.

“Burisma has been notified that MERP will be conducting the award ceremony without their participation,” a U.S. embassy official wrote in an email that reached Kent and other top officials in September 2016.

While the documents don’t make mention of the Bidens, the MERP program itself and Burisma have a direct connection to Joe Biden’s inner circle.

Joe Biden’s energy advisor, Amos Hochstein, championed the MERP program in a Senate hearing in July 2014, about three months before Burisma landed the MOU with USAID. Hochstein testified that MERP was part of a multi-pronged U.S. effort by the Obama administration to make Ukraine more energy-independent from Russia by producing its own gas while also reducing greenhouse gas emissions.

“It is critical that Ukraine reduce the country’s energy intensity,” he told senators during the testimony. “Thankfully, the United States has a long history of support for energy efficiency in Ukraine. Most recently, USAID’s Municipal Energy Reform Project (MER Project) is designed to enhance Ukraine’s energy security as well as to reduce and mitigate GHG emissions resulting from the poor use of energy resources in Ukrainian municipalities.

A year later, Hochstein met with an American firm called Blue Star Strategies, which was hired by Burisma to try to change the gas firm’s image of corruption, according to a report in the Washington Examiner.

And the New Yorker magazine reported Hochstein had a direct conversation with Joe Biden about Hunter Biden’s role with Burisma, one of the few publicly known conversations the vice president had about his son’s employment with the controversial company.

The MOU stipulated that Burisma would work with the program to “enhance Ukraine’s energy security” through the “improvement of energy policies,” the “development of energy efficiency” and the “increase of investments in [the] energy sector.”

The $17 million program ended in March 2018. The contract history indicates that the program was administered by what was then the Research Triangle Institute, now RTI International. The specific agreement between Burisma and MERP dates to October 2014 and was set to expire a year later. 

The agreement was “implemented by” International Resources Group, a contractor that facilitates government programs across the world, the MOU states. That group was subsequently acquired by RTI International in 2017. Neither RTI nor the contractor who signed the MOU returned calls seeking comment about the Burisma deal. The documents don’t indicate whether Burisma received any money under the program but federal procurement records do not list the Ukrainian gas firm as a recipient of U.S. aid.

The deal is notable for having occurred when Burisma was under two separate corruption investigations — one from the British government and one from Ukrainian authorities — over alleged illegal financial schemes carried out by the natural gas company. 

Also notable is one of the memorandum’s signatories, Andrii Kicha, who signed on behalf of Burisma. In 2014-15, Kicha was named by British authorities in court filings targeting Burisma founder Mykola Zlochevsky against the Ukrainian government. 

“Mr Andrii Kicha is a Ukrainian commercial lawyer, the chief legal officer of Burisma and other companies owned by the defendant. He was the sole authorised signatory on the BNP accounts that are the subject to the restraint order,” one British court filing stated.  You can read that document here.

The British probe was ordered shut in early 2015, but the reasons are in dispute. British officials claim Ukrainian authorities failed to get them essential evidence they were seeking; Burisma and Ukrainian authorities dispute that.

Multiple criminal cases were opened between 2014 and 2016 in Ukraine against Burisma and Zlochevsky, some of which were settled and closed in 2016 with a fine, and some which persist today.

Kicha was freshly implicated in controversy connected to Burisma this month, when Ukrainian authorities detained him and several others in connection with a $6 million bribe meant for a prosecutor investigating Burisma. 

The Ukrainian government is currently pursuing an embezzlement case against the company and Zlochevsky. A Kyiv court last Sunday revealed the seizure of the bribery funds.

Controversy has swirled around Burisma for several years since then-Vice President Joe Biden’s son Hunter took a seat on the gas company’s board of directors in May 2014. Joe Biden at the time played a significant role in foreign policy decisions regarding Ukraine, raising the specter of impropriety as his son joined a scandal-ridden firm at the same time the vice president had official dealings with the country. 

Notably, Burisma would secure the USAID agreement just five months later

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“Arthur Andersen 2.0” – Ernst & Young Could Have Uncovered Wirecard Fraud Years Ago: FT

“Arthur Andersen 2.0” – Ernst & Young Could Have Uncovered Wirecard Fraud Years Ago: FT

Tyler Durden

Fri, 06/26/2020 – 09:12

Now that Wirecard’s nearly 15-year-long accounting fraud – the biggest corporate accounting scandal in post-war German history – has been uncovered, the negligence exercised by the company’s auditors, auditors who lent the black-box digital payments firm the patina of authenticity that it needed to get listed on the DAX and dupe German regulators into investigating its enemies, must not go undisclosed.

Just like Bernie Madoff, or Enron, no accounting fraud of this magnitude can continue for as long as this one did without third-parties looking the other way, or even deliberately conspiring to conceal the fraud. And the lack of transparency combined with diffusion of responsibility inside major accounting firms like Ernst & Young, which signed off on Wirecard’s books for a decade, can sometimes create the perfect environment for something like this to continuously slip through the cracks. 

In a re-run of the Enron scandal, which led to the demise of accounting giant Arthur Andersen (the firm collapsed under regulatory and financial pressure in the aftermath of the Enron blowup, and its accounting business was later purchased by Accenture), the FT just reported that Ernst & Young could have uncovered Wirecard’s fraud years ago if it had only bothered to audit a Singapore-based bank account where the company claimed its fraudulent revenues – some $2.1 billion of revenue, to be precise – were allegedly parked.

Here’s more from the FT:

People with first-hand knowledge told the Financial Times that the auditor between 2016 and 2018 did not check directly with Singapore’s OCBC Bank to confirm that the lender held large amounts of cash on behalf of Wirecard. Instead, EY relied on documents and screenshots provided by a third-party trustee and Wirecard itself.  “The big question for me is what on earth did EY do when they signed off the accounts?” said a senior banker at a lender with credit exposure to Wirecard.  A senior auditor at another firm said that obtaining independent confirmation of bank balances was “equivalent to day-one training at audit school”.  OCBC declined to comment. A person briefed on the details told the Financial Times that Wirecard has no banking relationship with OCBC and that the fintech’s former Singapore-based trustee does not have an escrow account with the bank. The lender did not receive any query from EY in relation to Wirecard between 2016 and 2018, the person added.

To be sure, in terms of sheer scale, the collapse of Enron was much bigger than Wirecard’s slide into insolvency (even though two-thirds of the company’s revenue in recent years has been proven to be completely made up). The firm, which has maintained that it couldn’t have possibly known about the fraud, is reviewing the work of its German auditors via an “out of country” team.

But that doesn’t mean EY should escape serious consequences. Many are already wondering: will Wirecard’s collapse transform EY into “Arthur Andersen 2.0?”

Whatever regulators decide, it’s clear that the Big Four accounting firm is about to sustain some reputational damage. The firm had issued unqualified audits of Wirecard for a decade despite growing questions about suspect accounting practices from journalists and short-sellers and repeated delays of another audit that was supposed to validate Wirecard’s claims, but never quite did.  Wirecard reportedly told its auditors that the money moved late last year from OCBC in Singapore to banks in the Philippines, where supposedly there was now €1.9bn ($2.1 billion) deposited. But a special audit by KPMG could not obtain original documents from the banks and the banks in the Philippines confirmed that documents provided by Wirecard to KPMG were of “a spurious nature” – meaning they were outright forgeries. Fortunately, perhaps, for EY: It’s not the only institution that failed to adequately monitor Wirecard: Germany’s BaFin also bears tremendous responsibility, and is already facing an EU investigation into whether it violated any rules.

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Microsoft Abandons Physical Store Concept (Not Due To Virus)

Microsoft Abandons Physical Store Concept (Not Due To Virus)

Tyler Durden

Fri, 06/26/2020 – 09:08

As Apple shutters dozens of its physical store locations across America on the heels of a second wave of COVID cases (though not deaths), Microsoft has escalated by shuttering its physical stores… for good, as part of a strategic shift in its retail operations.

Full Press Release:

Microsoft today announced a strategic change in its retail operations, including closing Microsoft Store physical locations. The company’s retail team members will continue to serve customers from Microsoft corporate facilities and remotely providing sales, training, and support. Microsoft will continue to invest in its digital storefronts on Microsoft.com, and stores in Xbox and Windows, reaching more than 1.2 billion people every month in 190 markets. The company will also reimagine spaces that serve all customers, including operating Microsoft Experience Centers in London, NYC, Sydney, and Redmond campus locations. The closing of Microsoft Store physical locations will result in a pre-tax charge of approximately $450M, or $0.05 per share, to be recorded in the current quarter ending June 30, 2020. The charge includes primarily asset write-offs and impairments.

Our sales have grown online as our product portfolio has evolved to largely digital offerings, and our talented team has proven success serving customers beyond any physical location,” said Microsoft Corporate Vice President David Porter.

“We are grateful to our Microsoft Store customers and we look forward to continuing to serve them online and with our retail sales team at Microsoft corporate locations.”

Since the Microsoft Store locations closed in late March due to the COVID-19 pandemic, the retail team has helped small businesses and education customers digitally transform; virtually trained hundreds of thousands of enterprise and education customers on remote work and learning software; and helped customers with support calls. The team supported communities by hosting more than 14,000 online workshops and summer camps and more than 3,000 virtual graduations.

“We deliberately built teams with unique backgrounds and skills that could serve customers from anywhere. The evolution of our workforce ensured we could continue to serve customers of all sizes when they needed us most, working remotely these last months,” said Porter. “Speaking over 120 languages, their diversity reflects the many communities we serve. Our commitment to growing and developing careers from this talent pool is stronger than ever.”

The retail team members will serve consumers, small-business, education, and enterprise customers, while building a pipeline of talent with transferable skills.

“The Microsoft Store team has long been celebrated at Microsoft and embodies our culture,” said Microsoft Chief People Officer Kathleen Hogan. “The team has a proven track record of attracting, motivating, and developing diverse talent. This infusion of talent is invaluable for Microsoft and creates opportunities for thousands of people.”                                                                

With significant growth through its digital storefronts, including Microsoft.com, and stores on Xbox and Windows, the company will continue to invest in digital innovation across software and hardware. New services include 1:1 video chat support, online tutorial videos, and virtual workshops with more digital solutions to come.

“It is a new day for how Microsoft Store team members will serve all customers,” said Porter. “We are energized about the opportunity to innovate in how we engage with all customers, maximize our talent for greatest impact, and most importantly help our valued customers achieve more.”

So presumably those employees who were “furloughed” for COVID will not be getting their jobs back?

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Rabo: “Is It Any Wonder We Have Soaring Stock Prices At A Time Of Mass Unemployment”

Rabo: “Is It Any Wonder We Have Soaring Stock Prices At A Time Of Mass Unemployment”

Tyler Durden

Fri, 06/26/2020 – 08:48

Submitted by Michael Every of Rabobank

*I* Can, You Can’t(illon)

The US bill imposing mandatory sanctions on Chinese individuals and entities who “materially contribute to the contravention of China’s obligations” to Hong Kong’s autonomy –and banks that do “significant transactions” with them– which we learned yesterday was being delayed, has instead just been passed unanimously by the Senate. The House of Representatives is working on its own version; that gets reconciled with this bill; the final bill gets passed to President Trump, who either signs it or vetoes it – in which case it has a veto-proof majority anyway. This is the constitutional dynamic that has been described several times in the last 12 months for China-focused bills with serious consequences for not just international relations, but international business and finance. So far the results have not hit markets: but this bill cuts out the middleman and takes us straight to the biting sanctions.

Of course, that does not matter to markets at the moment. Neither does Texas and Florida pausing on re-opening as virus cases surge. Neither does the Fed telling US banks it expects them to see USD700bn in bad loans ahead, and ordering them to cap dividends and suspend buybacks until the end of Q3. (Yes, this is the Fed, not the PBOC, who have already ordered similar measures.) Stocks are up, Bloomberg tells me, because more stimulus is expected now that US re-opening is stalling. Bad news is good news – and good news is of course good news.

This dynamic is well known to regular readers. Less well-known is Richard Cantillon (1680–1734), the Irish-French economist. That’s no accident, as economists are not taught any economic history. Moreover, Cantillon’s ideas are so piercingly relevant that it’s more comfortable not to teach them. He was a mercantilist, and he bequeathed us the “Cantillon Effect”, which like all the best theories is very simple: when money gets printed, those closest to it within the institutional structure get to skim the cream, and those farthest away get none. You can dress this up in economic jargon like differential inflation rates as money supply expands, but the basic message is “It’s good to be the King”, in those days, or today, “*I* Can, You Can’t(illon)

Is it any wonder we have soaring asset prices at a time of mass unemployment? No! Because money is cascading out of our institutional structure, some are at the front of the queue, others at the back. (And some are outside in the rain.) Our present “solutions” are our problems.

That the BOE Governor just stated the UK government nearly went broke in March when his job is to ensure that can never happen is pure Cantillon. So are the excerpts from two recent articles below, both of which are sadly true:

  1. The New York Times: “The Jobs We Need”

If income had kept pace with overall economic growth since 1970, Americans in the bottom 90% of the income distribution would be making an extra $12,000 per year, on average. In effect, every American worker in the bottom 90% of the income distribution is sending an annual check for $12,000 to a richer person in the top 10%.

  1. The Onion: “Study Finds Gap Widening Between Rich Pets And Poor Americans”

“Since the 1970s, economic growth has slowed for all but a tiny fraction of Americans and their pets, such that not only are the vast majority of luxury goods much more available to these purebred dogs, cats, and chinchillas than the average person, rich pets enjoy lavish lifestyles that many US citizens could only dream of.” The report concluded by suggesting that the most viable path to prosperity for low-income Americans was becoming a wealthy family’s pet. [NB That conclusion is not too far away from former Fed Chair Yellen’s thesis that if only poor people had more assets they would be less poor.]

Of course, one can accept the Cantillon effect exists but that it has no negative impact on the economy. For example, if institutional money gets channelled into infrastructure and industrial mercantilism, it’s pro-growth – as we see today in China. However, it’s still a paradigm with a half-life unless market forces also dictate where the funds flow, or unless China can keep finding new foreign markets to absorb its perpetual over-supply. Which brings us back to the US Hong Kong Accountability Bill: try selling more goods when not only are tariffs rising, but your banks are under US sanction.

The other problem we face is when the Cantillon effect lifts some boats by so much more than others. That’s Piketty and Marx territory: is it any wonder we are hearing allegations of “Marxists!” being levelled today?

Things are absolutely worse when Cantillon devolves from doing something productive, and not (re)distributing the gains, to one where it does nothing. I am thinking of the recent run of UK government projects that suck up funds but produce no high speed railways or COVID-19 contact-tracing apps. Is this just bureaucratic incompetence,…or is it actually the Cantillon effect? Somebody is still getting all that money. As one UK radio talk-show host joked yesterday, why can’t the government pay him millions NOT to produce a contact tracing app, as it would be far cheaper? Perhaps his joke is missing the real (politik) point – not just in the UK but in a swathe of countries, including the US.

Meanwhile the other key real politik –the US pushing China into a corner globally and saying “*I* can, you can’t”– continues to play out. There is that latest Hong Kong bill, and the Wall Street Journal reports the US is considering getting the federal government involved in 5G, perhaps even ‘persuading’ key US firms to buy key European rivals, to ensure that there is a “not China” rival to embattled Huawei. This is unlikely to see Beijing respond well.

Similarly, Berlin is not going to respond well if the US also pushes Germany into a corner too by trying to kill off the Nord Stream 2 pipeline via sanctions, which Bloomberg states is now expected and for which EU retaliatory measures are being prepared – like removing German troops that protect US territory?

The institutional structure is *really* going to have to step up the liquidity support to keep markets smiling, if so. Indeed, those kind of twin shocks would require so much ‘institutional structural support’ that a whole lot more people might ask: “Why Can’t-illon we get some of that good stuff too?”

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US Spending Surges At Record Pace In May As Government Wages Crash

US Spending Surges At Record Pace In May As Government Wages Crash

Tyler Durden

Fri, 06/26/2020 – 08:38

Following the somewhat surprising surge (stimulus checks) in personal incomes in April (after March’s collapse), May’s income data was expected to fade as spending rebounded strongly (on the pent-up-demand after re-opening).

On a month-over-month basis, personal income did drop, but less than expected (-4.2% MoM vs -6/0% exp) but spending rose less than expected (+8.2% MoM vs +9.3% exp) – this was still the biggest surge in spending on record (since 1958).

Source: Bloomberg

Year-over-year, income growth slowed (as stimulus checks slowed) but spending’s slump rebounded only modestly (remaining down a shocking 9.3% YoY)…

Source: Bloomberg

Note that personal income (ex-transfer receipts – i.e. stimulus checks) rebounded very modestly…

Source: Bloomberg

…as government handouts plunged by $1.1 trillion to $5.3 trillion…

In fact, on the income side of the equation, May saw the biggest drop in government wages on record…

All this chaotic noise has sparked massive volatility in the implied savings rate, which plunged back towards old normal (from 32.2% to 23.2%) but still remains extremely high…

Source: Bloomberg

Finally, we note that The Fed’s favorite inflation indicator  – Core PCE Deflator – slowed even firther to +1.0% YoY (slightly hotter than the +0.9% YoY expected)…

Source: Bloomberg

Providing Powell and his pals cover to keep on pumping.

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Rhetoric, Polarities, and Trump

Farnsworth

This week I’ve been posting about principles of style that made the writing of Lincoln, Churchill, and Holmes so potent. The posts are all taken from this new book that I hope you will check out if you’ve found the discussions interesting. (Otherwise I just thank you for your patience.)

The examples this week have all involved the choice between different kinds of words: Latinate vs. Saxon, simple vs. complex, abstract vs. visual. The book also talks about many other issues: the lengths of sentences, active vs. passive voice, cadences, etc. It shows how great writers have made use of contrast in working with those variables, and how the contrasts have lent power to their words.

Those examples are part of a general argument that I mentioned on Monday and to which I’ll return here in brief. It is that our culture of advice about good writing is inadequate. Don’t get me wrong: usually being clear and concise is the best thing a writer can do, and sometimes it’s the only thing a writer should worry about. But if you want your words to do more than just convey information—if you want to move others to action, or even just hold their attention—there is more to know. The “more” is the study of rhetoric.

To put it differently: conventional books about writing often talk as though you get better by pushing as far as you can in one direction: toward more simplicity. But rhetorical force requires two things, not one. The two things might be plain and fancy words, long and short sentences, high or rich substance and low or simple style (or vice versa), the concrete and the abstract, the formal and the informal, or other pairs. If you want your writing to cook, learn how to play with those polarities.

You might wonder what relevance rhetoric can have in the age of Trump. But Trump confirms the importance of all this. He is a user of polarities. Put dignified language into his mouth and he amounts to nothing; put his undignified language into the mouth of someone with ordinary status, and he too would amount to nothing. But such a casual lack of dignity in a tycoon, television star, and presidential candidate—this was something! A more vivid collision of high and low would be hard to devise, and many people have found it compelling or refreshing or amusing enough to make all objections seem trivial.

My book isn’t quite about that sort of rhetorical polarity—not principally, anyway. It’s about other polarities that have been effective in the hands of talented writers and talkers. The methods of earlier eras may not be working as well as the methods of Trump under current conditions (but don’t jump to conclusions; Trump hasn’t been challenged by a Lincoln). Even if so, however, the comings and goings of such appeals run in cycles. The principles of rhetorical power are always worthy of study—or, failing that, fun to know about—no matter what shape they’re taking at the moment.

If you’re interested in these themes, here’s a last link to the book that goes into detail about them; it’s part of a series on rhetoric that also includes this one and this one.

I’m very grateful to Eugene and his crew for letting me visit their great blog and talk about all this. I’ve posted about other books here before—one about thinking like a lawyer, another about the law of restitution, another about Stoic philosophy—and have made good friends among those who found them here. Keep up the good work, Eugene!

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Why Is California Targeting the Tech Firms That Drive Its Economy?

ibpremium897877

During a house-shopping visit to a small industrial city in Ohio where I had taken my first newspaper job, I asked a local, “What’s that smell?” His answer: “What smell?” Residents there had become so accustomed to the industrial scents from the city’s massive chemical plant and oil refinery that they didn’t notice them anymore. When out-of-town visitors would ask me the same question, I’d say: “It’s the smell of money and jobs.”

After the refinery announced plans to shut down, local and state officials desperately tried to convince the company to stay put—and finally intervened to help find a buyer. I don’t believe in such government meddling, but viewed the reaction as understandable. Officials rarely want to lose companies—even old, smelly ones—that fund their budgets and employ their residents.

California, however, is a different animal. Democratic leaders have long lived up to one of Ronald Reagan’s best quotations: “Government’s view of the economy could be summed up in a few short phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.”

Lately though, they have taken this further by singling out the innovative tech sector for torment—as if they’re purposely trying to drive these companies to Texas or Arizona. Unlike in Rust Belt states, that industry provides jobs and money without the air-polluting stench. In fact, these are among the most environmentally friendly industries imaginable.

California officials are constantly bleating about our status as the world’s fifth-largest economy. Its $2.7 trillion Gross Domestic Product has surpassed Great Britain—putting California behind the United States as whole, China, Japan, and Germany. The biggest economic driver here is the tech economy.

Officials should not provide tech firms with special favors—nor should they hobble them. The most obvious example of the latter is Assembly Bill 5, which codifies the California Supreme Court’s 2018 Dynamex decision. The court created a strict new “ABC Test” for determining when a company can use contractors as workers. Simply put, they can never use them to fulfill core company functions (e.g., drivers for a delivery company).

Lawmakers carved out myriad exemptions for traditional businesses (lawyers, engineers, insurance brokers, etc.)—and have agreed to carve out more (musicians) after the law’s implementation led to widespread job losses. But the measure specifically targeted Transportation Network Companies (TNCs) such as Uber and Lyft, and app-based delivery services such as DoorDash and Amazon. The state refuses to relent, even though AB 5 undermines these companies’ business model.

This month, the California Public Utilities Commission, which regulates these businesses, announced that these “drivers are presumed to be employees and the commission must ensure that TNCs comply with those requirements that are applicable to the employees of an entity subject to the commission’s jurisdiction.” The agency will not wait until lawsuits and a November ballot initiative resolve matters.

Meanwhile, Attorney General Xavier Becerra and city attorneys from Los Angeles, San Diego and San Francisco last month filed a controversial lawsuit against Uber and Lyft. They alleged that, “the illicit cost savings defendants have reaped as a result of avoiding employer contributions to state and local unemployment and social insurance programs totals well into the hundreds of millions of dollars.” Gov. Gavin Newsom included $20 million to fund enforcement actions.

In a separate matter, the California Department of Tax and Fee Administration last year sent letters to small businesses across the country that sell products to Californians on online platforms such as Fulfillment by Amazon. The department told them they owe eight years of back taxes. It considers these mostly mom-and-pop firms to have a “physical presence” in California if they distributed products through a third-party warehouse. It was a troubling attack on small businesses, but also on the tech-based firms that drive California’s economy.

During the coronavirus shutdowns, Tesla CEO Elon Musk became so frustrated with California officials that he threatened to move his Palo Alto headquarters to Texas. He announced plans to defy stay-at-home orders and even sued Alameda County, where his Fremont factory is located, but later dropped the suit after working out a deal with the county. The issue was resolved, but it’s telling when a prominent business leader has to threaten to move to get regulatory relief.

In recent years, local governments haven’t been particularly friendly to their hometown companies, either. San Francisco officials have been blaming tech firms for growing income inequality and soaring home prices—even though such problems are largely the fault of the city’s tax and regulatory policies. They’ve proposed hefty taxes that target—and punish—tech companies and they sometimes direct vitriol toward them.

There’s no need to pity successful companies or grant them special deals. It’s strange, however, when state officials are so blinded by their anti-corporate ideology that they become immune to the smell of jobs and money.

This column was first published in the Orange County Register.

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Rhetoric, Polarities, and Trump

Farnsworth

This week I’ve been posting about principles of style that made the writing of Lincoln, Churchill, and Holmes so potent. The posts are all taken from this new book that I hope you will check out if you’ve found the discussions interesting. (Otherwise I just thank you for your patience.)

The examples this week have all involved the choice between different kinds of words: Latinate vs. Saxon, simple vs. complex, abstract vs. visual. The book also talks about many other issues: the lengths of sentences, active vs. passive voice, cadences, etc. It shows how great writers have made use of contrast in working with those variables, and how the contrasts have lent power to their words.

Those examples are part of a general argument that I mentioned on Monday and to which I’ll return here in brief. It is that our culture of advice about good writing is inadequate. Don’t get me wrong: usually being clear and concise is the best thing a writer can do, and sometimes it’s the only thing a writer should worry about. But if you want your words to do more than just convey information—if you want to move others to action, or even just hold their attention—there is more to know. The “more” is the study of rhetoric.

To put it differently: conventional books about writing often talk as though you get better by pushing as far as you can in one direction: toward more simplicity. But rhetorical force requires two things, not one. The two things might be plain and fancy words, long and short sentences, high or rich substance and low or simple style (or vice versa), the concrete and the abstract, the formal and the informal, or other pairs. If you want your writing to cook, learn how to play with those polarities.

You might wonder what relevance rhetoric can have in the age of Trump. But Trump confirms the importance of all this. He is a user of polarities. Put dignified language into his mouth and he amounts to nothing; put his undignified language into the mouth of someone with ordinary status, and he too would amount to nothing. But such a casual lack of dignity in a tycoon, television star, and presidential candidate—this was something! A more vivid collision of high and low would be hard to devise, and many people have found it compelling or refreshing or amusing enough to make all objections seem trivial.

My book isn’t quite about that sort of rhetorical polarity—not principally, anyway. It’s about other polarities that have been effective in the hands of talented writers and talkers. The methods of earlier eras may not be working as well as the methods of Trump under current conditions (but don’t jump to conclusions; Trump hasn’t been challenged by a Lincoln). Even if so, however, the comings and goings of such appeals run in cycles. The principles of rhetorical power are always worthy of study—or, failing that, fun to know about—no matter what shape they’re taking at the moment.

If you’re interested in these themes, here’s a last link to the book that goes into detail about them; it’s part of a series on rhetoric that also includes this one and this one.

I’m very grateful to Eugene and his crew for letting me visit their great blog and talk about all this. I’ve posted about other books here before—one about thinking like a lawyer, another about the law of restitution, another about Stoic philosophy—and have made good friends among those who found them here. Keep up the good work, Eugene!

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Why Is California Targeting the Tech Firms That Drive Its Economy?

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During a house-shopping visit to a small industrial city in Ohio where I had taken my first newspaper job, I asked a local, “What’s that smell?” His answer: “What smell?” Residents there had become so accustomed to the industrial scents from the city’s massive chemical plant and oil refinery that they didn’t notice them anymore. When out-of-town visitors would ask me the same question, I’d say: “It’s the smell of money and jobs.”

After the refinery announced plans to shut down, local and state officials desperately tried to convince the company to stay put—and finally intervened to help find a buyer. I don’t believe in such government meddling, but viewed the reaction as understandable. Officials rarely want to lose companies—even old, smelly ones—that fund their budgets and employ their residents.

California, however, is a different animal. Democratic leaders have long lived up to one of Ronald Reagan’s best quotations: “Government’s view of the economy could be summed up in a few short phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.”

Lately though, they have taken this further by singling out the innovative tech sector for torment—as if they’re purposely trying to drive these companies to Texas or Arizona. Unlike in Rust Belt states, that industry provides jobs and money without the air-polluting stench. In fact, these are among the most environmentally friendly industries imaginable.

California officials are constantly bleating about our status as the world’s fifth-largest economy. Its $2.7 trillion Gross Domestic Product has surpassed Great Britain—putting California behind the United States as whole, China, Japan, and Germany. The biggest economic driver here is the tech economy.

Officials should not provide tech firms with special favors—nor should they hobble them. The most obvious example of the latter is Assembly Bill 5, which codifies the California Supreme Court’s 2018 Dynamex decision. The court created a strict new “ABC Test” for determining when a company can use contractors as workers. Simply put, they can never use them to fulfill core company functions (e.g., drivers for a delivery company).

Lawmakers carved out myriad exemptions for traditional businesses (lawyers, engineers, insurance brokers, etc.)—and have agreed to carve out more (musicians) after the law’s implementation led to widespread job losses. But the measure specifically targeted Transportation Network Companies (TNCs) such as Uber and Lyft, and app-based delivery services such as DoorDash and Amazon. The state refuses to relent, even though AB 5 undermines these companies’ business model.

This month, the California Public Utilities Commission, which regulates these businesses, announced that these “drivers are presumed to be employees and the commission must ensure that TNCs comply with those requirements that are applicable to the employees of an entity subject to the commission’s jurisdiction.” The agency will not wait until lawsuits and a November ballot initiative resolve matters.

Meanwhile, Attorney General Xavier Becerra and city attorneys from Los Angeles, San Diego and San Francisco last month filed a controversial lawsuit against Uber and Lyft. They alleged that, “the illicit cost savings defendants have reaped as a result of avoiding employer contributions to state and local unemployment and social insurance programs totals well into the hundreds of millions of dollars.” Gov. Gavin Newsom included $20 million to fund enforcement actions.

In a separate matter, the California Department of Tax and Fee Administration last year sent letters to small businesses across the country that sell products to Californians on online platforms such as Fulfillment by Amazon. The department told them they owe eight years of back taxes. It considers these mostly mom-and-pop firms to have a “physical presence” in California if they distributed products through a third-party warehouse. It was a troubling attack on small businesses, but also on the tech-based firms that drive California’s economy.

During the coronavirus shutdowns, Tesla CEO Elon Musk became so frustrated with California officials that he threatened to move his Palo Alto headquarters to Texas. He announced plans to defy stay-at-home orders and even sued Alameda County, where his Fremont factory is located, but later dropped the suit after working out a deal with the county. The issue was resolved, but it’s telling when a prominent business leader has to threaten to move to get regulatory relief.

In recent years, local governments haven’t been particularly friendly to their hometown companies, either. San Francisco officials have been blaming tech firms for growing income inequality and soaring home prices—even though such problems are largely the fault of the city’s tax and regulatory policies. They’ve proposed hefty taxes that target—and punish—tech companies and they sometimes direct vitriol toward them.

There’s no need to pity successful companies or grant them special deals. It’s strange, however, when state officials are so blinded by their anti-corporate ideology that they become immune to the smell of jobs and money.

This column was first published in the Orange County Register.

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The Biggest Disconnect Between Prices And Profits In Stock Market History?

The Biggest Disconnect Between Prices And Profits In Stock Market History?

Tyler Durden

Fri, 06/26/2020 – 08:19

Authored by Jesse Felder via TheFelderReport.com,

Everyone is talking about the massive disparity between stock prices and fundamentals right now. To paraphrase Jeremy Grantham, we now find ourselves in the top 1% of stock market valuations and the bottom 1% of economic outcomes (based on the annualized rate of decline in second quarter GDP). A popular way to demonstrate this gap is seen in the chart below which plots total equity values along with total corporate profits.

At first glance, it appears this is the biggest disconnect between prices and profits in at least 30 years. However, if we turn this into a price-to-earnings ratio, it becomes clear that the stock market bubble of 20 years ago actually takes the cake.

But what a simple price-to-earnings ratio doesn’t account for is the fact that Dotcom bubble appears so severe in the chart above largely because profit margins were relatively depressed at the time. Furthermore, profit margins in recent years became extremely inflated. This serves to make stock prices over the past few years look less expensive than they otherwise would.

So if we normalize profit margins (hat tip, John Hussman), we can see that stock prices today are more expensive than they were 20 years ago at the peak of the Dotcom mania. It turns out that the current disconnect between stock prices and sustainable profits is, in fact, greater than anything we have seen in modern history.

The last time we saw prices and earnings disconnect in such an extreme way famously led to a “lost decade” for the stock market from 2000 to 2010. Is it unreasonable to think the current extreme in valuations could lead to another “lost decade,” especially if profit margins are only beginning to revert to their historical mean?

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