NY Post : SEC has a new plan to go after ex-hedge fund boss Steve Cohen

The Securities and Exchange Commission just can’t let go of Michael Steinberg.

The regulator said in court papers on Monday that it will try to use the former SAC Capital trader to prove its “failure to supervise” case against hedge fund billionaire Steve Cohen — even though Steinberg’s criminal insider-trading conviction was dismissed following a landmark appeals court ruling in a similar case.

While the SEC will no longer argue that Cohen, perhaps the most successful hedge fund trader ever, failed to supervise Steinberg, it still plans to offer evidence before one of its administrative judges concerning Cohen’s supervision of Steinberg to prove its case involving fellow SAC trader Mathew Martoma.

The move by the SEC was seen by some as a desperate attempt that may not have been allowed had the case been in front of a federal judge.

“The SEC is trying to get this evidence in through the back door,” said Sam Lieberman, a securities litigator with Sadis & Goldberg who has tangled with the SEC in its in-house administrative court several times.

“It’s Kafkaesque,” he added. “They know they can’t prove the Steinberg allegations, but they are trying to win the Martoma allegations by trying to tar Cohen with the shadow of the Steinberg allegations.”

Such evidence likely wouldn’t make it into federal court, but the rules are more lax in an SEC administrative court, and that’s where the case is being heard, Lieberman said.

The SEC’s 2¹/₂-year-old case against Cohen was put on hold while the criminal cases against Steinberg and Martoma went ahead.
Both Steinberg and Martoma were convicted of insider trading, but Steinberg’s case was dismissed after the Supreme Court refused to hear the government’s appeal of a similar case.

The Supreme Court refused to hear the government’s appeal and Steinberg had all the charges against him dismissed.

Cohen was never charged criminally — despite a years-long probe. The civil case against him is now going forward.

SAC Capital pleaded guilty to insider trading in 2013 and agreed to pay the feds a total of $1.8 billion and return investors’ money.

SAC was shut down. It is now a family office named Point72 Asset Management, managing Cohen’s $12 billion fortune.

The SEC case against him is the closest it has come to even trying to nail him. If convicted, Cohen could be barred from ever managing investor money again. But without Steinberg, it’s going to be harder for the SEC to win.

“It blows major bullet holes in the SEC’s case because suddenly it doesn’t look like a big pattern,” Lieberman said.

Cohen, through a spokesman, said Monday that he will contest the SEC’s effort to include the Steinberg evidence.

(WP) Saudi Arabia Said to Weigh Selling State-Run Entities Stakes

As global oil prices tumble, Saudi officials are considering plans to sell shares in state-owned entities and companies, according to two people with knowledge of the discussions, in an attempt to find alternative sources of revenue.
The government may sell stakes in ports, railways, utilities and airports, the two people said. Hospitals may also be privatized, one person said. Saudi officials weren’t immediately available for comment.
With oil prices down to an 11-year low, Saudi officials are accelerating efforts to reduce the economy’s reliance on revenue from crude exports. They may have missed their best chance when prices were higher, according to economists and an International Monetary Fund study that highlighted how successful attempts depended on policies put in place before the slump.
Deputy Crown Prince Mohammed Bin Salman, the king’s son, is overseeing the push to transform the economy. In remarks published last month, he said that the kingdom may raise domestic energy prices, privatize and tax mines and consider taxing cigarettes. Like other Gulf Cooperation Council members, it’s also plans to implement a value-added-tax.
Efficiency Gains
The plan to privatize companies “could be efficiency gains if the private sector gets some management control,” said Raza Agha, chief Middle East and Africa economist at VTB Capital Plc in London. “For revenues though, stake sales may not be a sustainable strategy.”
Oil prices have dropped about 35 percent this year. The kingdom, which relies on oil for at least 80 percent of its revenue, is on course to post a budget deficit equal to 20 percent of economic output this year, according to the International Monetary Fund.
Rather than draw down further on its foreign-currency reserves, Saudi Arabia is expected to cut spending when it unveils its budget this month. The government this year issued bonds for the first time since 2007, and has raised fees for international air travel passengers.
The benchmark Tadawl All Share Index for stocks was little changed at the close in Riyadh. The index has declined 17 percent this year.
Prince Mohammed “is very keen on expanding the Saudi economy by getting the private sector involved,” said Mohammed Alsuwayed, the Riyadh-based head of capital and money markets at Adeem Capital, referring to the stake-sale plan. This is also “an attempt to reduce government spending,” he said.
Meeting Citizens
The Economic and Development Affairs Council headed by Prince Mohammed held meetings last week with 350 citizens to discuss plans to strengthen the economy and improve the government’s transparency and accountability, al-Watan newspaper reported on Thursday.
Yet attempts under previous monarchs to reduce the kingdom’s dependency on oil have had limited success.
In November 2013, the Arab world’s biggest economy took action against illegal workers as it pushed to create more private-sector jobs for its citizens. At that time, unemployment was about 12 percent. The official data show joblessness at 11.6 percent for the first half of this year. Youth unemployment is almost 30 percent, according to World Bank data.
Saudi Arabia can’t afford to wait for oil prices to recover and needs to accelerate economic measures to avoid rising unemployment, deficits and debt, McKinsey & Co. Inc. said in a report this month. The country requires public and private investments of as much as $4 trillion as part of a strategy to boost productivity and create jobs, it said.
Based on current trends, Saudi Arabia “could face a rapid economic deterioration over the next 15 years,” McKinsey said. Even a public spending freeze and halt to hiring foreign workers would still leave the country facing falling household incomes, rising unemployment and weakening finances.

(Zero Hedge) "I Know Of No One Who Predicted This": Russian Oil Production Hits

"I Know Of No One Who Predicted This": Russian Oil Production Hits Record As Saudi Gambit Fails

In late October, we noted that for the second time this year, Russia overtook Saudi Arabia as the biggest exporter of crude to China.
Russia also took the top spot in May, marking the first time in history that Moscow beat out Riyadh when it comes to crude exports to Beijing. “Moscow is wrestling with crippling Western economic sanctions and building closer ties with Beijing is key to mitigating the pain,” we said in October, on the way to explaining that closer ties between Russia and China as it relates to energy are part and parcel of a burgeoning relationship between the two countries who have voted together on the Security Council on matters of geopolitical significance. Here's a look at the longer-term trend:
You may also recall that Gazprom Neft (which is the number three oil producer in Russia)began settling all sales to China in yuan starting in January. This, we said, is yet another sign of the petrodollar’s imminent demise.
On Monday, we learn that for the third time in 2015, Russia has once again bested the Saudis for the top spot on China’s crude suppliers list. “Russia overtook Saudi Arabia for the third time this year in November as China's largest crude oil supplier,” Reuters writes, adding that “China brought in about 949,925 barrels per day (bpd) of Russian crude in November, compared with 886,950 bpd from Saudi Arabia.”
This is an annoyance for Riyadh. China was the world's second-largest oil consumer in 2014and closer ties between Moscow and Beijing not only represent a threat in terms of crude revenue, but also in terms of geopolitics as the last thing the Saudis need is for Xi to begin poking around militarily in the Arabian Peninsula on behalf of Moscow and Tehran.
As we documented in "Saudis Poke The Russian Bear, Start Oil War In Eastern Europe," Riyadh has begun to encroach on Moscow's markets in Poland. Here's what Bloomberg wroteback in October:


Poland has long been a client of Russian oil companies. Last year, about three-quarters of its fuel imports came from Russia, with the rest from Kazakhstan and European countries. Poland, however, is at the center of efforts to reduce the European Union's dependence on Russian energy.

A new and reliable supplier is a godsend. As for the Saudis, they need to expand outside Asia where demand is falling.

This could turn into a more active shoving match between the world's two biggest oil exporters, which already are at odds over the Syrian conflict.
Indeed, one could plausibly argue that one of the reasons the Saudis moved to artificially suppress prices last year was to sqeeze Putin and ultimately force The Kremlin to give up its support for Assad. As The New York Times put it, a dramatic decline in crude prices has certain "ancillary diplomatic benefits."
Unfortunately for Riyadh, the strategy hasn't worked. In fact, it's backfired in more ways than one.
First, Saudi Arabia is facing a fiscal crisis as Riyadh's budget deficit balloons to 20% of GDP, forcing the kingdom to tap the debt market in order to offset the SAMA burn.
Second, Putin not only refused to give up his support for the government in Damascus, he actually doubled down by sending the Russian air force to Latakia. Meanwhile, Russia continued to pump even more oil, and as Bloomberg reports, Moscow is now producing at "the fastest pace since the collapse of the Soviet Union."
"Russia’s unexpected oil bounty this year is the result not of a new Kremlin campaign but of dozens of modest productivity improvements across the sprawling sector. Even pressured by plunging prices, as well as U.S. and European Union sanctions that cut access to much foreign financing and technology, Russian companies have managed to squeeze more crude out of some of the country’s oldest fields," Bloomberg writes, before noting that "Bashneft and other Russian companies working fields in the Volga River basin -- some of the first to be discovered in Russia early in the last century -- are benefiting from Soviet inefficiency as [the old motto was]: 'whatever we don’t produce will be left for our children.'"
For analysts, Russia's resiliency has come as a surprise. “I know of no one who had predicted that Russian production would rise in 2015, let alone to new record levels,” Edward Morse, Citigroup’s global head of commodities research said.
As for what it would take to curtail production, Mikhail Stavskiy, head of upstream at Bashneft PJSC which has been "the biggest single contributor to increased crude output this year," says he doesn't know. “I don’t know what the oil price would have to fall to for things to change dramatically. We’ve been through $9 a barrel and production continued, so if something like that happens, we know what to do.”
Indeed, thanks to the low cost of extracting crude from Russia's oil fields in West Siberia and the devaluation of the ruble, production costs are rock bottom:
But not everyone agrees that this is sustainable. Some say efforts to improve efficiency have run their course and with financing for exploration scarce, further gains may be hard to come by. Interestingly, Bloomberg also notes that because Moscow takes "nearly everything above $30-$40 a barrel" on exports, producers won't feel the impact of low prices until crude falls substantially below those levels.
“Russia will maintain its current oil production levels within the bandwidth of 525 million to 533 million tons next year, as the federal government’s budget is set on such production levels,” Stratfor's Lauren Goodrich says, presaging more of the same in 2016.
The takeaway here is that the Saudi gambit failed to wrench market share away from the Russians and between the conflict in Syria, Moscow's closer ties with Beijing, and Riyadh's move to antagonize The Kremlin by encroaching on Russia's eastern European market share, one shouldn't expect Putin to back down any time soon. In short, if John Kerry and Riyadh did in fact plan to bankrupt the Russians by tanking crude prices, the effort was a miserable failure that resulted not only in a 20% fiscal deficit for the Saudis, but also in the destruction of American jobs in the oil patch.
We close with a bit of humor from Deputy Energy Minister Kirill Molodtsov:


“I will tell you when Russian companies are for sure going to decrease production -- when oil costs $0."

>>> Recruit, USG People agree on Recruit's tender offer for EUR 17.5 apiece to a

Recruit, USG People agree on Recruit's tender offer for EUR 17.5 apiece to acquire USG People
Recruit Holdings Co., Ltd. [TYO: 6098] has decided it will launch a tender offer for all issued ordinary shares of USG People N.V. [AMS: USG], a staffing company listed on the Euronext Amsterdam Stock Exchange which operates in Europe mainly in the Netherlands.

The acquisition will complete through Recruit Holdings' subsidiary to be established in the Netherlands, the Japanese advertising agency said in a press statement, as follows.

The company and USG have reached conditional agreement (the "Merger Protocol") on the Tender Offer. With this Deal, the Company aims to make USG into its consolidated subsidiary by acquiring 100% of the outstanding ordinary shares in USG.

The Tender Offer is friendly and has been endorsed unanimously by the Management Board and Supervisory Board of USG. In addition, Alex Mulder, the founder of USG whose shareholdings accounts for approximately 19.8% of the Shares in USG has agreed to accept the Tender Offer.

At the same time, the Company has also made an announcement in the Netherlands of the Deal in accordance with the regulations on a tender offer in the Netherlands. Please note that the Deal does not fall under the tender offer set forth in Article 27-2, Paragraph 1 of the Financial Instruments and Exchange Act of Japan.

Offering period
Upon approval obtained from the authorities of the Netherlands (Stichting Autoriteit Financiële Markten) on the offering memorandum of the Deal and other terms, the Tender Offer is currently planned to be open for 8 to 10 weeks (note that there is a potential extension of such time period) which is expected to start in FY2015.

Offering price and basis for the calculation
The offering price is expected to be EUR 17.50 (USD 19.00) per share of USG. The offer price represents a 30.6% premium over the closing price of 21 December 2015, a 30.6% premium over USG's 3 month volume weighted average price ("VWAP") and a 41.1% premium over USG's 12 month VWAP preceding December 21, 2015.

The Company has been consulting its financial adviser, Nomura Securities Co., Ltd., for the valuation of the offer price.

Number of shares to be offered
By this Tender Offer, the Company ultimately intends to acquire 100% of the Shares in USG subject to the satisfaction of minimum acceptance level of at least 95% of the Shares.

Required funds
The acquisition of 100% of the outstanding shares in USG, etc., if the Tender Offer is successfully completed, will amount to EUR 1,420m (USD 1,542m) (approximately JPY 188.5bn, using the exchange rate of EUR 1 to JPY 132.83).

Recommendation by USG
This Tender Offer is a friendly offer as it has been endorsed unanimously by the Management Board and Supervisory Board of USG.

Link to statement