The Pizza Principle

From Delaware Chancellor Bouchard in yesterday’s decision in In re Transperfect Global, Inc. / Elting v. Shawe:

Nine years ago, in shifting fees where a litigant had advanced frivolous arguments, then-Chancellor Strine remarked that “it is more time-consuming to clean up the pizza thrown at a wall than it is to throw it.” The “pizza principle” is on full display in this decision.

Before the court are petitions the Custodian of TransPerfect Global, Inc. filed for reimbursement of attorneys’ fees and expenses he and his counsel incurred from May 2019 to December 2020. The amount is large—approximately $3.66 million. As detailed below, however, the vast majority of this amount was incurred because TransPerfect and its 99% owner, Philip R. Shawe, kept throwing pizzas at the wall. Among other things, they sued the Custodian in Nevada state court concerning two of his fee petitions in contempt of an exclusive jurisdiction provision in an order of this court; prematurely made not one, but five different attempts for appellate review of the contempt decision; objected in 192 pages of briefing and 108 pages of expert submissions to virtually every entry in the Custodian’s billing records; and filed three non-meritorious motions attacking various aspects of the fee petitions.

In this unduly lengthy opinion [64 pages, and 494 citation footnotes]—necessitated by having to clean up the “extralarge, deep-dish pie[s] with lots of toppings” that TransPerfect and Shawe have thrown against the wall—the court grants the Custodian’s fee petitions in the amount of $3,242,251, to be paid in the manner explained herein.

From a 2016 story in Forbes (Katia Savchuk), some backstory on the corporate breakup that led to the litigation:

Elting and Shawe built the company from a dorm-room startup to a global leader with $505 million in sales. But tensions between them flared up five years ago, spilling into legal battles in two states with mortifying episodes of infighting. There was Shawe charging the petite Elting with battery by high heel, his breaking into her office and stealing her confidential e-mails with attorneys, and F-bombs galore. Despite an astonishingly acrimonious relationship, the ex-lovers have thrived as business partners, and out of their dysfunction has grown a company that has, ironically, solved one of the world’s biggest problems—how to communicate better.

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The Pizza Principle

From Delaware Chancellor Bouchard in yesterday’s decision in In re Transperfect Global, Inc. / Elting v. Shawe:

Nine years ago, in shifting fees where a litigant had advanced frivolous arguments, then-Chancellor Strine remarked that “it is more time-consuming to clean up the pizza thrown at a wall than it is to throw it.” The “pizza principle” is on full display in this decision.

Before the court are petitions the Custodian of TransPerfect Global, Inc. filed for reimbursement of attorneys’ fees and expenses he and his counsel incurred from May 2019 to December 2020. The amount is large—approximately $3.66 million. As detailed below, however, the vast majority of this amount was incurred because TransPerfect and its 99% owner, Philip R. Shawe, kept throwing pizzas at the wall. Among other things, they sued the Custodian in Nevada state court concerning two of his fee petitions in contempt of an exclusive jurisdiction provision in an order of this court; prematurely made not one, but five different attempts for appellate review of the contempt decision; objected in 192 pages of briefing and 108 pages of expert submissions to virtually every entry in the Custodian’s billing records; and filed three non-meritorious motions attacking various aspects of the fee petitions.

In this unduly lengthy opinion [64 pages, and 494 citation footnotes]—necessitated by having to clean up the “extralarge, deep-dish pie[s] with lots of toppings” that TransPerfect and Shawe have thrown against the wall—the court grants the Custodian’s fee petitions in the amount of $3,242,251, to be paid in the manner explained herein.

From a 2016 story in Forbes (Katia Savchuk), some backstory on the corporate breakup that led to the litigation:

Elting and Shawe built the company from a dorm-room startup to a global leader with $505 million in sales. But tensions between them flared up five years ago, spilling into legal battles in two states with mortifying episodes of infighting. There was Shawe charging the petite Elting with battery by high heel, his breaking into her office and stealing her confidential e-mails with attorneys, and F-bombs galore. Despite an astonishingly acrimonious relationship, the ex-lovers have thrived as business partners, and out of their dysfunction has grown a company that has, ironically, solved one of the world’s biggest problems—how to communicate better.

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“There Is No Shortage?” Train Loads Of Lumber Stacked As Far As The Eye Can See 

“There Is No Shortage?” Train Loads Of Lumber Stacked As Far As The Eye Can See 

One of the most important things we’ve learned over the past year is the vulnerability of global supply chains. Most notably, supply disruptions of lumber have catapulted prices to the moon. 

The narrative touted in the public domain is that COVID-19 sparked a dramatic underestimate in capacity by sawmills early in the pandemic as the Federal Reserve slashed interest rates to zero, sparking a housing boom. The influx of demand outpaced supply and has caused lumber prices to jump 340% from a year ago, according to Random Lengths. 

In terms of output, the lumber industry is controlled by just a handful of firms, including Weyerhaeuser Co., Georgia-Pacific LLC, West Fraser Timber Co., Ltd., among others, which makes it easier for capacity to be controlled. 

Maybe there’s more to the lumber story that we’re not being told and should be investigated more in-depth by journalists. 

YouTube account “Ken’s Karpentry” recently published a video of “huge quantities” of lumber sitting and not in lumberyards. The exact location of the video is not mentioned but could be near Lyndonville, Vermont. 

The narrator in the video, perhaps it’s Ken, but we’re not sure, explains that a train depot has been transformed into a makeshift lumber yard. He said train loads of lumber coming out of Canada are offloaded here and then transported by tractor-trailer to lumberyards across the country.  

He said, “I am astounded by how much lumber is here, and I am wondering why there is such a problem at lumber yards.” He added the facility stretches 3/8 of a mile. 

The video has more than 300,000 views and over 1,300 comments in just a few weeks. 

One person said, “Gee, could it be to keep the price gouging and profits up?? This whole excuse that “it’s due to covid” b*llsh!t has got to stop!” 

“It’s too bad there are no investigative reporters left in the world. This lumber story needs to be investigated and exposed,” some else said. 

Another person said:

“This is what happens when a few companies own the entire market.” 

And this person makes an interesting point:

“There is no lumber shortage. It’s just Weyerhouse and GP wanting to drive up profits.” 

So could the lumber industry, controlled just by a few players, be pulling the playbook straight out of the diamond industry to limit supply to drive up prices?

Tyler Durden
Sat, 05/01/2021 – 18:00

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Escaping Serfdom

Escaping Serfdom

Authored by Jeff Thomas via InternationalMan.com,

The concept of government is that the people grant to a small group of individuals the ability to establish and maintain controls over them. The inherent flaw in such a concept is that any government will invariably and continually expand upon its controls, resulting in the ever-diminishing freedom of those who granted them the power.

When I was a schoolboy, I was taught that the feudal system of the Middle Ages consisted of serfs tilling small plots of land that belonged to a king or lord.

The serfs lived a meagre life of bare subsistence and were subject to the tyranny of the king or lord whose men would ride into their village periodically and take most of the few coins the serfs had earned by their toil.

The lesson I was meant to learn from this was that I should be grateful that, in the modern world, I live in a state of freedom from tyranny, and as an adult, I would pay only that level of tax that could be described as “fair”.

Later in life, I was to learn that, in the actual feudal system, some land was owned by noblemen, some by common men. The commoners typically farmed their own land, whilst the noblemen parcelled out their land to farmers, in trade for a portion of the product of their labours.

As a part of that bargain, the nobleman would pay for an army of professional soldiers to protect both the farms and the farmers. Significantly, unlike today, no farmer was required to defend the land himself, as it was not his.

There was no exact standard as to what the noblemen would charge a farmer under this agreement, but the general standard was “one day’s labour in ten”.

This was not an amount imposed or regulated by any government. The nobleman could charge as much as he wished; however, if he raised his rate significantly, he would find that the farmers would leave and move to another nobleman’s farm. The 10% was, in essence, a rate that evolved over time through a free market.

Modern Serfdom

Today, of course, if most countries levied an income tax of a mere 10%, there would be dancing in the streets. And the days of one simple straightforward tax are long gone.

Today, the average person may expect to pay property tax (even if he is a renter), sales tax, capital gains tax, value added tax, inheritance tax, and so on. The laundry list of taxes is so long and complex that it is no longer possible to compute what the total tax level actually is for anyone.

And to this, we add the hidden tax of inflation. In the US, for example, the Federal Reserve has, over the last hundred years, devalued the dollar by 98%, a hefty tax indeed. And the US is not alone in this.

Only 50 years ago, the average man might work a 40-hour week to support a wife who remained at home raising the children. He often had a mortgage on his home but might have it paid off in ten years. He paid cash for nearly everything else that he and his family owned or consumed.

Today, both husband and wife generally must be employed full time. In spite of this, they can’t afford as many children as their parents could, and they generally remain in debt their entire lives, even after retirement. This is significant inflation by any measure.

In contrast, in the Middle Ages, the cost of goods might remain the same throughout the entire lifetime of an individual.

In light of the above, the 10% that was paid by the serfs is beginning to look very good indeed.

However, the great majority of people in the First World are likely to say, “What can you do; it’s the same all over the world. You might as well get used to it.”

Well, no, actually, it’s not.

There are many governmental and economic systems out there and many are quite a bit more “serf friendly” than those in the major countries.

Countries such as the British Virgin Islands, the Cayman IslandsBermuda and the Bahamas have no income tax. Further, some have no property tax, sales tax, capital gains tax, value added tax, inheritance tax, and so on.

So how is this possible?

The OECD countries state that it is largely accomplished through money laundering, but this is not the case. In fact, low-tax jurisdictions are known to have some of the most stringent banking laws in the world.

The success of these jurisdictions is actually quite simple. Most of them are small. They have small populations and therefore need only a small government. Yet each jurisdiction can accommodate large numbers of investors from overseas. This results in a very high level of income per capita.

But unlike large countries, the money that is deposited or invested there is overseas money, so it is not captive. Investors can transfer it out overnight if need be.

So, even if the politicians are no better than those in larger countries (generally, they are of the same ilk), they’re aware that, like the noblemen of old, if they attempt to impose taxation, the business will dry up quickly.

In fact, such a free market dictates that the jurisdictions keep on their toes and keep trying to outdo their competitors by being more investment friendly.

Therefore, the politicians in these countries, who might be only too happy to promise entitlements to their constituents, then tax them to the hilt in order to pay for the entitlements, are kept restrained by their own system.

Are there downsides to living in a low-tax jurisdiction? Yes.

As most of them are small but require a very high standard of living in order to attract investors, they must import virtually all goods needed by residents. This means a higher cost of all goods, as compared to the cost in a country that produces such goods. However, the wage level is also higher, which tends to balance out the equation.

But there are also upsides.

Those who move to such a jurisdiction find that after the first year there (when the basics such as cars, televisions, etc., have been paid for), all further income that has been saved from taxation is beginning to get deposited in the bank.

At some point, the deposit level becomes great enough that investment becomes advisable. And as low-tax jurisdictions tend to be naturally prosperous, there is generally no limit to the opportunities for investment within the jurisdiction.

There is a further benefit to living in a low-tax jurisdiction that tends to become apparent over time. Any government that depends on major investments from overseas parties must, of necessity, be non-intrusive and non-invasive. Such a government stays out of people’s business, eschews electronic monitoring and most certainly is not given to SWAT teams crashing down doors for imagined wrongdoing.

Benjamin Franklin famously said, “Nothing can be said to be certain, except death and taxes.”

He was correct, but the level of tax can vary greatly from one country to the next. And just as important, the level of government intervention into the affairs of its citizenry varies considerably. In a country where the level of tax is low, the quality of life is generally correspondingly high.

A thousand years ago, noblemen, from time to time, became overly confident in their ability to keep the serfs on the farmland and demanded taxes beyond the customary “one day’s labour in ten”. When they did, the serfs of old often voted with their feet and simply moved. Today, this is still possible.

If the reader presently contributes more than one day’s labour in ten to his government, he may wish to consider voting with his feet.

*  *  *

The political and economic climate is constantly changing… and not always for the better. Obtaining the political diversification benefits of a second passport is crucial to ensuring you won’t fall victim to a desperate government. That’s why Doug Casey and his team just released a new complementary report, “The Easiest Way to a Second Passport.” It contains all the details about one of the easiest countries to obtain a second passport from. Click here to download it now.

Tyler Durden
Sat, 05/01/2021 – 17:35

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How Costco Is Masking A 14% Price Jump With Shrinkflation

How Costco Is Masking A 14% Price Jump With Shrinkflation

The oldest trick in the retailer book is back.

We have previously written about shrinkflation – the “creative” masking of higher prices whereby retailers sell a materially lower amount of products for the ‘same’ price, covering up what is often a significant price increase on a “per unit” basis (see “”Shrinkflation” – How Food Companies Implement Massive Price Hikes Without You Ever Noticing“, “Shrinkflation Hits The UK: Toblerone Shrinks By 10%, Price Stays The Same“, Shrinkflation Intensifies – Stealth Inflation As Thousands of Food Products Shrink In Size, Not Price), and we have a feeling that in light of the recent surge in commodity costs and food prices, we will be writing about it a whole lot more in the coming weeks.

Take Costco, which as The Bear Traps report notes, is now charging the same price for paper towels but the roll has 20 fewer sheets. TBT refers to a recent post in a Red Flag Deals message board, where a member makes the following observation:

Costco paper towels. Same price as the previous several times buying them. Now with 20 fewer sheets.

140/160= .875

The stealthy decline of 20 sheets per roll of towels from 160 to 140 for the “same price” is the functional equivalent of 14.3% inflation, and as TBT notes, “In our experience, only potato chip companies can get away with selling a half empty package.”

Of course, once companies realize they can get away with such shrinkflation – and they will because as a RFD member responds…

I tried telling the clerk at Costco about this, and they said “who cares, it’s just 20 sheets.”

Will be the typical response.

… the obvious next step will be to no longer bother with such attempts at masking double digit inflation, and to hike prices outright until there is an actual decline in supply, or as TBT predicts, “this is the precursor to real inflation next.” And sure enough, names from consumer giants from Kimberly-Clark to Clorox, Procter & Gamble, as well as food makers such as Hormel, JM Smucker, General Mills, Skippy and Hershey are already doing just that.

But don’t worry, according to the Chairman, “it’s transitory.”

Tyler Durden
Sat, 05/01/2021 – 17:10

via ZeroHedge News https://ift.tt/33amvco Tyler Durden

“This Is A Game-Changer For Uranium Stocks”

“This Is A Game-Changer For Uranium Stocks”

Submitted by Larry McDonald of The Bear Traps Report

The Uranium Bull Thesis

Uranium names are moving higher, breaking the recent downtrend just like energy names.

Our copper thesis has played out nicely. But from a Washington policy perspective Uranium is the next trade.

Last week we learned that Uranium Participation will be bought by Sprott. This is a large deal, game changer. A lot of hedge funds in our chat are discussing. I think Uranium prices double over the next 12 months. High conviction. It’s the pure, centrist green energy play, Nuclear power.

Plays – Nexgen, Denison, CCJ, URA ETF

This is BIG news. 

U Participation Corp, was a company that was buying U and sitting on it, the original yellow cake. The market will now have daily price discovery and a retail / family office / small asset manager speculation vehicle. Game changer.

Denison CEO was reluctant, didn’t think he could increase the pounds per share, now we have a new team taking over (Sprott). Very bullish for uranium. 

  1. We are getting a US listed vehicle with a physical redemption. Like a GLD for uranium. Look at PSLV and PHYS, equivalent.
  2. A new mechanism for retail, institutional. An at the market facility. Technically a closed end fund, NOT a GLD.
  3. Pounds come in, don’t go out. They could do a buyback if the market provides that opportunity.
  4. U Participation is tough to buy, pink sheet. RobinHood crowd cannot buy!!! Now there will be a new liquidity vehicle. 
  5. Mgmt transition from Dennison to Sprott. Think Industry player to real asset mgr. 
  6. When there is large premium, new buyers are vulnerable. This has suppressed upside momentum. NOW there is a liquid vehicle, large buyers can come in with a liquidity work out. 
  7. Next, Sprott does a big offering, to bring in new pounds into the fund. There was too much inventory of uranium in the system, this vehicle will eliminate this problem. Substantially reduce the problem. New size buyers of the fund will quickly translate into spot buying!
  8. Think CME and oil, this could be a new real franchise / a liquidity central facility. 
  9. Management take over might take 2/3 months. Then the premium U Part will come in, was 16% today. In a month or so, Dan Loeb can come in and buy $100m without the premium risk. Pounds will permanently be removed from the mkt. NOT at ETF, its a closed end fund. A discount may develop in the shares, but new buyers are in a much better spot. 
  10. When a large hedge fund sells, they come back, stay in fund.
  11. Closed end fund, pounds come in, don’t go out. Pounds will stay in the vehicle. It’s not a create and redeem situation like an ETF. Big seller will just create a discount. 

Uranium bulls in our chat are calling the bottom with conviction.

Transformational deal. 

CCJ Cameco Breaking Out

CCJ Cameco Corp is a) breaking downtrend consolidation b) almost back in the BULL uptrend. We remain long a 2/3 position in CCJ and a 1/3 position in the URA Uranium ETF.

Uranium Participation Corp In Agreement with Sprott Asset Management to Modernize Business Structure and Pursue U.S. Listing

Entered into an arrangement agreement with Sprott Asset Management LP, a wholly owned subsidiary of Sprott Inc. (NYSE/TSX: SII), pursuant to which UPC shareholders will become unitholders of the Sprott Physical Uranium Trust a newly formed entity to be managed by Sprott Asset Management.

* * *
Uranium News of the day 

Sprott Asset Management taking over management of Uranium Participation Corp will light this market on fire and ultimately help drive the price of uranium much higher and faster than most realize. Our friend Kevin Bambrough actually conceived of uranium participation corp back in the mid 2000’s (over a sushi lunch) in the year leading up to that lunch he had aggressively pitched Eric Sprott on going big in uranium stocks and predicted a move from $11/lb to $140/lb. think of $140/lb simply as the inflation-adjusted price from the 70’s uranium bull market and over that year players bought 20% of most uranium juniors and a decent chunk of Cameco. We also invested in a few privates and helped some shell companies acquire uranium assets. The uranium price had run up from the teens to the low 20’s around that time and the spot market was very thin much like today. Over the course of that lunch Kevin was ranting about how certain he was that the uranium price would be moving up soon. Our pal was certain that the thin market was ripe to be squeezed higher and that our stocks would all rip as the price moved up.  A few hedge funds had recently bought a little physical uranium and were storing it with Cameco or Denison as req by law/regs. The lunch ended with the declaration that Kevin was going to pitch Eric Sprott to let him launch an uranium hold co ETF and Kevin did that very afternoon and it was an easy sell.  One thing people loved most about working with Eric is that there was no fucking around.  He made quick decisions.  Only thing was he didn’t want was ‘wasting time’ on the ETF. They were running billions in hedge fund and equity funds and we think that year heading towards $100mm plus in incentive fees. Some years they hit $200mm of incentives. The fees from a uranium ETF would be small. They called Chris Roy at Cormark (Sprott securities then) and said let’s work on this idea together. Being a brokerage you can do the raises and get 5 percent. Or $5mm in fees on the first $100mm and Eric had blessed a $20mm lead order. Anyhow, long story short, they launched it and just the news of it coming sent the uranium price up several dollars. As orders for the ipo grew and uranium was purchased the price when up a few more.  Moved near $22 to 28.50/lb in a few months as the prospectus got filed. The vehicle came out and kept trading at a premium and issue after issue swallowed up millions of lbs of uranium. Utilities felt incredible pressure knowing the vehicle was gonna keep gobbling up supply and this forced them to scramble and start entering into long term contracts. The spot price moving up over $100/lb and with little to no spot available forced them to sign contracts to try to get a discount and deals with $75/lb floors became the rage for miners. Those that signed long term fixed deals sub $50 took a look of flack from investors. So one thing to understand is utilities or fuel buyers will always avoid buying spot prices and pushing them higher. They have zero interest in doing that.  All they want to do is secure long term contracts for supply. They prefer to sign deals with ceiling prices. They also try when possible to sign deals centered around a price like $45/lb (like they have with Cameco) but if the spot price goes up they only pay a portion of the increase.

URPTF Uranium Participation Corp

Uranium Participation Corp’s US ADR is broke out to the upside out of the recent wedge on Wednesday. The company is now pursuing a US listing, which in our view, will prompt front-running inflows.

Uranium Market

Oversupplied market like we’ve had meant they could point to a weak spot price and contract as such. Back then UPC (Uranium Participation Corp) wasn’t able to issue shares at the market and needed to trade at a decent premium in order to be able to justify paying issuance fees and accretively purchase more uranium. So here we are today. About a year off the bottom of the uranium market. Yellow cake did an issuance and some miners bought some lbs. Well the big dog in the space is upc by a country mile and it’s been notably quiet for months cause they were obviously working on this deal. In order to change to the trust format and be dual listed in Canada and the USA they needed a licensed money manager. Enter Sprott 2021 and the physical ETF powerhouse it’s become. UPC will become much like the Silver and Gold etfs and be able do ATM issuance. This is a complete game changer. It means both retail and institutional investors will be able to cause physical uranium to be purchased like never before.

UPC shares will be issued with just a slight premium and uranium will be purchased as close to real time as possible. Many of us uranium investors have a very positive view on physical uranium but often shy away from buying upc or yellowcake at a premium knowing well that any day a deal could be announced and the premium gets crushed and you can lose a quick 5 or 10 percent. Totally kills it. Demand has in my mind been incredibly pent up as a result of the lack of a clean structure.   Also, many institutions will only allocate on a deal if that. Liquidity and lack of ability to get in or out near NAV is a big concern (as it should be). Well very soon that’s solved. Not only that but consider the various uranium etfs that also hold a piece of Uranium participation corp or Yellowcake. Those etfs continually issue shares and basket buy their holdings. We imagine often pushing the premium up on upc and likely cause other shareholders to sell. So once the transition is complete when uranium stock etfs get inflows and buy upc it will directly cause uranium lbs to be purchased. This improved liquidity may end up causing some etfs to increase there weighting in upc as a result. (Btw say good bye to yellowcakes premium. We doubt yellow cake will raise much more money unless they can issue ATM as well and we don’t know AIM rules.

So, carrying on with upc. Having it NYSE listed will give it much better exposure and make it eligible for many USA based funds that either cant or don’t invest in Canada. The total size of USA market is around $50 trillion vs Canada $3.5 trillion. 13x bigger.

UPC has not done an issuance yet in this uranium bull market.  It was trading at a discount last year and actually sold uranium and bought back stock because it was accretive to do so. So the North American markets have been ‘underserved’ for a year.

Bulls will be buying UPC as soon as it has the ATM ability and they know their purchase will go to new uranium purchase. High conviction bulls feel the uranium price will be double in a few years or less… It’s the biggest no brainer safe trade you can find. If only a double in 10 years that’s 7 percent per annum. And it will double in 2 years or less, bulls say.

Institutions, high net worth, and retail investors will flock to it. So as some will argue.. that’s just noise. It was gonna happen anyhow.  Well on to the next part… it’s not just about soaking up the spot market it’s about releasing this a new beast and what it does to the market psychologically. Fuel buyers / utilities are going to soon panic as they see the UPC doing volume every day and issuing shares. They will be following the spot market and wondering like all of us where the price will go next.  How many more marginal lbs are available in the spot market? Potential sellers of spot will likely decide to hang on and ‘see’ what happens. It’s a totally new dynamic and it’s effect shouldn’t be under estimated.

In the past, just prior to an issuance by a upc or yellow cake they would put a call into a trader or Denison on behalf of upc.

Transformational deal.

Utilities will learn they overplayed their hand, now they will PAY up. We can’t tell you how many times we have said that in an asset class this mispriced things just happen to realize the value. And this is one of those things.

This deal between Sprott and UPC is transformational. It has the potential to be immense.

If run like their other commodity trusts, which we see no reason why not, it now puts a daily bid in the market. It allows for pure price speculation on a daily basis – which heretofore has  not existed. It doesn’t require establishment of storage agreements by investors. They can just express their view in the market every day. This will take UxC’s bullshit broker average price that shows up daily based on bullshit trader bids and asks and render it useless as the price will be the last traded price . And with flows into a trust that buys uranium – well. That is new to this market. A constant bid in the market. This is what happens when something is absurdly cheap – it attracts capital.

Utilities with spot referred contracts – good luck. They may not figure it out right away. They will when investors have a vehicle to buy uranium every day.

Also, we assume that they will correct some of the features of UPC that held it back. For example, we assume they will maintain an evergreen prospectus and tap overnight markets to be agile. And, also we assume they will remove the restriction that procurement can only happen at a premium to NAV while buying uranium at a significant discount to market. That was always stupid.

Also the WMC guys are sharp. They will bring credibility to the investor marketing. And, assuming their liaison role extends to procurement and sales (building a small book to cover fees) they are quite familiar with the principles a fund needs to follow in these areas to maximize value for its investors (versus maximizing value for traders and utilities).

A Decade after Fukushima, Japan Restarting Nuclear

Japan; Governor has officially approved restart of 3 more nuclear reactors in Takahama-1 & 2 and Mihama-3. Minister says Japan “will use nuclear power sustainably into the future” – promising grants for further restarts.

Meanwhile…

Japan’s Coal Pipeline is Bare After Last Planned Project Axed – Link Here

Tyler Durden
Sat, 05/01/2021 – 16:45

via ZeroHedge News https://ift.tt/2PE9HIg Tyler Durden

Aussies Trying To Return Home From India Face Up To $66,600 In Fines Or Five Years Imprisonment

Aussies Trying To Return Home From India Face Up To $66,600 In Fines Or Five Years Imprisonment

Australians trying desperately to return home from COVID-stricken India will face fines and jail time, according to treasurer Josh Frydenberg, who defended the hardline approach as “drastic” but necessary, and denied it’s “irresponsible” to leave fellow Australians stranded.

https://www.theguardian.com/australia-news/2021/apr/30/australian-gover…,” said Frydenberg, adding “We’ve acted on the medical advice.”

“The situation in India is dire. It is very serious. More than 200,000 people have died and there are more than 300,000 new cases a day.”

As The Guardian reports, the move comes after two Australian cricketers circumvented a travel ban after traveling from India to Qatar before returning home, after the government banning all direct flights from India.

After Friday’s meeting of the national cabinet, the prime minister, Scott Morrison, issued a statement saying governments “noted the measures that have been put in place to restrict entry into Australia of people who have previously been in high-risk countries determined by the chief medical officer”.

National cabinet noted the chief medical officer’s assessment that India is the first country to meet the threshold of a high-risk country,” the statement said.

It foreshadowed “further measures to mitigate risks of high-risk travellers entering Australia” but did not flag criminalising returns explicitly.

Earlier in the day, Morrison told Sydney radio station 2GB a loophole whereby travellers could get around the India flight ban by transiting through a third country was closed on Wednesday evening. -The Guardian

“That flight that those cricketers were on managed to get away just before that,” added Morrison. “We had information on Monday that that wasn’t possible.”

Australian health minister, Greg Hunt, announced the strict measures late Friday night, adding that anyone attempting to sidestep the regulations would be hit with fines of up to $66,600 or five years in prison, or both.

“The government does not make these decisions lightly,” said Hunt, invoking powers granted under the Biosecurity Act to introduce the measures. “However, it is critical the integrity of the Australian public health and quarantine systems is protected and the number of Covid-19 cases in quarantine facilities is reduced to a manageable level.”

The new rule will take effect beginning Monday and will be reviewed on May 15.

Biosecurity regulations invoked to manage public health during the pandemic already give government authorities sweeping powers.

Biosecurity control orders currently allow authorities to require an individual to provide contact details, regularly update an officer of their health status, restrict movement by remaining at the individual’s place of residence for a specified period, undergo decontamination, provide body samples for diagnosis, undertake treatment or receive a vaccination, remain in Australia for up to 28 days, or be isolated at a medical facility.

In addition to control orders, the regulations give the health minister scope to determine biosecurity emergencies. These powers allow the minister to “determine any requirement that he or she is satisfied is necessary” to prevent entry or spread of disease. -The Guardian

Last week, Australia suspended direct commercial and government repatriation flights from India until mid-may, leaving around 9,000 Australian nationals who have registered with the Department of Foreign Affairs in limbo. According to the report, around 650 of them are considered vulnerable.

Approximately 20,000 individuals have returned to Australia from India since March 2020.

Tyler Durden
Sat, 05/01/2021 – 16:20

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When Politicians Say Fair Tax, They Only Mean More Tax

When Politicians Say Fair Tax, They Only Mean More Tax

Authored by James Harrigan via The American Institute for Economic Research,

Politicians never seem to have much trouble telling us they want to raise taxes. It seems to come as naturally to them as breathing does to the rest of us. They do their level best to keep the spotlight on “the rich,” of course, who they say must “pay their fair share.” But what do politicians hardly ever say? They hardly ever say who “the rich” are. And when they do, they usually point to multibillionaires while meaning people with considerably less. What do they also never say?

They never say what a “fair share” is. It really just means “more.” Who would’ve thought.

This leaves a problem for the class warfare class, because it is these same rich people who fund their political campaigns. And as if that weren’t bad enough, most Congressmen and Senators are rich themselves. The two who yell the loudest about taxing the rich, Bernie Sanders and Elizabeth Warren, are worth $2.5 million and $12 million respectively. What are the odds that these two, and all their cronies in Congress, would bite the hands that feed them? What are the odds they would bite their own hands?

We do well to remember 1988. George H. W. Bush, in accepting the Republican nomination for the presidency made his point perfectly clear. People would pressure him to raise taxes, but when that happened he would say, he claimed, “Read my lips. No new taxes.” All things considered, that’s a pretty easy promise to make, but a much harder promise to keep. It wasn’t long before Bush broke his promise, but in doing so he only went after “the rich,” signing into law a 10 percent luxury tax on things rich people buy – yachts, private planes, and expensive jewelry.

The tax was supposed to raise more than $30 million in additional revenue, but it didn’t raise much of anything. The rich simply went elsewhere to purchase their luxuries. Entrepreneurs and the working class paid, and they paid dearly as the tax destroyed almost 10,000 jobs in the boating, aircraft, and jewelry industries. Meanwhile, foreign companies in these industries made out like bandits. And that’s the difference between the rhetoric and the reality of taxation. 

We can dig deeper still into tax reality through the Congressional Budget Office (CBO), which asks Americans how much they earn and how much they pay in federal taxes. Breaking down those answers by income level provides some valuable insight into who is and isn’t paying their “fair share.” 

To sidestep technical problems like write-offs and deductions, wages versus interest income, and payroll versus capital gains taxes, the CBO lumps together into a single pile all the federal taxes people actually pay: income taxes (net of the Earned Income Tax Credit), payroll taxes, corporate taxes (including capital gains taxes), and excise taxes. Into another pile, the CBO places the market income people earn from all sources: wages, salaries, employer-paid benefits, interest income, business income, capital gains, rental income, deferred income, and other sources of non-governmental income. CBO then divides the first number by the second to get people’s average effective tax rates. The average effective tax rate is the fraction of people’s total incomes that they actually pay to the IRS.

The CBO’s latest numbers don’t tell us what is fair; but they do tell us who is paying what. While politicians avoid this the way vampires avoid garlic, knowing what people actually pay is the first thing we need to determine in any discussion of what’s “fair.”

In 2017 (the last year for which data is available), average household income among the top 1% was $2 million, average household income among the middle 20% was $61,700, and among the bottom 20% was $15,900. After the various accounting and legal gymnastics one goes through to reduce one’s tax burden, the average household among the top 1% paid around 32% of that $2 million in federal taxes. The average middle-income household paid 17%, and the average household among the bottom 20% paid less than 2%.

In other words, the average one-percenter household earned about 125 times what the average bottom 20-percenter household earned, but paid over 2,000 times the federal taxes.

And this isn’t a new phenomenon.

The rich have been paying the lion’s share of federal taxes for decades. In fact, since the mid-1980s, the average effective tax rate paid by the top 1% has remained about the same while the rate for the bottom 20% has steadily declined.

But this isn’t the entire story, because while the federal government takes with one hand, it gives with the other. Transfers are cash payments and in-kind services the government gives to people. Means-tested transfers are distributed on the basis of need and typically fall as a household’s income rises. Earnings-tested transfers are distributed on the basis of earnings and typically rise as a household’s income rises. 

The government provides means-tested transfers through Medicaid, CHIP (Children’s Health Insurance Program), SNAP (formerly “food stamps”), Temporary Assistance for Needy Families (formerly Aid to Families With Dependent Children), housing assistance, income assistance, energy assistance, and child nutrition programs. It provides earnings-tested transfers in the form of social insurance benefits: Social Security and Medicare benefits, unemployment insurance, and workers’ compensation.

Workers tend to think of social insurance benefits – particularly Social Security retirement benefits – not as government transfers but as a return on money they paid into the social insurance system. In fact, the Supreme Court long ago established that Social Security benefits are not a contractual right (Fleming v. Nestor, 1960), and that Social Security taxes paid into the system are like any other government revenue and not earmarked for Social Security benefits (Helvering v. Davis, 1937). Consequently, in our calculations, we should treat social insurance payroll taxes as any other federal tax and, similarly, social insurance benefits as any other federal transfer.

Clearly, these transfers are largely things the government does to help lower income households. But regardless of the intention, the transfers are, in fact, negative taxes. Subtracting transfers households receive from the taxes households pay yields net federal taxes paid. The average household among the top 1% paid $620,000 in federal taxes and received $1,300 in transfers on $2 million in market income, for an effective net tax rate of 31%. The average middle-income household paid $10,500 and received $16,800 on market income of $61,700 for an effective net tax rate of negative 10%. The average household among the bottom 20% paid $300 in taxes and received $20,300 in transfers on $15,900 in market income for an effective net tax rate of negative 126%.

One interested in taxing the rich to give to the poor can argue that this sort of outcome is precisely the sort of thing a progressive tax system is supposed to achieve. Putting aside the argument as to whether massive transfers like this are advisable, what is clear is that it’s a bit of a stretch to claim that the rich aren’t paying their “fair share” when the bottom 60% of households aren’t paying anything at all. 

Accounting for both federal taxes and federal transfers, on average, only the top 40 percent of households are net payers into the federal tax and transfer system. This is why most discussions about tax cuts end with the charge that the side proposing tax cuts merely wants “tax cuts for the rich.” Our system of taxes and transfers is so progressive that, almost by definition, every tax cut is a tax cut for the rich because, on average, those are the only households that are net payers.

In a democracy, a tax system in which some are net payers and others are net recipients becomes dangerously unstable when the net recipients constitute more than half of all voters. At that point, the majority have an incentive to vote for ever more spending for themselves and ever more taxes on the minority who pay.

None of this is new, because it’s not about our particular economic or political systems, but about human nature. People always want more in exchange for less. Politicians have merely discovered a way to turn people’s desire for more into votes for themselves. The trick is to tell the voting majority that the rich minority isn’t paying its fair share, and that if only the voting majority would cast their votes correctly, fairness can be restored. By never defining “fair,” though, politicians can just repeat their tiresome claims election after election.

So what exactly is anyone’s “fair share?” That’s a hard question, and it’s made harder still when people tasked with answering it do everything they can to avoid answering it. As long as this continues, calls for the rich to pay “their fair share” will never end because, in light of the numbers, proponents seem not to mean “fair” at all. They simply mean, “more.”

Tyler Durden
Sat, 05/01/2021 – 15:55

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Hedgeye Files Lawsuit, Restraining Order, Against Former Employee, Alleging “Trade Secret Misappropriation”

Hedgeye Files Lawsuit, Restraining Order, Against Former Employee, Alleging “Trade Secret Misappropriation”

Independent research shop Hedgeye has filed a lawsuit against one of its former employees-turned-competitors, Darius Dale, alleging that Dale stole trade secrets from the company. Dale has since started his own research firm, called 42 Macro LLC. 

According to Dale’s LinkedIn, he worked for Hedgeye for 11 years and 9 months, most recently as a managing director. 

The complaint, filed in the U.S. District Court for the Southern District of New York, is allegedly “to prevent the further trade secret misappropriation by a departing senior employee.”

Hedgeye’s Keith McCullough, former employee Darius Dale

It accuses Dale, upon his resignation from Hedgeye on March 28, 2021, of copying “dozens of computer files comprising gigabytes of information from his company computer to a private Dropbox account” and then “using those files, sophisticated financial models refined by Hedgeye over more than 10 years, in a competing business that he created prior to his departure from Hedgeye”.

The suit also accuses Dale of taking “Hedgeye’s client list and is pitching his new business directly to Hedgeye’s clients.”

The accusations appear to center around Hedgeye’s proprietary GIP model, which the lawsuit alleges Dale claimed he was “the inventor” of.

“Mr. Dale was a college senior, not part of the workforce, when Hedgeye was founded in 2008. Hedgeye’s GIP model, the cornerstone of the firm, had been fully developed by the time Mr. Dale was hired, 18 months later, as a junior analyst straight out of school without any work experience,” the lawsuit alleges. 

Darius’ current LinkedIn profile says that his new firm “leverages Darius Dale’s “Quantatmental” framework to help investors make informed asset allocation and portfolio construction decisions.”

The suit also accuses Dale of destroying Hedgeye files:

In fact, Mr. Dale took one critical file that Hedgeye has not been able to recover. In other words, Mr. Dale did not just “copy” that file, he actually destroyed Hedgeye’s only copy. The file, named “PRICE VOLUME VOLATILITY.xlsx,” is a dynamic source model which took years to develop, and which contains and constitutes Hedgeye’s proprietary and confidential information and trade secrets.

Hedgeye also filed a temporary restraining order, asking Dale to preserve and deliver the Hedgeye computer files in question. The order was granted: 

Dale took to Twitter to defend himself, stating:

We will continue to follow the story as details become available. 

Tyler Durden
Sat, 05/01/2021 – 15:29

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Manchin Opposes Washington Statehood Bill, Says “Let The People Of America Vote”

Manchin Opposes Washington Statehood Bill, Says “Let The People Of America Vote”

Authored by Tom Ozimek via The Epoch Times,

Sen. Joe Manchin (D-W.Va.) said Friday that he does not support a bill that would make Washington D.C. the nation’s 51st state, dealing a blow to the initiative that Republicans have panned as an unconstitutional power grab.

“If Congress wants to make D.C. a state, it should propose a constitutional amendment. It should propose a constitutional amendment and let the people of America vote,” Manchin told West Virginia’s MetroNews in a Friday morning radio interview.

Last week, the House passed H.R. 51—the Washington, D.C. Admission Act – in a vote of 216-208, backing the congressional Democrats’ view of “no taxation without representation.” But Republicans see the legislation as an unconstitutional ploy to add two more Democratic senators.

The bill, which is backed by President Joe Biden, faces daunting odds in the evenly-split Senate, as the legislative filibuster would require buy-in from at least 10 Republican senators, assuming all Democrats vote for it. Manchin’s declaration of opposition to the measure casts a further shadow of doubt on its fate.

Manchin said in the interview that he and his staff had taken a “deep dive” into the bill and its background, including a review of conclusions reached by the Department of Justice (DOJ) under previous administrations. He said prior analyses of the matter found that Washington statehood would require a constitutional amendment, adding that he views the 23rd Amendment of the U.S. Constitution as the main obstacle.

“Every legal scholar has told us that, so why not do it the right way and let the people vote to see if they want to change?” Manchin said, referring to a constitutional amendment.

While Manchin did not explicitly mention a repeal of the 23rd Amendment in the interview, H.R. 51 provides for expedited consideration of a joint resolution that would repeal the 23rd Amendment, which gave D.C. three Electoral College votes in presidential elections.

Congresswoman Eleanor Holmes Norton (D-D.C.), a former tenured professor of constitutional law who has long championed Washington statehood, issued a statement on Friday, insisting that making Washington into the 51st state would not require a repeal of the 23rd Amendment.

“Even though the 23rd Amendment does not need to be repealed before Washington statehood, some scholars have argued that the 23rd Amendment would be nullified under the Washington statehood bill, either because the bill would repeal the enabling statute for the amendment, or because the bill would lead to the unreasonable result of allowing the reduced federal district to participate in the Electoral College,” she said.

Norton added that she expects Congress would quickly move to repeal the 23rd Amendment to prevent the reduced federal district from participating in the Electoral College.

The effort for Washington statehood, which would endow its citizens full representation in Congress and control over issues that affect the district, was started in 2013 by Sen. Tom Carper (D-Del.) and has been championed by Norton in the House.

Carper and fellow Democrats say it is consistent with what the founding fathers envisioned for America and fair representation.

“This isn’t a Republican or Democratic issue; it’s an American issue because the lack of fair representation for Washington residents is clearly inconsistent with the values on which this country was founded,” Carper said in a statement in January.

In mid-March, prior to a hearing on H.R. 51, ranking member of the House Oversight and Reform Committee Rep. James Comer (R-Ky.) echoed Republican sentiment about the bill when he called it unconstitutional and a bid to tip the scales in Democrats’ favor.

“D.C. statehood is all about Speaker Pelosi and liberal democrats consolidating their power to enact radical policies nationwide like the Green New Deal, packing the Supreme Court, and eliminating the filibuster,” said Comer in a press statement.

“The Democrats’ bill is unconstitutional and no amount of testimony can change that basic fact. The bill does not address the financial burden that would fall on the District if statehood was granted or other practical implications. H.R. 51 doesn’t rest in sound policy and is a dangerous political power grab that will ensure more government intrusion into Americans’ daily lives,” Comer added.

Tyler Durden
Sat, 05/01/2021 – 15:04

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