WSJ :A Maze of Paper


ST. KITTS—At a beachside picnic table on this Caribbean island, where he lives in voluntary exile, former corporate raider Paul Bilzerian says he hasn't lost his taste for battling his enemies in the U.S. government.

But 25 years after Mr. Bilzerian became a Wall Street felon, the Securities and Exchange Commission is quitting the fight, winding down its quest to collect a $62 million civil judgment against him for securities fraud.

The tally from a court-appointed SEC receiver: about $3.7 million collected, and $8.6 million spent in the effort to collect.

Mr. Bilzerian, 64 years old and his bushy mustache turned white, says he fought to avoid paying because he was wrongly punished. He declines to detail how he worked to protect his money. "That wasn't easy, let me just say that," he says.

To a mention of his bank accounts, he says: "What bank accounts? Do you think I'd be stupid enough to have a bank account?"


His is an extreme example of the challenges, and often failures, financial watchdogs encounter in trying to collect judgments after announcing them with fanfare. Mr. Bilzerian consistently thwarted their efforts, according to a review by The Wall Street Journal of thousands of pages of documents from civil and criminal cases and interviews with people familiar with them.


Whose Assets Are They Anyway?
He appealed legal setbacks, tied up regulators with dozens of lawsuits and motions—often acting as his own lawyer—and used offshore and domestic trusts, partnerships and charities to protect assets for his family. That included assets set aside for son Dan Bilzerian, a social-media star who has attracted millions of online followers by flaunting his exploits with cars, guns, bikini-clad women and high-stakes poker. (See related article.)

The SEC has struggled to collect its penalties more broadly as well. In the three years ended last Sept. 30, the SEC says it collected 42% of the amounts defendants were ordered to pay during those years in fines and disgorgement of ill-gotten gains. That was down from 63% in the prior three-year period.

That record partly reflects limited expertise in the collection process, according to former government lawyers. "Once they get the judgment and the play of the press…they are not really good at enforcement," says Richard Kirby, a former SEC lawyer.

Another former SEC lawyer, John Reed Stark, says, "You can go after more crooks or you can spend your life trying to chase down money from crooks who are devoting their life" to not paying.

SEC officials say they did as much as possible to collect from Mr. Bilzerian, but were prohibited from enforcing the judgment for seven years because of a bankruptcy filing he made. After that, they moved quickly to have him held in contempt of court, officials say.

The SEC says it has a collections unit to seize assets and wages and to contest bankruptcy filings, and has collected on some decades-old judgments. Still, says Enforcement Director Andrew Ceresney, judgments can become uncollectable when defendants die or get jailed or when companies fail.

"We are very aggressive in seeking to collect unpaid debts when assets are available and have a dedicated team of expert litigators exclusively devoted to pursuing debtors," Mr. Ceresney says. "The successes of our collection efforts are unmatched."

The receiver appointed in Mr. Bilzerian's case, Deborah Meshulam, says she is trying to conclude her work by year-end. "We had to fight literally for every penny," she says. And although the cost exceeded the recovery, even counting nearly $400,000 in interest on what was collected, she says the effort was worthwhile because not enforcing judgments undermines the agency's effectiveness.


In Mr. Bilzerian, the SEC faced a foe who stalled it through a range of tactics that one judge labeled "shenanigans" but that to Mr. Bilzerian were legitimate efforts at estate planning and asset protection in the face of government persecution—which he denounces in colorful language.

A high-school dropout, Mr. Bilzerian served in Vietnam and then graduated from Stanford University and Harvard Business School. He burst onto the corporate-takeover scene in the 1980s with hostile bids for companies including Hammermill Paper Co., Cluett Peabody & Co. and Pay 'N Pak Stores Inc., bets that often paid off for him and investment partners when friendlier suitors came in with higher offers. In the case of Singer Co., a Connecticut manufacturer, Mr. Bilzerian took over the company in 1988 and became its chairman.


White Knight Wanted?
By then, the SEC had subpoenaed his records in a broad investigation of takeovers and Wall Street trading. In 1988 he faced federal criminal charges of concealing his investments by "parking" stock in someone else's name, not making timely disclosures of his stakes and misstating sources of his funds. Prosecutors said his actions victimized other investors who, left in the dark, sold shares of target companies too cheaply.

Paul Bilzerian, the corporate raider and then-Singer Co. chairman, arrived at New York federal court with his wife Terri Steffen on June 9, 1989, the day he was convicted on nine counts of fraud, conspiracy and making false statements.
ASSOCIATED PRESS
Mr. Bilzerian was convicted in 1989 of fraud, conspiracy and making false statements to the SEC. He paid a $1.5 million fine and drew a prison sentence initially set at four years, ultimately serving 13 months.

He has long maintained the conviction was wrong, in part because nobody really was injured by his actions.

After his conviction, the SEC sued to force him to give up illicit profits. At a hearing, it expressed concern he was trying to shelter his money. Mr. Bilzerian said he wasn't. The SEC didn't ask for a freeze of his assets but just sought his family's financial records. SEC officials say a judge wouldn't likely have frozen the assets without hard evidence they were being moved around.


Millions in Assets, and Not Hidden
So Mr. Bilzerian retained control of his wealth, which he estimated, at the 1989 hearing, at more than $50 million. In a private suit later that year, he put his net worth at $81.4 million. At times, he has said he made hundreds of millions of dollars.

A judge in the SEC civil suit found him liable for securities fraud in 1991. Mr. Bilzerian and his wife then transferred property in Tampa, Fla., where they were building a mansion to just her name.

Three months after that, Mr. Bilzerian filed for bankruptcy. He said he had suffered large losses on Singer.


Years of legal skirmishes followed.

In 1993, the SEC obtained orders for Mr. Bilzerian to pay $62 million. That included disgorgement of up to $12 million of his profits, plus his partners' profits and interest.


Likening Pursuers to Nazis
Mr. Bilzerian said that after he was in bankruptcy, the SEC judgment should have been dropped, since its purpose was to return ill-gotten assets and he no longer had any significant assets. He also said any debt to the SEC should have been discharged in his bankruptcy. Although these arguments didn't prevail, bankruptcy-related litigation stalled the SEC's effort to collect for years.

"I think he was a little smarter than those who were trying to pursue him," says James Orr, the bankruptcy trustee.

Judith Starr, a former SEC lawyer, says that when she took over the case for the agency in the mid-1990s, she was alarmed at how little progress had been made. "I was pretty concerned that we were getting judgments and just putting them on the wall," she says.

Researching records, Ms. Starr says, she found a network of trusts, partnerships and corporations in the U.S., the Cook Islands, the Cayman Islands and elsewhere formed by Mr. Bilzerian or his wife. Properties once in their names were transferred to such entities.

Mr. Bilzerian says most of those transfers were based on legal advice to his wife on how to protect assets she held after his bankruptcy for their children. He says the advice made the assets vulnerable to seizure because he was listed as a trust beneficiary. His wife, Terri Steffen, says the government had characterized it as "sneaky…and that wasn't it at all."

In a court filing in December 1998, Mr. Bilzerian said he had no assets "other than used clothing, a used Casio watch, and the like."

That year, a Utah software company of which he was president spent $120,000 for Mr. Bilzerian's services, but paid it to a holding company he ran rather than directly to him, a judge later wrote.

The Tampa mansion Paul Bilzerian once called his 'Taj Mahal' became a flashpoint in his fight with the Securities and Exchange Commission. When his wife agreed to sell it in a settlement with regulators, Mr. Bilzerian helped arrange for acquaintances and relatives to purchase it, allowing his family to stay.
TAMPA BAY TIMES/ZUMA PRESS
Mr. Bilzerian's family's home was the Tampa mansion—28,000 square feet with an indoor basketball court and guesthouse, abutting two lakes.

The property's owner, by then, was a Nevada partnership, which in turn was owned by a Cook Islands trust. In late 1998, the parents of Mr. Bilzerian's wife became the trustees, and she the sole beneficiary of the trust.

Mr. Bilzerian didn't hide his distaste for paying the SEC. "I have no reason," he said at a 1999 federal-court hearing, "to dedicate the rest of my life to trying to earn money all of which would go to basically pay a judgment that I don't believe…should have been entered in the first place."

He was more emphatic at the beachside interview in St. Kitts this year. "Look…the government hates me. I get it," he said. "I despise the people in the government. We despise each other."

He added: "I would rather starve to death than earn a dollar to feed myself and pay the government a penny of it."


Found in Contempt
In 2000, a federal judge in Washington found Mr. Bilzerian in contempt of court, saying he had "made no attempt whatsoever to pay the judgment." At the SEC's request, the judge appointed a receiver to pursue Mr. Bilzerian's assets. He later ordered Mr. Bilzerian to jail until he "purged" the contempt by showing he was no longer trying to avoid paying the judgment.

The SEC receiver expressed frustration at tactics that she said included replacing trustees when information was requested from them. "The Bilzerian family shuffles the deck chairs every time an asset appears to be within reach of the SEC," said Deborah Israel, a lawyer for the receiver, at a 2001 hearing.

Mr. Bilzerian kept the SEC and court up to date on the balance in his prison commissary account. It was 80 cents, he reported in June 2001. Three months later, he said it was 23 cents.


Notes From the Trash and Prison Calls
Seeking information, the Federal Bureau of Investigation raided the Tampa mansion, and scoured the trash outside the house. The SEC and receiver listened to tapes of Mr. Bilzerian's prison calls.

The ownership of the mansion often shifted, though not the Bilzerians' occupancy. A list of the shifts shows what the SEC was up against.

Watch a video explainer about the Bilzerians and the Tampa mansion.
Mr. Bilzerian's wife, Ms. Steffen, made a deal in 2002, opposed by her husband, to spring him from jail. She agreed to have the partnership sell the mansion and split the proceeds with the receiver, plus turn over some securities and cash.

When the mansion sold in 2004, for $2.55 million, the buyer was another partnership. This one was controlled partly by the mother of a next-door neighbor. Mr. Bilzerian helped put together the deal.

Among the other partners was a corporation controlled by Mr. Bilzerian's wife's parents. Their involvement remained unknown to the SEC for at least two years.

The in-laws were majority partners, holding a 99% interest, at first through the corporation and then through a trust. Mr. Bilzerian's sons were named as trust beneficiaries.

In 2006, amid a dispute between the Bilzerians and the neighbor's mother, a state judge called the couple "at best…trespassers or squatters" and ordered them to leave the property. But they stayed after the partnership went into bankruptcy and the house was sold to a firm that was run by another Bilzerian acquaintance.

That firm made its purchase with financing help from a Bermuda charity, Puma Foundation Ltd., named for a Bilzerian family cat.

Just before the sale closed, a trust controlled by Mr. Bilzerian's mother-in-law acquired a majority interest in the purchasing firm. The firm paid his wife to manage the property.

RELATED
MAY 19, 1988
Secret Dealing Helped Paul Bilzerian Make Takeover Bids Work
MAY 26, 1988
Bilzerian Takes On Another Big Fish: The Little League
SEPT. 16, 2014
A Son's Life With Women, Guns and Poker
The acquaintance who previously owned this purchasing firm didn't return a call seeking comment. The mother of the neighbor declined to comment. Mr. Bilzerian's father-in-law is dead. His mother-in-law, Lois Steffen, says she recalls little about the transactions. "I was a very silent partner," she says.

The Internal Revenue Service's criminal division has examined Mr. Bilzerian's involvement in the sales of the house, say people familiar with the probe. The IRS declines to confirm or deny that. No charges have been filed.

Paul Bilzerian's older son, 33-year-old Dan, may have overtaken his father's renown, largely through social-media posts about his exploits with women, gambling and guns that have gained him more than 4.5 million Instagram followers.
DAVID WALTER BANKS FOR THE WALL STREET JOURNAL
This spring, a bank purchased the mansion at a foreclosure auction. Amid the foreclosure proceedings last year, Ms. Steffen and other family members were ordered out. Mr. Bilzerian says he had already left for St. Kitts, and his wife followed.


On St. Kitts, they live in a condo they say is owned by their younger son, 31-year-old Adam, who obtained citizenship there in 2007. He renounced his U.S. citizenship and later wrote a book titled "America: Love it or Leave It—So I Left." Adam, who like his brother Dan is a professional gambler, currently spends much of his time in the U.S.; he didn't respond to requests for comment.

Dan Bilzerian might now be the highest-profile member of the family, thanks to social-media accounts of his antics in Las Vegas and Hollywood.

Paul Bilzerian in recent years has been engaged in business dealings with his sons. In one, he and Adam have been involved with a company described by its website as marketing real estate and helping people who want to participate in St. Kitts and Nevis's "citizenship-by-investment" program.

Mr. Bilzerian leads a lifestyle far removed from his days as a corporate raider. He often dresses in tennis attire and a baseball cap, and rides around in a golf cart. As he has since he was young, he eschews alcohol, coffee and anything that might impair his faculties. For months last year when his wife was in the U.S., he says, he didn't leave a small tourist strip, living on lettuce, tomatoes and cucumbers.


In the end, both Mr. Bilzerian and Ms. Steffen say, no matter how much went uncollected, the government won by destroying their lives over a quarter-century. "We lost, and we lost everything," she says.

Mr. Bilzerian says that if he could do it over, he would capitulate to the government, because he sees how the fight devastated his family.

Paul Bilzerian and his wife Terri Steffen earlier this year in Frigate Bay, St. Kitts, where they live in a condominium owned by their son Adam.
MICHAEL ROTHFELD/THE WALL STREET JOURNAL
Still, since he can't rewrite the past, he says he is thinking of filing another motion to undo the SEC judgment and "starting it up again."

"I've been thinking about it for a while. Why not take another round at it?" he says.

>>> DuPont investor Trian urges breakup

DuPont investor Trian urges breakup 

A DuPont (NYSE:DD) shareholder, the activist investor Trian Fund Management, is urging the chemical company to break itself up, the Wall Street Journal reported. The item cited a letter sent to DuPont seen by the paper that Trian intends to make public.

Trian holds about 3% of DuPont, worth USD 1.6bn, the letter said according to the report.

Trian has the backing of another significant DuPont investor, The California State Teachers' Retirement System, or Calstrs, which has co-signed previous letters sent by Trian seen by the paper, the Journal noted. Calstrs' investment in DuPont is worth around USD 250m, the report noted.

Trian wants DuPont to create one public company that includes its agriculture, nutrition and health and industrial biosciences activities; and another company composed of the activities that can earn strong cash flows - and pay larger dividends, which include the performance chemicals, safety and protection products, and electronics and communications businesses.

DuPont has put on the block its performance chemicals division, but Trian wants more, noting that with its proposals Dupont could cut USD 2bn-4bn of costs a year, the report said. 

Trian said DuPont had rebuffed its proposals at private meetings, and that it may launch a proxy fight or pursue a non-binding shareholder vote to analyse a breakup, the paper added. 


An activist investor with a successful track record has launched a campaign to force DuPont Co. DD +0.81% to break itself up after the 212-year-old chemical giant rebuffed its repeated private calls for change.

Trian Fund Management LP plans to seek support from other investors for its push to dismantle the company, according to a letter it sent DuPont's board Tuesday that was reviewed by The Wall Street Journal. Trian said it plans to release the letter widely after more than a year of unsuccessful private efforts to persuade.

Trian has a $1.6 billion DuPont stake, according to the letter, which would make it a top-10 holder in the Delaware company with nearly 3% of the stock, according to recent disclosures. Trian first invested more than $1 billion in DuPont in early 2013, and it added to its position recently when the stock fell after the company cut its earnings guidance.

DuPont said it welcomes shareholder communications and has had "constructive dialogue with Trian." It added that it is committed to its plans to cut costs and to "enhance value for all DuPont shareholders."

The escalating battle pits one of Wall Street's most successful activist firms against a bastion of American industry whose roots date back to 1802, when founder E.I. du Pont built gunpowder mills in Delaware.

Trian argues that an overly complex and bloated corporate structure overburdens DuPont's seven business lines, some of which the activist firm argues bear little relation to one another, making it difficult for both investors and the company itself to gauge its prospects.

Trian already has the support of another significant shareholder. The California State Teachers' Retirement System, or Calstrs, cosigned earlier letters reviewed by the Journal that Trian wrote to DuPont. Calstrs owns about a $250 million stake in DuPont, the letters said. The pension fund, which has worked with activists successfully in the past to push companies to break up, is an investor in Trian funds.

Trian's argument to DuPont is similar to ones it has successfully pressed at other companies, including Kraft Foods Inc. and Ingersoll-Rand IR +0.82% PLC: Create one public company made up of faster-growing segments—in DuPont's case that would include its agriculture and nutrition businesses—and create another with operations that generate strong cash flows, which would include specialty-chemical products, Kevlar body armor and Tyvek construction materials.

DuPont is already shedding a business known as performance chemicals that makes household paint and Teflon. While Trian supports that move, it's calling for more. "These actions are not moving the needle," Trian co-founder Nelson Peltz said in an interview. "It's not dealing with the problem."

Trian said its plan would eliminate $2 billion to $4 billion in annual costs. It would also enable DuPont's separated units to improve performance because they would be less bound by corporate red tape and better motivated and focused, the firm said.

Trian, which has taken particular aim at a DuPont corporate theater, country club and hotel, said the moves could double the value of the company's stock over three years.

Ed Garden, Trian's chief investment officer and co-founder, said the portfolio is "overly complex" to manage. "This will be an analysis that gets everybody thinking," he said.

Trian said it's taking the campaign public after DuPont rejected its suggestions during private meetings and declined repeated requests for board representation. DuPont is one of Trian's three biggest positions, alongside stakes in Mondelez International Inc. and PepsiCo Inc. PEP +1.50%

DuPont Chief Executive Ellen Kullman has said a transformation is already under way at DuPont. Last October, the company announced the plan to spin off its performance-chemicals business, a slower-growing unit that makes up nearly 20% of revenue. Following that move, Trian told DuPont privately that it would give the company time to hit financial forecasts, according to Trian's letter.

But in June, DuPont lowered its expectations for full-year profits, the latest in what Trian considers a string of misses by the company's management. Trian again sought to gain board representation and was rebuffed, the latest letter said.

Trian executives said they would consider launching a proxy fight for representation on DuPont's board or, if necessary, a nonbinding shareholder vote to push the company to explore a breakup.

Trian may not succeed in a campaign to win over other DuPont shareholders. The stock is up by about 160% since Ms. Kullman took over as CEO in January 2009, outpacing the gain in the S&P 500 stock index. DuPont shares rose 0.8% Tuesday to $65.83, giving it a market capitalization of about $60 billion.

Ms. Kullman has won plaudits for helping the company recover from the financial crisis, which ate into demand for its construction and other products, and investors have supported DuPont's moves to sell or spin off lower-profit divisions over the past two years.

Ms. Kullman and DuPont have argued that even seemingly unrelated businesses can benefit from cross-selling products and drawing on a deeper pool of corporate research and development. She has pointed to an insecticide called Rynaxypyr and a carpet fiber made from corn stalks. DuPont has also planned a $5 billion share buyback and pledged to cut $1 billion in annual costs.

Some analysts have questioned how regularly the company's R&D produces meaningful breakthroughs, and Trian said it doesn't justify keeping DuPont together.

Trian points as evidence for its argument to DuPont's 2013 sale of its specialty-coatings unit to private-equity firm Carlyle Group LP for $4.9 billion. Carlyle last month filed to take that company public after significantly boosting earnings—a sign, Trian said, of the potential for breaking up the rest of DuPont.

Trian's plan calls for one company composed of the agriculture, nutrition and health and industrial biosciences segments, faster-growing operations that involve heavy research and development costs. Another company would include the performance materials, safety and protection, and electronics and communications businesses. Those fluctuate with commodity and economic cycles, but they earn more cash that could help pay larger dividends, Trian said.

(BFW) Hang Seng Index to Reach 26,000 This Year on Easing: StanChart

+6.6% vs today close

Hang Seng Index to Reach 26,000 This Year on Easing: StanChart
2014-09-17 10:26:13.301 GMT


By Kana Nishizawa
Sept. 17 (Bloomberg) -- Hang Seng Index likely to extend
gains as China steps up credit easing and overseas funds shift
allocation to China amid attractive valuations, Ryan Tsai,
equity strategist at Standard Chartered, says in Hong Kong press
briefing.
* Investors should overweight China mid- and small-caps as
they will benefit most from lower financing costs: Tsai
* NOTE: Hang Seng Index closed +1% at 24,376.41 today
* MSCI China’s discount to MSCI World has bottomed; likely to
narrow, Erwin Sanft, head of China and Hong Kong equity
research at Standard Chartered, says at briefing
* A H.K.-Shenzhen stock-exchange link may start as early as 2Q
2015: Sanft
* China’s credit easing to help Macau casino cos. by end of yr
into next yr; recent correction good time to invest: Sanft
* Foreign investors should buy A shares to diversify as they
aren’t correlated with global mkts, to gain exposure to
China’s credit easing and to access unique cos. unavailable
overseas: Sanft
* SOE reform to hurt SOEs by reducing advantages, exposing
them to competition which will make the cos. smaller;
property, mining among industries most affected: Sanft



For Related News and Information:
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To contact the reporter on this story:
Kana Nishizawa in Hong Kong at +852-2977-4627 or
knishizawa5@bloomberg.net
To contact the editor responsible for this story:
Sarah McDonald at +61-2-9777-8684 or
smcdonald23@bloomberg.net

>>> A2A/Iren merger would have to be gradual - Milan mayor

A2A/Iren merger would have to be gradual - Milan mayor

A merger between Iren and A2A, the listed Italian utilities, is a possibility but would only happen gradually, Il Sole 24 Ore reported.

The Italian-language daily cited Giuliano Pisapia, the mayor of the city of Milan, one of the controlling shareholders of A2A. Pisapia said it would be necessary to properly evaluate the transaction and the possible savings.

Both Pisapia and the mayor of Brescia have previously gone on record as saying that mergers in the area covered by A2A are necessary.

Milan and Brescia currently control 55% of A2A, while the cities of Turin and Genoa control 59% of Iren.

The two companies could implement a EUR 1bn capital increase as part of any merger operation, according to an unsourced report published earlier this month. This capital increase, which would also be open to the market, would have a sustainable level of debt in relation to EBITDA.



Source Il Sole 24 Ore Radiocor

*FIDELITY MAY UPGRADE EUROPEAN EQUITIES FROM UNDERWEIGHT ON ECB

+------------------------------------------------------------------------------+

BN 09/17 09:31 *FIDELITY `AGNOSTIC' ON EMERGING VS DEVELOPED MARKETS BN 09/17 09:31 *FIDELITY SEES M&A, SPINOFF ACTIVITY BOOSTING GLOBAL STOCKS BN 09/17 09:30 *FIDELITY INVESTMENT DIRECTOR STEVEN EDGLEY SPEAKS IN INTERVIEW

+------------------------------------------------------------------------------+

*FIDELITY MAY UPGRADE EUROPEAN EQUITIES FROM UNDERWEIGHT ON ECB 2014-09-17 09:30:58.26 GMT

--ZAHRA HANKIR

-0- Sep/17/2014 09:30 GMT

>>> JPM: ADIDAS: another story on shareholder activism out this morning, today i

JPM: ADIDAS: another story on shareholder activism out this morning, today in Manager magazine ... article notes that some international hedge funds are gearing up and have hired lawyers to assist them in an activist campaign for adidas with the main goal that to oust the CEO ... the article notes that hedge funds potentially involved in this campaign are Third Point (the fund run by D. Loeb - interesting as there were some press specs last week about them raising $2.5B over 2 weeks this summer to spend on several new activist situations, potentially by year-end, both in the US and abroad), Knight Vinke, and TCI

Manager Magazine : Billions in hedge funds explore joining Adidas



Billions financial investors considering a stake in Adidas. If they buy, Herbert Hainer must expect to be impressed. The aim of the hedge fund is a radical change and the overthrow of the CEOs.

Hamburg - Anglo-Saxon hedge funds probe a stake in Adidas. The reported manager magazine in its upcoming issue (release date: September 19), citing financial circles. Thus, some major investors have already made contact with prestigious law firms. The lawyer should advise on a share purchase.

Among the interested parties are for information by manager magazin billion-dollar hedge funds such as Third Point, the Fund of the New York investor Daniel Loeb (52). An entry also check Eric Knight (55), head of the US investment firm Knight Vinke, as well as the fund TCI of British Chris Hohn (47), in 2005 the then German Stock Exchange CEO Werner Seifert (65) forced to resign. Hohn held to demand covered: "No comment". Also Knight and Loeb did not want to comment.
In the case of a share purchase, the hedge funds want to bring about radical changes in Adidas, in particular the replacement of CEOs Herbert Hainer (60). Him make the investors responsible for the recent problems at the sports.

The current growth and profit weakness leaving the stock price this year fall by over 36 percent. In addition, some activist investors demand a removal of the US-subsidiary Reebok or even the last stumbling TaylorMade golf brand.

Adidas declared on demand, you stand in regular contact "with current and potential investors." As the "Wall Street Journal" reported this summer already several large shareholders with Adidas representatives have spoken about possible changes.

More economy first hand ? The above text is only a small extract from the August issue of the magazine manager magazin . The new issue (and the next issue) you can here the advantage offer order.
The digital edition is available here for you, starting Friday is the print edition on newsstands. subscribers we deliver the fresh manager magazin on Thursday in the mailbox or electronically. Or both.

(Makor) Special Sit.: brewing deals: Odds are low for an acquisition of SABMILLE

Special Situations: Brewing deals

Odds are low for an acquisition of SABMILLER  

SAB LN: GBP 36.61; HEIA NA: Eur 60.00; CARLB DC: DKK 545.50; ABEV: US$ 6.80; BUD: US$114.45

September 16, 2014

Contrary to market expectations, we do not believe that SABMiller is a potential acquisition candidate for Inbev or anybody else, simply because in this cycle, SAB is the most overvalued stock among major brewers. The attractiveness of SAB lies in the fact that the company is not family controlled and might be more vulnerable to an approach, including a hostile one. SAB’s largest shareholder is Altria (ie old Philip Morris) would probably be a seller at the right price. Nevertheless, we believe an acquisition by Inbev would be value destructive in our view. Moreover it would raise anti-trust issues.  On the other hand, Heineken and particularly Carlsberg are attractive targets from a relative value and size point of view.  However, both are family controlled and would require a friendly deal. Up to now, both companies have not been up for sale.  Both companies may find it difficult to grow and compete vs. SABMiller and Inbev and could be amenable to a high premium deal, although we view that as a relatively low probability event in the short-term even though it would make sense.  Our favorite stock would be Carlsberg. Our top trade in the sector is long ABEV / short BUD.

 

Recommended trades in the global brewery sector:

1.     Long ABEV  / Short BUD

2.     Long ABEV / Short BUD pro-rata of cap structure = net short bias / long Carlsberg (CARLB DC)

(= long 60 abev / short 10 bud ; long 14 carlb dc is the rec. trade structure).

3.     Long Carlsberg (CARLB DC) / Short SAB LN

We include the ABEV/BUD trade in TITS and TTIP.

FULL REPORT ATTACHED

 

 

FT : Battle for oil in ‘Africa’s last colony’

When the drillship Atwood Achiever begins the search for oil off the coast of Western Sahara later this year, it will not only test geology, but also plunge into a 40-year-old conflict in what some call Africa’s last remaining colony.
Western Sahara, an arid and sparsely populated strip of land larger than the UK, has been occupied by Morocco since 1975, when Spain abandoned its former colony. Since then its indigenous Sahrawi people have fought an often-violent campaign for independence while the UN has sought to broker a peace deal.

The oil exploration campaign, which could have implications for drilling in other contested regions such as Kurdistan in Iraq and Somaliland in the Horn of Africa, is now reinvigorating the battle over the territory’s future.
“If they find oil, it will turn things upside down,” says Erik Hagen of Western Sahara Resource Watch, a non-governmental organisation that opposes the drilling.
The state of the art Atwood Achiever will drill on behalf of New York-listed Kosmos Energy, UK-listed Cairn Energy and the state-owned oil company of Morocco. Total of France plans to drill next year while many others in the industry are watching closely.
But the drilling is highly controversial: detractors insist it is outright illegal; supporters disagree, even though many also acknowledge that the campaign will test international law. The reason is the complex status of Western Sahara, the world’s only “non-self governing territory” without a legal administering authority.
The debate centres around a UN legal ruling from 2002 that drilling in the territory would be legal if it were done for the “benefit of the peoples” living there.
But the ruling, known by the name of the UN’s top legal counsel at the time, Hans Corell, goes on to outline that if further exploration was “to proceed in disregard of the interests and wishes of the people of Western Sahara, [it] would be in violation of the international law”.
All international oil companies that have in the past attempted to drill there, including Kerr-McGee of the US, have withdrawn before doing so amid pressure from human right campaigners and investors.
Kosmos and Morocco’s National Office for Hydrocarbons and Mines, its partner, signed a declaration late last year that promised “local populations and their representatives” would be consulted and would “benefit equitably” if oil were found.
But the declaration did not say how the population would be consulted, or whether this meant Rabat would talk to the self-styled government of the territory that calls itself the Sahrawi Arab Democratic Republic, which operates from exile across the border in Tindouf, Algeria.
About half the population of Western Sahara live in camps, some still housed in tents 40 years after the conflict started.
In the past, Rabat has ignored the Sahrawi and the Tindouf government. Mr Correll, author of the UN legal opinion, fears this will happen again. “There is no proper consultation with the representatives of the Sahrawi people and Morocco does not allow the Sahrawi to organise themselves politically,” he says.
Kosmos, which made its name in 2007 by finding a big oilfield in Ghana where others had failed, insists the drilling falls squarely within the UN legal opinion.
Bill Hayes, Kosmos senior vice-president, says oil exploration could even help bring an end to the prolonged fight over Western Sahara. “Some experts believe discovery of oil offshore could lead to a resolution of the conflict, after 40 years of ongoing dispute,” he says.
But the Sahrawi government disagrees. “Petroleum exploration serves as a further pretext to justify Morocco’s illegal occupation of Western Sahara,” it says.
Although Western Sahara has barely made headlines in recent years, its conflict has remained intractable. The Polisario independence movement waged a guerrilla war against Morocco until 1991, when a UN-brokered ceasefire opened the doors for a referendum over the territory’s fate.
But the referendum has not taken place due to disagreements over who can vote. Rabat, after annexing the territory, flooded the area with settlers who probably now outnumber the indigenous Sahrawis.
Diplomats believe the only hope of a settlement may be direct negotiations between Rabat and the Polisario, the political wing of the Saharawi government in Tindouf. But neither side has an incentive to compromise and the oil drilling campaign could harden the position of Morocco.
Mr Corell says: “The more resources are found in Western Sahara and its maritime zone, the less will be the incentive for Morocco to fulfil the UN resolutions and international law”.
For Morocco, an oil-importing nation, finding petroleum is key for economic development. Abdelkader Amara, the country’s oil minister, this year told the Asharq al-Awsat newspaper that Morocco was getting closer to fulfilling its dream of becoming an African oil producing nation.
“We are [a] few metres away from the finish line in the oil exploration race.”
TIMELINE: Western Sahara
1884: First formal Spanish settlements in Western Sahara.
1947: Phosphate deposits discovered in north of the territory.
1956: Morocco gains independence from France.
1967: Beginning of Sahrawi independence movement, predecessor of the Polisario Front.
1975: Morocco launches the so-called Green March to force Spain to relinquish Western Sahara. Spain starts withdrawal and signs the Madrid agreement that lets Morocco take control of the northern two-thirds of the territory, while Mauritania acquired the southern third.
1976: Spain completely withdraws from the territory. The Polisario Front begins a guerrilla war against Morocco and Mauritania, with the support of Algeria.
1979: Mauritania relinquish its share of Western Sahara.
1991: UN-brokered ceasefire between Morocco and the Polisario Front, which includes a plan for a referendum to be held a year later. The referendum never took place.
2000: James Baker, former US Treasury and State Department secretary, launches two plans to break the deadlock: both fail.
2001: Morocco grants oil licences to Total of France and Kerr-McGee of the US.
2014: Kosmos Energy and Cairn Energy plan first oil exploration well in Western Sahara