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October 3 October 9, 2016 | bloomberg.

com

The AccuVote-TSX.
California decertied
this voting machine
in 2007. Its still
in use in at least
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Self-braking. Self-correcting. Self-parking.
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WORLD CLASS AS STANDARD

Making the
Right Choice
As The Ryder Cup gets underway this week, the play
of the captains picks will tell whether their analysis of
potential will equal performance when it counts

A
A typical golf press conference is as announced three of his four wildcard playing; its about what goes on in the team
entertaining and informative as watching a choices: Rickie Fowler, J.B. Holmes and room, and the dynamics of the entire team.
dentist perform a root canal. The lone excep- Matt Kuchar. Love, who was the U.S. cap- Clarke sees Kaymer as a cool, calculat-
tions occur when Ryder Cup captains reveal tain once before, called the selection process ing player who plays golf in a meticu-
their wildcard selections. When Darren nerve-racking, and said, The only time lous fashion. In his longtime Ryder Cup
Clarke, captain of the European Team in this Ive ever really gotten nervous both times partner and friend Westwood, Clarke has
weeks Ryder Cup, announced his choices as captain is this press conference. This someone who will be somewhat like the
on Aug. 30, it was the culmination of a year SDVW6XQGD\HYHQLQJ/RYHDGGHGWKHQDO general amongst the team. Anything he
of careful consideration and evaluation on member to the U.S. Team, Ryan Moore, says, everybody sits up and listens. Thats
his partnot to mention an equal amount of completing the lineups for golfs greatest what makes Europe the team that we are
speculation by the media and fans. thrill ride, which begins Friday at Hazeltine theres always guys who want to learn and
Clarke chose two Ryder Cup veterans in National Golf Club, in Chaska, Minn. want to get better.
Lee Westwood and Martin Kaymer, and one In describing Kaymer and Westwood,
player new to the event, Belgiums Thomas Importance of a good fit Clarke also hints at the world-class
Pieters. At his presser, Clarke offered a hint of Throughout the year, Clarke was careful attributes of Standard Life Investments,
what the process felt like for him. The past to point out that his choices would strike WKHUVW:RUOGZLGH3DUWQHURI7KH5\GHU
few days have been some of the toughest in a balance between current performance Cup. Standard Life Investments prides itself
my career, he said. It has been wonderful and experience, and thats precisely what on deep and thorough analysis la the
to see the team take shape. Ive probably he accomplished with the three players meticulous Kaymerthat helps uncover
watched more golf and paid attention to more he tapped. I was always going to look for potential and drive performance for inves-
stats than I ever have, watching how all the experience, said Clarke. In Lee and Martin, tors, the way Westwoods leadership might
possible contenders were playing. Ive got two former world number-ones, and help less experienced players up their game
Two weeks after Clarke, it was U.S. guys that bring a wealth of it to the team. under pressure.
captain Davis Love IIIs turn, when he That matters because its just not about 6HOHFWLQJDSOD\HUWKDWVDSHUIHFWWIRU
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Ive probably watched more golf and paid attention to more stats than I ever have,
watching how all the possible contenders were playing.
Darren Clarke, announcing his captains picks for the European Ryder Cup team

a team has parallels to selecting the proper An analytical assist to this weeks showdown creating various
data that, combined with superb analysis, Assessing his selection of J.B. Holmes, potential pairings and lineup orders for
is the backbone of informed investment Love agreed with Clarke that its how the Love to consider. Tiger looks at things from
decisions. Not all data is equally useful, parts come together to create the whole that maybe a little bit higher viewpoint than the
says Jeremy Lawson, Chief Economist, matters. There are different reasons we rest of us sometimes, Love said.
Standard Life Investments. Some data is pick players, said Love. J.B. is a guy that Even Woods longtime rival Phil Mickel-
poorly constructed and sometimes data is every guy on the team wants to play with. son, who will be playing in his 11th Ryder
PRUHQRLVHWKDQVLJQDO7KHUVWVWHSLQ Hes a great match-play personality. We kept Cup, has been taken by the analytical efforts
ANDREW REDINGTON/GETTY IMAGES

high quality analysis is collecting the right saying: Do you want to play against that guy of Woods, including possible pairings and
data sets. The worst thing that you can do in singles? order of play for the Ryder Cups distinct
is identify spurious relationships that you Love also said that this turn as captain formats of four-ball and foursomes.
wont be able to rely on in the future. has seen a lot more time spent planning and Tiger has really thought all of this
This is especially true in volatile strategizing. Especially interesting is the role through, said Mickelson. Im really
markets, which Lawson says are not just Tiger Woods is playing in assisting Love; the impressed.
reasons to become cautious, but actually U.S. captain calls Woods a tactician in the
can be reasons to take additional risks if way he approaches the game. Find out more at
your data and analysis are strong. Woods spent countless hours leading up www.standardlifeinvestments.com/rydercup
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PHOTOGRAPH BY JULIAN BERMAN FOR BLOOMBERG BUSINESSWEEK

w
Weve all come It used to be Adidas Theres no way you could
came out with a shoe and ever achieve high-speed,
here for drinks with they had only a few
world-class service with the
right of way we have today.
our bank, which is styles. Now its 31 avors at This train is like a Ferrari
utterly crazy Baskin-Robbins driving on a dirt path
p50 p32 p37
Cover
Trail
October 3 October 9, 2016
How the cover gets made

Domestic Cover
Opening Remarks When the First Amendment meets up with sex ads, things get dicey 14
The story is on voting machines.
Bloomberg View Edward Snowden should face a jury Europes nonsensical tax on news 16 They have a history of malfunctioning
and have even lost votes.
Movers Walt Disney ponders Twitter How much can Volkswagen pay? 19
Great. As if this election
Global Economics werent scary enough. How is this
even possible? We have virtual reality
The Fed debates interest rates, and any decision will look political 22 and electric cars, but we cant
A sturdy Philippine economy allows its president to stir up plenty of global mischief 23 count votes?
Can Australia cure its gambling addiction? 24 Well, some of the technology was
Andreas Georgiou cleaned up Greeces awed statistics. Now hes a wanted man 25 made when the BlackBerry was one
of the top-selling phones.
Companies/Industries
LGBT outreach hits the soccer eld. And the football stadium. And the ballpark. And 29
Bargain foods cost supermarkets dearly 30
Suing over product liability? St. Louis is the town for you 31
Adidas steps up its game with fast fashion and celebrity endorsements 32

Politics/Policy
In search of Hillennials 35
Tough talk in Texas about voter ID could scare off some voters 36
The Acela may zip along at 186 mphbut not if Connecticut has anything to say about it 37
Kalamazoo asks wealthy residents for a bailout and gets an endowment instead 39

Technology
8 Think cybersecuritys difficult in the West? You should see China 41
EBay tries to position itself as the anti-Amazon 42
Why u vaccine makers are going to the dogs 43
With its HealthKit app, Apple raps loudly on doctors doors 44
Innovation: Hydropower in a bottle-size generator 45

Markets/Finance
COVER AND COVER TRAIL: DOMESTIC VERSION: JULIAN BERMAN FOR BLOOMBERG BUSINESSWEEK; INTERNATIONAL VERSION: REUTERS

Saudi Arabia pushed for the OPEC production cuts. Iran just wants to sell, sell, sell 47
Beneath the Alps lies a huge stash of goldand nobody can touch it 48
The U.K.s big four banks meet some ashy digital competition 50
Warning: That stock recommendation may have been paid for bythat recommended stock 51 International Cover

Focus On/Retirement
The cover is on how Goldman Sachs
More over-50s are getting divorcedand few are nancially prepared for it 53 went into business with Libya during
Alzheimers is expensive. Trusts and annuities can help 54 Qaddas regime and turned a
huge prot.
How early retirees make the money last 56
Tax-deferred plans are being sued over fees 56 Finally, weve caught a global
nancial institution doing
Features something naughty.

Your Vote May Not Count Creaky machines run on outmoded software 60

Desert Storm What happened when Goldman took Libya on as a client 66

Peak Ponzi A visa-for-investment program wipes out in Vermont 74

Etc./The Lunch Issue


Making the most of the most eagerly anticipated part of your workday 81
A chart to determine whether youre game for Subway or Potbelly 83
These lunchboxes look good and function better 84
Sauces and spreads to make eating at your desk less depressing 86
Client-ready restaurants for a modern power lunch 89
A make-at-home meal plan thats delicious, quick, easy, and affordable 90
How Did I Get Here? Panera Breads Ron Shaich craves the Spicy Thai Salad With Chicken 92
THE BEST HEALTH
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one of the many ways Optum connects all parts of health care
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optum.com/healthier
Index
People/Companies

AB Rouhani, Hassan 47
TUV
74
Royal Bank of Scotland
Adidas(ADS:GR) 32 Group(RBS) 50 Taco Bell(YUM) 82
Agern 89 Slippery Rozmaryn, Jake 88 Tampa Bay Rays 29
Albertsons 30 slope S&P Global Ratings (SPGI) 23, Target(TGT) 42
Aldi 30 51 Tarullo, Daniel 22
Alipay(BABA) 41 Salesforce.com(CRM) 19 Taylor, Hudson 29
Aliredha, Yusuf 68 Sanders, Bernie 36 Tempur-Sealy(TPX) 19
Allianz(ALV:GR) 68 Sano(SNY) 43 Texas Central Railway 37
Alter 89 SANS Security 41 Thomson, Anthony 50
Amazon.com(AMZN) 30, 42, 68 Scott, Rick 37 Toronto Blue Jays 29
American Express(AXP) 14 Seqirus(CSL:AU) 43 Transgene(TNG:FP) 51
AnC Bio 76 Shaich, Ron 92 Trump, Donald 22, 36, 61, 68
Anthemis Group 50 Shake Shack(SHAK) 82 Turnbull, Malcolm 24
Aon Hewitt 56 Shalom Yall 89 Twitter(TWTR) 14, 19, 36
Apple(AAPL) 42, 44, 61 Sherwood, Michael 68 UBS(UBS) 43
Aqimero 89 ShopRite 30 Udo, Joe 56
Aquino, Benigno 23 Shore Capital Group(SGR:LN ) Under Armour(UA) 32, 42
Aritzia 19 50 UniCredit(UCG:IM) 68
AstraZeneca(AZN) 43 Shumlin, Peter 76 Union Investment 32
Atom Bank 50 Slagle, Ali 90 Union Square Caf 82
Axel Springer(SPR:GR) 16 Snowden, Edward 16 Union Square Hospitality
Backpage.com 14 Socit Gnrale(GLE:FP) 68 Group 82
Ballinger, Barbara 53 Soros, George 68 Virgin Money(VM:LN) 50
Banco Santander(SAN:SM) 68 SportsOneSource 32 Visa(V) 14, 23, 82
Bank of America(BAC) 51 Sprig 82, 86 Vitol Group 47
Barclays(BCS) 22, 50 Stanart, Stan 36 Volkswagen(VOW:GR) 19
Bareburger 85 Starbucks(SBUX) 30
BATS Global(BATS)
Baum, Joseph
19
82
Starling Bank
Stein, Jill
50
35 WYZ
Bayer(BAYN:GR) 31 Dart, Thomas 14 Holder, Eric 16 Meyer, Danny 82 Stenger, Bill 76 Walmart(WMT) 30, 42
Bean, Billy 29 Davis, Wade 29 Holmes, Katie 32 Microsoft(MSFT) 61 Stewart, Kristen 32 Walt Disney(DIS) 19
Ben-Brahim, Driss 68 DBS Group(DBS:SP) 23 Hopewell, Bobby 39 Milktooth 89 Stryker(SYK) 39 Wanda Group 41
Bernies Lunch & Supper 89 De Lima, Leila 23 Hopkins, DeAndre 32 Mitsubishi Tanabe Stuart, Oris 29 Wang Jianlin 41
Biden, Joe 37 Dell 61 HP(HPQ) 61 Pharma(MTZPY) 43 Stumpf, John 19 Washington Redskins 29
BlackBerry(BBRY) 19 Deloitte 68 HSBC Holdings(HSBC) 50 Monitor 68 Sutton, Tony 76 Washington Wizards 19
Blankfein, Lloyd 68 Detroit Lions 29 Hulme, Douglas 76 Monsanto(MON) 31 Sweetn Pok 82 WeChat(700:HK) 41
Bloomeld, April 90 DeWalt(SWK) 42 IBM(IBM) 61 Monzo 50 Wellesley, Soa 68
Blumenthal, Richard 37 Diageo(DEO) 19 Icahn, Carl 42 Moodys Investors Wells Fargo(WFC) 19
10 Brainard, Lael 22 Diebold(DBD) 61 In Situ 89 Service(MCO) 51 Wenig, Devin 42
Bread & Buttery 89 Dig Inn 85 Investec(INL:SJ) 51 Moor Insights & Strategy 44 West, Kanye 32
Breish, AbdulMagid 68 Dominion Voting Systems 61 Jabbour, Jaber 68 Morgan Stanley(MS) 51, 56 Whiteman, Michael 82
Brevan Howard Asset Dunham, Lena 36 Jammet, Nicolas 82 Myer(MYR:AU) 42 Whole Foods Market(WFM)
Management 50 Duterte, Rodrigo 23 Jay Peak Resort 76 30, 82, 85

NOP 35
Brodo 88 Jenkins, Scott 44 Williams-Sonoma(WSM) 19
Brooks, Cornell William 36
Brunner, Jennifer 61 EFG Jewel-Osco
Johnson & Johnson(JNJ)
30
31 Nader, Ralph 36
Jill
Wipi, Dolf
Wisesh Pok
48
82
Bryan, Garnier 32 Eatsa 82 Johnson, Gary 36 Natixis(KN:FP) 51 Stein Witeck Communications 29
Burger King(QSR) 82 EBay(EBAY) 42 Johnson, Magic 19 Netix(NFLX) 82 Wolfe Research 30
Bush, George W. 61 Eco Branding 88 Johnston, William 39 New York Liberty 29 Sweetgreen 82 Yellen, Janet 22
Butcher & Bee 89 EDF Group 68 Jose Cuervo 19 Nike(NKE) 32 Swinghamer, David 82 Zarti, Haitem 68
Butchers Table, The 89 Edward Jones 56 Juicy Cube 88 Nolan, Jessica Entzel 86 Swiss Data Safe 48 Zarti, Mustafa 68
Election Systems & Software 61 Juliet 89 Novartis(NVS) 43

CD EMarketer
Energy Aspects
42
47
Junes 89 Nuveen Asset Management 56
Oanda Asia Pacic 23
Capital Economics
Caribbean Room
47
89
Engine Company No. 3
Eni(ENI:IM)
89
68 KLM Obama, Barack 19, 22, 36
Olson, Scott 54
Carpenter, John 76 Enomad 45 Kabbaj, Yousef 68 Orlando Magic 29 How to Contact
CBOE(CBOE) 19 Etsy(ETSY) 42 Kali 89 Panera Bread(PNRA) 92
Certainty Health 44 Evans, Charles 22 Karn Couzens & Associates 56 Parfet, William 39 Bloomberg Businessweek
Chang, David 82 F-Secure 41 Kass, Sam 82 Park, Hyerin 45
Chemtura(CHMT) 19 Facebook(FB) 14, 16 Kerber, Angelique 32 Paxton, Ken 36 Editorial 212 617-8120 Ad Sales 212 617-2900
Chicago Cubs 29 Family Dollar(DLTR) 30 Kroger(KR) 30 PayPal(PYPL) 42 Subscriptions 800 635-1200
Chipotle(CMG) 82 Ferrer, Carl 14 Krner, Matthias 50 Pentreath, Nick 68 Address 731 Lexington Ave., New York, NY 10022

PHOTOGRAPH BY ANDREW MOORE FOR BLOOMBERG BUSINESSWEEK; GETTY IMAGES(2)


Fidor Bank 50 Lagier, Sydney 56 Pernia, Ernesto 23
E-mail bwreader@bloomberg.net
FireEye 41 Lampe Asset Management 51 Perry, Katy 36
Fold-Pak 85 Lands End(LE) 19 Perry, Richard 19
Fax 212 617-9065 Subscription Service
Fortuna, Carl Jr. 37 Lanxess(LXS:GR) 19 Petromatrix 47 PO Box 37528, Boone, IA 50037-0528
Fountain Detroit 89 Layas, Mohammed 68 Petrbras(PBR) 48 E-mail bwkcustserv@cdsfulllment.com
Fox News(FOXA) 36 Leahy, Patrick 76 Pzer(PFE) 31 Reprints/Permissions 800 290-5460 x100 or
FreshDirect 19 Leisure Hotels & Resorts 76 Philadelphia 76ers 19
businessweekreprints@theygsgroup.com
Galianakis, Zach 36 Lenwich 85 Philip Morris(PM) 43

82
General Motors(GM) 31 Leonsis, Ted 19 Phillips, Linda 61
Letters to the Editor can be sent by e-mail, fax,
George, Esther 22 Lidl 30 Pine Street Market 89
Georgiou, Andreas 25 Litigation Insights 31 Pineapple & Pearls 89
or regular mail. They should include address,
David
Chang Glaser, Milton 82 Little Collins 85 Pitera, Merrie Jo 31 phone number(s), and e-mail address if available.
GlaxoSmithKline(GSK) 44 Lloyds Banking Group(LYG) 50 Pogba, Paul 32 Connections with the subject of the letter should
Citigroup(C) 32, 51, 68 Goldberg, Michael 76 LTCShop.com 54 Protein Sciences 43 be disclosed, and we reserve the right to edit for
Clean Edge 45 Goldman Sachs(GS) 68 MainFirst 32 Putin, Vladimir 16
sense, style, and space.
Clinton, Bill 36 Google(GOOG) 14, 16, 44 Maple 82 PwC 41
Clinton, Hillary 22, 36, 61 GoPro(GPRO) 45 Marchionni, Federica 19
Corrections & Clarications
Colicchio, Tom
Comey, James
82
60
Gore, Al
Gramercy Tavern
36, 61
82
Marukin
MasterCard(MA)
89
14 QRS President Obama won 5 million more votes than
Cook, Tim 44 May, Leo 84 Qadda, Saif 68 Mitt Romney in 2012, not 3.5 million as reported in
The Little Blue Dot Irritating Nebraskas GOP
Cos(COSI)
Cox, Manon
19
43 HIJ McCurry, Justin
McDonalds(MCD)
56
82
Quiros, Ariel
Randalls
76
30 (Politics/Policy, Sept. 26-Oct. 2, 2016).  Cartiers
Craigslist 14 H-E-B Grocery 30 McDougall, Catherine 68 Raymond James(RJF) 76
Watch Dreams Run Out of Time (Companies/
Crane, Margaret 53 Hainer, Herbert 32 McMullen, Rodney 30 RBS(RBS:LN) 19
CSL(CSL:AU) 43 Harden, James 32 Medicago 43 Reemsnyder, Bonnie 37 Industries, Sept. 26-Oct. 2) should have stated that
D.C. United 29 Helen Greek Food and Wine 89 Merck(MRK) 43, 44 Reynolds American(RAI) 43 Richemont, Cartiers parent company, is based
Daffey, Michael 68 Holden, Richard 61 Mester, Loretta 22 Rosengren, Eric 22 in Switzerland.
GOOD HELP
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IS HARD TO
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THERE IT IS.
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Its quite common for clients to feel anxious when they meet with For some nancial advisors, the Financial Anxiety Scale might be a very

their nancial advisors. The better that nancial advisors deal normal thing to use with their clients, and can be used as a tracking tool to
see if a clients feelings about their nancial situation change over time. Others
with that anxiety, the more likely it is that theyll have long-lasting
may only want to use it when their clients appear very tired or very nervous at
relationships with those clients, says Dr. Kristy Archuleta, a their rst meeting, to try and determine whether those physical symptoms of
Hartford Funds Human-Centric Insights panelist, Program Director anxiety are tied to their nancial situation, or something else in their life.

of Personal Financial Planning at Kansas State University and a


!"#$#%&'()'!"$#&")*+'&,)$#'-#.)(+'/"0,"')(#'0&'12(30)4&56'!"#'"07"#$
past President of the Financial Therapy Association.
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1 I have difculty sleeping because 4 I have difculty controlling worrying


of my nancial situation. about my nancial situation.
2 I have difculty concentrating on 5 My muscles feel tense because
+RZDQ[LRXVDERXWWKHLUQDQFHVDUHW\SLFDOQDQFLDO
DGYLVRUFOLHQWV" my school/work because of my of worries about my

We know that 72 percent of adults say they feel stressed about money at least nancial situation. nancial situation.
3 I am irritable because of my 6 I feel fatigued because I worry
some of the time, according to the American Psychological Associations 2015
Stress in America survey. And they might be stressed simply because theyre nancial situation. about my nancial situation.

seeking the advice of someone, and opening up to a nancial advisor.


$UHWKHUHVRPHFOLHQWVVRDQ[LRXVWKDWQDQFLDODGYLVRUV
In a recent study published in the Journal of Financial Therapy, people FDQWUHDOO\KHOSWKHP"
were hooked up to machines that measure physiological responses, like palm Yes. Theres a group of people for whom the anxiety is so strong, they are hav-
sweat and body temperature. These people said they werent stressed about ing difculty making good decisions about their nancial futures. For them, it
their nancial situations, yet when they talked about money, a physiological may be a good idea to put off the planning process until their anxiety is treated
response was produced. The lesson: People are clearly more anxious about by a mental health professional.
their nances than they say they are.
+RZFDQQDQFLDODGYLVRUVGHDOZLWKDFRXSOHZKHQRQH
+RZGRHVWKH)LQDQFLDO$Q[LHW\6FDOHWKDW\RXYH SDUWQHUIHHOVKLJKOHYHOVRIDQ[LHW\EXWWKHRWKHUGRHVQW"
GHYHORSHGZRUN" They should make sure they are spending time talking to both partners about
Its patterned after the Generalized Anxiety Disorder criteria contained in the the anxiety. They should ask the person with the anxiety about what things
American Psychiatric Associations Manual of Mental Disorders. Each indica- they have control over that might reduce their anxiety. And they should ask the
tor is assessed on a scale from 1 [never] to 7 [always]. anxious persons partner how they can help reduce the anxiety.

The focus has to be on things the couple is in


control of. Theyre not in control of the market. So
if the market dips, what can they do to lessen the
anxiety that produces? Often, couples can come
up with their own solutions, simply if someone
6HYHQW\WZRSHUFHQWRI prompts them to.
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tained herein should not be construed as investment advice or a
VRPHRIWKHWLPH recommendation of any product or service nor should it be relied
upon to, replace the advice of an investors own professional legal,
tax and nancial advisors. Hartford Funds Distributors, LLC.

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Human-centric investing means understanding
the behaviors, motivations and eccentricities of
your clients, not just the market.

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At Hartford Funds, we believe in something we call human-centric investing, an approach that seeks a deeper understanding of
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FOLHQWVEURXJKWWR\RXE\+DUWIRUG)XQGV7RUHDGZKDWWKH\KDYHWRVD\JRWRhumancentricinvesting.com

Dr. Barbara Nusbaum Dr. Kristy Archuleta Dr. Vicki Bogan Tim Sanders
Clinical Psychologist, Program Director of Professor and Director of the Author and expert on
3K'H[SHUWDQGVSHDNHU Personal Financial Planning Institute for Behavioral and motivation, emotional talent
specializing in the intersection DW.DQVDV6WDWH8QLYHUVLW\ Household Finance (IBHF) at and sales innovation
of money, psychology and life &RUQHOO8QLYHUVLW\
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individuals, families and QDQFLDOWKHUDS\DQG research and education <RUN7LPHVEHVWVHOOHU Love
organizations on the impact includes dyadic processes in the areas of behavioral Is the Killer App: How to Win
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Opening
Remarks Backpage.coms business is an online
classified marketplace, providing a
Section 230(c)(1) is the fairy god-
mother of the internet. It reads: No pro-
forum for people who want to sell vider or user of an interactive computer
cars, rent an apartment, or find a baby service shall be treated as the publisher or

The sitter. But the site is far better known


as one of the biggest web platforms
for sex advertisingthe descendant of
speaker of any information provided by
another information content provider.
That one-liner in a 1996 law has ballooned

Right
To Run the raunchy ads that used to be found
at the back of alt weeklies such as the
Village Voice. As such, Backpage is tied
into an expansive shield that insulates
Google, Facebook, and Twitter from lia-
bility for what their users say and do. This

Sex Ads
By Dune Lawrence
to the ills of that business: prostitution
and human trafficking. Its also become
a fierce standard-bearer in the war over
online free speech, wrapping its busi-
has mostly been a good thing, because
those services wouldnt exist if they
had to police everyones every word. In

ness model in the First Amendment to


fend off enemies in law enforcement
and government.
Those foes are persistent, and under-
standably so: Its easy to support the Darts efforts against Craigslist, however,
ideal of free speech but rather more it meant that though pimps might choose
complicated when faced with for-profit to post barely disguised ads for prosti-
companies like Backpage, whose consti- tutes and johns might buy the services
14 tutionally protected activities have con- advertised, the site wasnt liable for any
tributed to horrific harm to minors and of that illegal activity.

women. Thats the backstory to the battle Craigslist decided to get rid of its adult
between Backpage and Sheriff Thomas section in 2010, giving Backpage a big
Dart, whos hoping to take his fight to the boost as escort advertisers shifted over
U.S. Supreme Court in the term that starts to its adult categoryone of the few ser-
on Oct. 3. To get at Backpage, hes trying vices for which Backpage charged a fee.
to do an end run around the immunity Dart turned his attention to Backpage,
protecting online businesses from liabil- urging changes to the site to cut down
ity for what their users do. on prostitution. Backpage, though, didnt
Dart, the sheriff of Cook County, cavethe word it later used to describe
which includes Chicago, has made
the fight against prostitution a signa-
ture issue. In 2009 he sued Craigslist
Backpages biggest rival in the online
classifieds marketover its adult ser- Craigslists decision to drop out of the
vices section. Craigslist, he argued, was adult market.
creating a public nuisance by facilitating On June 29, 2015, Dart sent letters
the sex trade, which consumed the time, to Visa and MasterCard that began, as
money, and resources of law enforce- the Sheriff of Cook County, a father and
ment. The case was dismissed under a caring citizen, I write to request that
Section 230 of the Communications your institution immediately cease and
Besieged on several Decency Act (CDA). desist from allowing your credit cards
fronts, an online classied
site wraps itself in
the First Amendment
right. Its completely facetious to say The sheriff of Cook
Dart is not using his power as a cop as a
threat, Herzog says. His position seems
County got the major
to be, I didnt cause the credit card com- credit card companies to
to be used to place ads on websites like panies to do this at all. But imagine a take his side in the battle
Backpage.com, which we have objec- cop says to you, Lady, get that Clinton
tively found to promote prostitution and sign off your lawn, or Ill bust you. Just
facilitate online sex trafficking. He made because you choose not to, that doesnt its own criminal conduct when content
clear his frustration with the CDA: For make the threat OK. created by a third party was part of the
years, law enforcement agencies and Dart has appealed to the Supreme chain of causation of the injuries.
advocacy organizations have screamed Court (which accepts a tiny percentage of Even if Backpage prevails against
and howled about Backpage.com and the petitions it receives). While he waits, Dart and the women, its still got prob-
similar sites to no avail. But Congress he continues to battle Backpage in Illinois lems. For one thing, it seems unlikely
is too hamstrung to act and the Courts district court. The site dropped its claims the credit card companies will reinstate
continue to follow antiquated laws to the for damages in August and is seeking services; none have since the Seventh
point of nonsensical outcomes. But such summary judgment. Dart is pushing for Circuit ruling in November. (After Visa
absurdity is no excuse for institutions to
ignore their own rules, precedents and
their own sense of decency.
Both companies swiftly did as Dart
asked. (American Express had ended
its service to Backpage in April 2015,
and MasterCard pulled out, Backpage
began running sex ads for free, charg-
ing only for extra visibility on a page, via
bitcoin, check, or money order.)
In March, a U.S. Senate committee
citing its terms of use, which forbid further discovery related to Backpages sued Backpage Chief Executive Officer
brand damaging or illegal transactions.) businessparticularly how many of the Carl Ferrer to compel him to appear
Backpage responded almost as swiftly ads are for prostitution. His office said in before the committee and to comply with
with a lawsuit, calling Darts actions cen- an e-mail, The relief Backpage is seeking a subpoena in its investigation of sex traf-
sorship of the free speech rights of the to enjoin the Sheriffs speechwould be ficking. Backpage argued this was simply 15
site and its users through an informal an improper restriction of Sheriff Darts one more assault on its First Amendment
process of coercive threats or insinua- own First Amendment Rights. Backpage rights and yet another plot to shut down
tion. The company sought a prelimi-
nary injunction, compensation for lost
revenue, and punitive damages to deter
Dart from conduct recklessly indiffer-
ent to protected rights.
Backpage lost in district court, largely declined to comment for this story. its business. A judge has ordered Ferrer
because Dart showed that not only had Backpage faces another possible to cooperate. The Supreme Court
American Express taken action on its Supreme Court showdown, one that rejected Backpages request to stay the
own but that MasterCard was beginning addresses Section 230 immunity more court order.
to do so as well. Visa submitted an affida- explicitly. The plaintiffs in the case One broader worry is how all of this
vit saying it didnt consider Darts letter include three women trafficked via might erode Section 230and alter the
a threat, though it did act on it. Backpage ads in Massachusetts, begin- internet. Were seeing some judges
Backpage, however, won the next ning at age 15. The U.S. Court of Appeals who are just so concerned about harm
round. The U.S. Court of Appeals for the for the First Circuit in Boston found the to victims online that theyll twist law in
plaintiffs made a persuasive case that whatever direction it needs to be twisted,
Backpage tailored its services to facili- says Eric Goldman, an expert on free
tate sex trafficking, a criminal violation speech and technology at Santa Clara

Seventh Circuit reversed the lower court, of federal and state law aimed at those University School of Law. He sees Section
interpreting Darts letters as coercive and who knowingly aid in sex trafficking. 230 as key to protecting First Amendment
a restraint of protected speech regardless Nevertheless, the court held that even rights online and also fundamental to the
of whether or not the credit card compa- in this context, Section 230 conferred rise of startups that challenge the status
nies acted because of them. immunity on the site. The plaintiffs want quo. The question, Goldman says, is
Don Herzog, a First Amendment spe- the Supreme Court to clarify the extent what do we need to do to preserve the
cialist at the University of Michigan Law of Section 230s protections, specifically next disruptive technology thats going
School, thinks the Seventh Circuit got it whether a website can ever be sued for to make our lives better? 
Bloomberg To read Mark Gilbert
on how not to run
a central bank and
View Matt Levine on Merrill
Lynchs too-fast
traders, go to
Bloombergview.com

be able to raise the defense that his intentions were good. But it
Dont Pardon would still be a jury trial, with its inherent presumption of inno-
cence and constitutional protections, not a military tribunal.
Edward Snowden Some of Snowdens supporters suggest the U.S. Department
He performed a service by revealing NSA of Justice should offer him a deal: leniency in exchange for
methods but should still face a jury returning to the U.S. and giving back classified materials not
yet released. But a charge of, say, theft of federal property
rather than espionage would not fit the magnitude of his crime.
The fight against global terrorism will always require trade-
offs between national security and privacy. With its metadata
program, the NSA went too far. But so did Snowden, in reveal-
ing such a vast cache of materials. If he truly feels hes done
nothing deserving of punishment, he should make that case
to a jury in the U.S.

Europes Google News


Tax Makes No Sense
Publishers have tried licensing fees before and
failed. That result is unlikely to change
The movement to pardon National Security Agency leaker
16 Edward Snowden is picking up momentum, with human-rights
groups, editorial boards, the Libertarian Party candidate for A digital single market, like a single currency, is one of those
president, and some former intelligence officers hopping on grand European ideas that sounds better than it works. Take,
board. Even Eric Holder, the former attorney general, has said for example, the European Commissions clumsy attempt to
Snowden performed a public service. use copyright law as a cudgel against U.S. interlopers such as
But to show leniency for the man now enjoying Vladimir Google and Facebook.
Putins hospitality in Moscow would be to ignore the great One provision of a new bill proposed by the commission
damage hes done to U.S. national security. It would also set accords publishers the right to a license fee whenever a news
a bad precedent. aggregator such as Google News uses even a snippet of the pub-
Its true that the public interest was served by Snowdens lishers content. Currently aggregators pay no such fee. Who
revelation that the government was collecting telephone meta- would it benefit? Not readers. It would only make the publishers
data without a court order, and that U.S. intelligence services work harder to find. Not aggregators, whose value proposition
have responded with positive reforms. But Snowden also is offering customers the widest array of information.
released classified information on many other intelligence Publishers seem to think they will be the main beneficiaries
programs that were clearly within the law, exposing sources they lobbied heavily for the feebut its not at all clear they
and methods to Americas enemies. This included details of will be. When German publishers tried to force aggregators to
U.S. information-gathering on his Russian hosts. pay fees in 2014, applying legislation that came into effect the
Snowden claims he tried to report his concerns to his bosses. year before, Google News refused and stopped carrying snip-
But considering that he was able to flee the country with more pets of German articles. Publishing giant Axel Springer found
than 1.5 million documents, its odd that he hasnt provided that traffic from Google News plummeted by 80 percent during
any e-mails or other evidence to corroborate his story. the two-week cutoff. Publishers relented and waived the fee.
Unlike others who have been charged with leaking under Spain tried a similar approach in 2015, with predictable results.
the Espionage Act and have stayed in the U.S. to stand trial News aggregators are disrupters, of course, but theyre also
KAYANA SZYMCZAK/THE NEW YORK TIMES/REDUX

including former CIA officer John Kiriakou, who served almost saviors: They can expand (and globalize) a small local audience.
two years in federal prison for disclosing the agencys use of Publishers have to find new ways to make a profit, but seeking
enhanced interrogation techniquesSnowden has accepted protection under the guise of copyright law isnt the way.
asylum from one of the worlds most repressive regimes. And The commissions proposal isnt completely without virtues.
while the administration has sometimes been too willing to It would allow for cultural heritage institutions to distribute
exploit the Espionage Act, Snowden committed exactly the works no longer available to the public, for example, and would
sort of acts it was intended to punish. clarify the legal uncertainty around the use of copyrighted
Snowdens lawyers claim that he wouldnt get a fair trial materials by teachers and researchers. But making these excep-
under the Espionage Act. Many aspects of the trial would be tions is different from creating new rights. The commission
classified and not open to the public, and its unlikely he would needs to take a lighter touch. 
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$24.5t
Movers
By Kyle Stock

 Jose Cuervo,
the worlds largest
 West Elm, a home tequila maker, led
furnishings unit of  U.S. retirement assets reached a record high in the second quarter.
Williams-Sonoma, plans for an IPO in
said it will develop Mexico. The company had
boutique hotels. sales last year of $1 billion,  In September,
Rooms will cost up to U.S. consumer

$400
up about 25 percent from condence rose
2014. It rebuffed an offer to its highest level  Walt Disney joined
a night; guests will from Diageo in 2012. in nine years.
Most encouraging:
Salesforce.com
also be able to buy
the furniture. 7.7 percent of in crunching the
consumers plan numbers on
to buy a washing
machine, another
a potential bid
high point since for Twitter. The
the recession. micro-messaging site
has hired investment
bankers to evaluate its CBOE bought BATS
Global, creating an
options, as sales chatter exchange giant

$3.2b
briey drove its market
value up to $16.5 billion.
Lanxess purchased
Chemtura, adding
chemicals to its rubber
 NBA owners and disinfectants

$2.7b
started to go long
on competitive
 A chorus from the Revolutionary Armed Forces of Colombia performed after video gaming. The
the rebel group signed a peace accord with the government to end more than Philadelphia 76ers
ve decades of conict. Womens retailer
snapped up Team Aritzia had the largest
Dignitas and Apex Canadian IPO of the
Gaming. And a year so far

African American history is $400m


group including
Magic Johnson
19
and Ted Leonsis,

not somehow separate from our owner of the


Washington
Wizards, bought
FreshDirect, a New
York grocery delivery

larger American story.It is


service, raised

$189m
Team Liquid.
This year,
IMAGES; ERIC ISSELEE/GETTY IMAGES; ILLUSTRATIONS BY 731

central to the American story.


e-sports should
generate almost Truman Capotes ashes
Ups $500 million in were sold at auction

$43.8k
 President Obama, speaking at the opening of the Smithsonian National revenue.
Museum of African American History and Culture in Washington.

 Fighting to keep his RBS settled claims


job, Wells Fargo that it sold toxic
 Soup-and-sandwich empire mortgage securities
CEO John Stumpf

$1.1b
Downs Cos led for Chapter 11  U.S. attorneys said theyre
said hed forfeit

$41m
bankruptcy protection. It plans to trying to gure out how much
sell its chain of
they can ne Volkswagen for
CLOCKWISE FROM TOP: RICARDO MAZALAN/AP PHOTO; JIM SPELLMAN/GETTY IMAGE

 Pi bulls
Pit b ll iin 74 restaurants Acres of land
to its lenders. emissions cheating without putting in stock and salary. destroyed by wildres
Montreal
the company out of business. VW near Los Angeles

2.3k
r
remainedi d
has liquid assets of about  Lands End
stoici as
 BlackBerry said $32 billion. CEO Federica
m i i l
municipal it will stop making A dismal sales forecast
l
lawmakers k its once-ubiquitous Marchionni
for Tempur-Sealy
approved da smartphones, was pushed resulted in its shares
outsourcing the work out after just crashing on Sept. 28
ci
citywideid b ban
24%
to focus on software
off the
h breed.
b d. and services. Sales in 19 months on
A i l rights
Animal i h the recent quarter fell  Hedge fund the job. Among
d
advocates
lli
are calling
32%
from the year-earlier
savant Richard
Perry called it quits
after almost three
s
the boards
complaints: She
The World Trade
Organization cut its
trade growth forecast
f tourists
for period. decades. Perrys spent only about for 2016 by more
funds have slumped d a week a month than one-third, to its
to bboycott for three years, despite a long lowest estimated
h city.
the i . run of 15 percent annual returns. He
at the Wisconsin
rate since the crisis

1.7%
said his strategy no longer works. headquarters.
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THE
MYTH #1: ETFs ARE RISKIER MYTH #3: WHEN MARKETS
THAN MUTUAL FUNDS ARE EXTREMELY VOLATILE, ETFs
With both mutual funds and ETFs, there OFTEN FAIL TO TRACK THEIR
are two kinds of risk: the risk that your INTRINSIC VALUE
investment will decline in value, and This myth misses the point: ETF pricing

MYTHS
risk tied to a funds operations. As for is dependant upon accurate market data
investment risk, the performance of the and liquidity of their underlying securities.
underlying securities determines the funds When there are market-wide disruptions,
risk prole. So, if you have an ETF and a equity or xed income, ETFs may
mutual fund that are designed to track the experience temporary deviations from their
same index, both investments should have instrinsic value. However, in some cases,
similar investment risk. instrinic value itself may be compromised

OF ETFs
As for operational risk, ETF liquidity, due to lack of real-time market data. That
transparency and tax efciency compare being said, ETFs trade continuously on
favorably to those of traditional mutual exchange and, in some cases, can provide
funds, says Tim Coyne, Head of Global price discovery for an asset class. For
SPDR Capital Markets at SSGA. ETFs are example, on August 24, 2015, despite
traded throughout the day and priced in market data being unavailable for several
real time, while mutual funds are priced of its underlying securities, SPY efciently
once daily at the market close. ETFs traded roughly 507 million shares, or $97
disclose their holdings daily, while most billion, throughout the day at an average
mutual funds only disclose their holdings premium or discount of 0.0053%.
Exchange traded funds (ETFs) have more on a quarterly basis. Trading activity can SSGA continues to work with regulators
than $2 trillion in assets under generate additional transaction and tax and other market participants in an effort
management in the United States. Theyve costs for mutual fund shareholders, while to prevent similar future pricing
been around for 23 years, ever since State the creation/redemption mechanism of disruptions, and to minimize their impact if
Street Global Advisors (SSGA) launched ETFs can reduce these costs. they do occur.
the rst SPDR ETF, SPDR S&P 500
ETF (SPY), in 1993. But some investors MYTH #2: ACTIVELY MANAGED ETFs (1) Morningstar and SSGA, as of December 31, 2015.
(2) Bloomberg, NYSE Arca as of 8/31/2016.
are still confused about the key attributes GENERALLY HAVE HIGHER RETURNS Smart Beta: Denes a set of investment strategies that use alternative
of ETFs, such as their risk prole, suitabil- THAN PASSIVELY MANAGED ETFs index construction rules to achieve outperformance over rst-generation
market capitalization based indices.
ity, cost and performance. Here are the It all depends on your time horizon. Over Important Risk Information
The SPDR S&P 500 ETF Trust seeks to provide investment results that,
most common myths and facts that set certain time periods, passive ETFs have before expenses, correspond generally to the price and yield performance
of the S&P 500 Index.
the record straight. outperformed actively managed ETFs.
We advise you seek your own legal and tax advice in connection with
Over other time periods, the reverse is true. investing matters. This communication is not intended or written to provide
legal or tax advice. This communication also is not intended or written to be
It is certainly true that actively managed used, and cannot be used, for the purpose of avoiding tax-related penalties.
(IRS Circular 230 Notice)
ETFs have become more prominent. ETFs ETFs trade like stocks, uctuate in market value and may trade at prices
started out very much as a passive strategy, above or below the ETFs net asset value. Brokerage commissions and ETF
expenses will reduce returns.
however, they continue to evolve, says There can be no assurance that a liquid market will be maintained for ETF
shares.
Coyne. For example, were seeing a lot
Equity securities may uctuate in value in response to the activities of
of focus on smart beta products in the individual companies and general market and economic conditions.

ETF market, an approach that represents While the shares of ETFs are tradable on secondary markets, they may not
readily trade in all market conditions and may trade at signicant discounts
an effective bridge between passive and in periods of market stress.

active management. Actively managed ETFs do not seek to replicate the performance of a
specied index.
Additionally, SSGA has brought to Passively managed funds hold a range of securities that, in the aggregate,
approximates the full Index in terms of key risk factors and other
market their own active strategies, as well characteristics. This may cause the fund to experience tracking errors
relative to performance of the index.
as partnered with industry leading active
Standard & Poors, S&P and SPDR are registered trademarks of Standard &
managers, to bring active management Poors Financial Services LLC (S&P); Dow Jones is a registered trademark
of Dow Jones Trademark Holdings LLC (Dow Jones); and these trademarks
to the transparent, low cost and more tax have been licensed for use by S&P Dow Jones Indices LLC (SPDJI) and
sublicensed for certain purposes by State Street Corporation. State
efcient ETF wrapper. Whether clients Street Corporations nancial products are not sponsored, endorsed, sold
or promoted by SPDJI, Dow Jones, S&P, their respective affiliates and
are looking for passive, smart beta or third party licensors and none of such parties make any representation
regarding the advisability of investing in such product(s) nor do they
active solutions, ETFs are increasingly being have any liability in relation thereto, including for any errors, omissions, or
used as the vehicle of choice by investors interruptions of any index.
Distributor: State Street Global Markets, LLC, member FINRA, SIPC, a
of all types, says Coyne. wholly owned subsidiary of State Street Corporation. References to State
Street may include State Street Corporation and its affiliates. Certain State
Street affiliates provide services and receive fees from the SPDR ETFs.
ALPS Distributors, Inc., a registered broker-dealer, is distributor for SPDR
S&P 500 ETF, a unit investment trust. ALPS Distributors, Inc. is not affiliated
with State Street Global Markets, LLC.

Before investing, consider the funds


investment objectives, risks, charges
and expenses. To obtain a prospectus or
summary prospectus, which contains this
and other information, call 1.866.787.2257
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which contains this and other information, call 1.866.787.2257 or visit www.spdrs.com. Read it carefully.
Not FDIC Insured No Bank Guarantee May Lose Value
+$)
G ob
Eco o ics
O
October 3 October
O 9,, 2016
6

T s d ll
O s

Yellen cant hide the dissent inside the Fed


22 We do not discuss politics at our meetings
At the presidential debate on Sept. 26, said in the debate that the Fed is is that
Republican candidate Donald Trump being more political than Secretary markets
accused Federal Reserve Chair Janet Clinton and is keeping rates low to dont seem
Yellen of inflating a big, fat, ugly help President Obama until he hits the to think the
bubble by keeping interest rates too golf courses in January. Fed will call
low. Yellen couldnt just shrug off the The difficulty for Yellen is that attention to
accusation, because only five days although the Feds motivations arent itself by hiking
earlier three members of her own political, its actions are inherently rates six days
rate-setting group, the Federal Open political in the sense that they affect the before the election.
Market Committee, had expressed the economy and thus create winners and Of course, not hiking
same idea in more delicate language. losers. Keeping interest rates low helps could itself be read as
Loretta Mester, Esther George, and incumbents by stimulating growth a political decision.
Eric Rosengren dissented from the but at the risk, some say, of generating The point is that
PHOTO ILLUSTRATION BY BRAULIO ADEUS AMADO; PHOTO: CHIP SOMODEVILLA/GETTY IMAGES

FOMC decision to stand pat on rates, unacceptably high inflation that would anything the Fed does
the committee announced, because have to be quelled with high rates later. or doesnt do is viewed
they preferred to raise the federal Thats what Trump was getting at in the through a political filter,
funds rate a quarter percentage point debate when he said, Youre going to even though Yellen said after
at the meeting. see some very bad things happen. the Sept. 21 FOMC meeting that
It isnt easy running a central bank, Raising rates now presents its own we do not discuss politics at our
especially during an election cam- difficulties. It could disrupt financial meetings, and we do not take poli-
paign, and even more so during this markets, shaking confidence. The next tics into account in our decisions.
campaign, when theres a deep divi- meeting of the FOMC concludes on Close watchers of the Fed say
sion within the economics profession Nov. 2. As of Sept. 28, financial markets Yellen is right that politics never comes
over whether U.S. interest rates are too saw only a 17 percent chance that the up at FOMC meetings. Michael Gapen,
low. As the uneven record of central Fed would raise rates on that date, vs. chief U.S. economist at Barclays, says
banking goes to show, setting interest a 53 percent chance of raising rates on he doesnt think the Fed would hesi-
rates is a bewildering business. But Dec. 14. Why the low expectations for tate to raise rates on Nov. 2 if the time
exposing that bewilderment to the November? One reason is that theres is right. You have to go back to Arthur
public makes the Fed seem ineffective, no press conference scheduled then, Burns, who held office from 1970 to
which renders it more vulnerable to and Yellen uses press conferences to 1978, to find a Fed chair who is delib-
attack from the likes of Trump, who explain rate moves. But another reason erately goosing the economy to help
Th
T he k
koala
l on
A li back
Australias b k 24

G
A Greek statistician
l
learns no gooddd d
deed
g
goes i h d 25
unpunished

an incumbent president, says y Michael overoptimism about the recovery


o y
D f a professor
Dorf, f at Cornell Law School.. have dulled its aura off expertise, says
y
Yellen is putting the best fface on Fed R
Robert Johnson, president off the
d
dissent. h told
She ld reporters she
h thinks
h k I
Institute ffor New Economic Thinking.
its
it s a very good thing that the FOMC The legitimacy of experts is just
The
is not a body that suffers from group- smashed. Theyre viewed as market-
think. Its true that vigorous internal ing agents for power, he says. The 23
debate can produce smarter outcomes. flailing thats on display is not an easy
But its not so good for her when the problem to solve, because speaking
internal debate becomes external. On with one voice would only hide the
the hawkish side on Sept. 21 were three uncertainty of Fed voters, not resolve
Reserve Bank presidentsMester of it. Im empathetic, Johnson says.
Cleveland, George of Kansas City, and Theyre trying to control a system
Rosengren of Boston. On the dovish thats uncontrollable. Peter Coy
side, three unnamed FOMC voters
The bottom line The Fed chief is facing political
tugged in the opposite direction by pressure from the outside while struggling to
indicating in the economic projection quell discord within.
that they dont think any hike is appro-
priate this year. Judging from recent
speeches, two of them were prob-
ably Governors Lael Brainard and
Daniel Tarullo. A third might have been Government
Chicago Fed President Charles Evans.
Modern central banking is all about
Philippine Leader
communication, says Barclayss Scares Off Investors
Gapen. The committee prefers
to communicate with a unified
 The president angers the West
voice. If the Fed is seen as direc-
while tilting to Beijing
tionless, he says, markets
could lose confidence in  We need to counter this adverse
the institution itself. international press
The deeper
problem for the Since taking office at the end of June,
Fed is that its Philippine President Rodrigo Duterte
underregula- has managed to insult U.S. President
tion before Barack Obama, the U.S. ambassador,
the finan- and United Nations Secretary
cial crisis General Ban Ki-moon. Speaking on
and its Sept. 20 in his hometown of Davao
Global Economics

City, Duterte found a new target, from a year earlier, foreign reserves worth 171.2 billion pesos ($3.5 billion),
rejecting the European Unions con- are at a record high of $85.9 billion, including plans to upgrade Manilas
demnation of his crackdown on and inflation is tame at less than airport. As long as the economic
alleged drug dealers, which has led to 2 percent. Fewer Filipinos than before team can push through with their
thousands of vigilante-style killings. have to travel abroad to seek employ- plans, the economy will remain
Ill tell them, F--- you, Duterte said. ment, with the unemployment rate strong, says Gundy Cahyadi, an
Now the former crime-fighting this year falling to 5.9 percent, accord- economist with DBS Group in
mayor is looking for friends in new ing to a Standard & Poors forecast, Singapore. For the time being, we
places and ramping up his attacks down from about 7 percent from still think there [are] plenty of pos-
on domestic critics. On Sept. 27 he 2010 through 2013. As wage costs rise itives to look at. Bruce Einhorn,
accused the U.S. of undermin- There is growing in India, the Philippines with Ditas Lopez, Karl Lester Yap, and
ing the Philippines and said concern over has become the desti- Y-Sing Liau
he will visit China and Russia to developments that nation for companies
could harm the The bottom line President Duterte can afford his
pursue what he called new alli- long-standing looking for an inexpen- gaffes as long as the solid economic foundations
ances in trade. Duterte has also optimism of sive emerging-market built by his predecessor are left in place.
expressed interest in acquir- American business country with low-cost
to invest in the
ing weapons from China, even Philippines. English-speaking workers.
though the two countries have American On Sept. 16, Visa opened
been at odds for years over Chamber of a customer support
Commerce of the
islands in the South China Sea Philippines center in Manila that Gaming
(known in Manila as the West will have 570 employees.
Philippine Sea). Outsourcing operations of
Australia Battles Its
At home, Duterte is tightening all kinds employ more than 1 million Gambling Addiction
his control. After a terrorist attack people in the Philippines.
in September killed 14, he declared The American Chamber of
 Slot machines provide billions in
a nationwide state of emergency. Commerce of the Philippines on
tax revenue at a high social cost
On Sept. 20, Duterte and his allies in Sept. 8 issued a statement expressing
the Senate ousted his critic Senator growing concern over developments  The No.1 jackpot junkies are
24 Leila de Lima from her post as head that could harm the long-standing state governments
of the justice and human rights com- optimism of American business
mittee. Our bill of rights is under to invest in the Philippines. S&P In 2012, after struggling with a
threat, de Lima said on Sept. 26 on Global Ratings warned on Sept. 21 of gambling addiction for 13 years, Kate
Bloomberg TV Philippines. Speaking increased uncertainty in the country, Seselja was ready to kill herself. The
to reporters the same day, Duterte saying extrajudicial killings since 37-year-old mother of six in New
said he expected de Lima to be Duterte took office could under- South Wales was contemplating
jailed for what he claims are ties to mine respect for the rule of law and driving her car into a tree after losing
traffickers. She screwed the nation, human rights. more than A$500,000 ($384,000)
he said. She denies his accusations. Foreign investors sold Philippine playing slot machines. At first they
Duterte seems to be betting his pro- stocks for 27 days, the longest outflow were a bit of fun, Seselja says of
vocative actions wont scare away since 2007. On Sept. 26 the Philippine Australias ubiquitous slots, referred
businesses. When Benigno Aquino, his peso sank to a seven-year low of to as pokies. But soon what had
predecessor, left office, the economy 48 pesos to the dollar. The currencys been enjoyable became a painful
was in the best shape it had been in fall is mainly due to politics with the obsession she couldnt escape.
in decades. Gross domestic product Philippine presidents war on drug Theres machines on just about
grew 7 percent in the second quarter dealers and his intent to seem to alien- every street corner, says Seselja, who
ate all of [the countrys] major trading sought treatment rather than become
partners, says Jeffrey Halley, a market one of the estimated 400 Australians
DUTERTE: SOE ZEYA TUN/REUTERS. ILLUSTRATION BY SIMON ABRANOWICZ

strategist at Oanda Asia Pacific, a pro- with gambling-related problems who


vider of foreign exchange services commit suicide each year.
in Singapore. Australia is trying to come to grips
At a meeting of bankers in Manila with its gambling problem. Last year
on Sept. 15, Socio-economic Planning the countrys $761 (A$585) in per capita
Secretary Ernesto Pernia said, We gambling losses were the highest in the
need to counter this adverse inter- world, beating Hong Kong and Finland.
national press because that will More than half of the A$23 billion
dampen the appetite of foreign Australians gambled away in fiscal
direct investors. To keep the busi- 2015 was sunk into slot machines
ness community on his side, Duterte throughout cities, suburbs, and rural
is following through on a pledge to towns. Gambling in most countries is
build infrastructure. On Sept. 14 restricted to casinos and betting shops,
the government approved projects but Australia allows it in corner pubs
Global Economics

and family-oriented regularly play the slots has a did following the 1996 Port Arthur
sports clubs. Despite serious addiction and loses massacre, when 35 people were killed
having less than about A$21,000 a year, or about by a gunman. The event prompted
half of 1 percent of a third of the nations average tighter gun laws. We havent been
the worlds popu- salary, government protected from this obvious, prevent-
lation, the country data show. The able harm by the government, she
is home to a fifth of social cost of says. This creates at least 400 suicides
the worlds poker gambling is esti- a year. Why is that OK? Jason Scott
machines. mated to be at
The bottom line Australians gambled away
Theres scant least A$4.7 billion A$23 billion in scal 2015, mainly on slot machines,
political will for a year. the highest per capita total of any country.
change: The gam- Australia got close
bling industry is a to enacting safeguards in
major donor to law- 2010, when independent
makers, including lawmaker Andrew
Prime Minister Wilkie agreed to Debt Crisis
Malcolm Turnbulls support Julia Gillards
ruling Liberal- minority Labor
Greeces Least Wanted
National coalition, government in Man Lives in Maryland
and has become return for stricter
a big part of rules on slots, including
 He xed the countrys fake stats.
the nations limiting bets to A$1.
Now he faces criminal charges
economy. After a campaign
Australian by gambling  This would be funny if it werent
states and ter- lobbyists, Gillard so tragic
ritories reaped tore up her deal
A$5.8 billion in with Wilkie. For 21 years, Andreas Georgiou worked
taxes from When Turnbulls in relative obscurity as an economist
gambling in coalition took at the International Monetary Fund 25
2015, easing the pressure on the power, any chance of reform died. in Washington. When the European
federal government, which is pre- On the local level, stricter laws debt crisis hit and his home country of
siding over a budget deficit made introduced by the Australian Capital Greece began teetering toward bank-
worse by low commodity prices and Territory government, which over- ruptcy, Georgiou felt a patriotic urge to
political gridlock. sees the national capital of Canberra, help. In early 2010 he applied online
The July election of antigambling have lowered the revenue of some of to run a newly created office designed to
lawmaker Nick Xenophon, an indepen- Australias biggest gaming companies, clean up Greeces much maligned eco-
dent, to the upper house of Parliament such as the Vikings Club, by limiting nomic statistics. He got the job, and
has reignited talk of curbing the gam- withdrawals from ATMs inside poker- in August 2010 he moved to Greece
bling industry, but even he sounds machine venues to A$250 a day. for a five-year term as president of the
despondent. The hoteliers and clubs Anthony Hill, Vikings chief executive Hellenic Statistical Authority.
are powerful lobbyists, and the No.1 officer, dismisses the need for further Six years later, rather than being
jackpot junkies are state governments, legislation. Most customers are con- seen as a hero who helped fix Greeces
he says, adding that lawmakers are senting adults happy to be entertained broken finances, Georgiou is vilified
terrified of the gambling industry. and are educated enough to know there. His review of the countrys
The federal government could wean what their odds are, he says. public accounting exposed years of
them off their dependency, but it Francis Markham, who researches bogus statistics and along the way
doesnt look like that will happen. gambling at the Australian National made him a target for critics who
Slot machines started proliferating University, says industry lobbying is blame him for the strict austerity mea-
in Australia in the 1950s when they slowing reform. Theres a correlation sures Greeces creditors imposed.
were legalized in New South Wales, the between a spike in political donations Last year, Georgiou, 55, moved back
nations most populous state. Their from these groups just when theres to suburban Maryland and now faces
evolution from clunky one-armed more talk about gambling reform, he a variety of civil and criminal charges
bandits to sophisticated video game says. Neither of the major parties are in Greece, including one that could
machines encouraged other states willing to countenance reform. put him in prison for life. This is
to adopt them in the early 1990s, as Seselja, the former gambling addict, beyond my wildest imagination, says
governments sought new sources of now gives antigambling talks in the Georgiou, who says he feels at times
revenue in the wake of a recession. same clubs where she sometimes as if hes living in a Kafka novel. This
Some 200,000 slot machines later, lost her monthly salary in a couple would be funny if it werent so tragic.
pokies are the biggest driver of the of hours. She agrees the industry has After arriving in Greece, Georgiou
gambling industry. too much sway and says the govern- quickly realized that entrenched forces
About 1 in 6 Australians who ment has an obligation to act, as it were aligned against him. Within
Global Economics

Georgiou lives
in suburban
Maryland. Hes
appealing a
criminal slander
conviction in
Greece.

months he discovered his e-mail The political furor that followed plight and improve his image in Greece,
had been hacked after a member of left Georgiou, who has a black belt in where he is portrayed as an unyielding,
the board that oversaw the statistics jiujitsu, fearing for his life. One critic politically naive statistician.
office, known by its acronym, Elstat, publicly suggested he be hanged. Truman first took an interest in
showed him a copy of a message hed Protesters broke into his office build- Georgiou after noticing they both
written. Although that board was later ing. Accusations that Georgiou pur- were Amherst College alums. Robert
26 replaced, its members were especially posefully inflated the numbers led to a Kyle, the husband of one of Georgious
upset, Georgiou says, that they didnt series of criminal investigations. Amherst classmates, is also part of the
get to vote on the stats before he Georgiou is fighting an array of group. A partner at the Hogan Lovells
released them. I told the staff that we cases, including several that pros- law firm and a former White House
are going to draw a line in the sand, he ecutors dropped, only to be reinstated staffer under President Bill Clinton,
says. I dont care what you did before. after outcries by politicians and the Kyle is serving as Georgious pro bono
We are going to go by the book. media. One editorial referred to him as U.S. lawyer. Nicolas Vron, a French
Georgiou uncovered lots of prob- the executioner of the Greek people. economist, does much of the EU side of
lems: Payment obligations werent In June, Georgiou was convicted of the campaign. A man refuses to partic-
being counted; social security criminal slander for calling Greeces ipate in cooking the books and paid a
payouts were being improperly calcu- previous statistics fraudulent and very heavy personal price, Vron says.
lated; interest on government bonds given a one-year suspended sentence. Georgious friends are reaching out to
had been misstated. He required His appeal is slated for Oct. 31. He former colleagues at the Fed, the White
17 government-owned entities, includ- also faces a related civil slander suit, House, and the IMF in hopes of getting
ing railways, bus companies, and the as well as two other criminal cases. the U.S. to pressure Greece to stop its
state-run TV network, all of which One, for complicity against the state, persecution of Georgiou and recognize
were losing money, to be put on the could carry a life sentence. the legitimacy of his stats. As difficult
books. That alone added 18.2 billion Hes represented by two lawyers in as the last six years have been, he
($20 billion) to Greeces debt. Greece, but Georgiou does much of takes pride in the work he didsetting
Eventually, Georgiou restated the work on his defense himself to save numbers that Greeces creditors have
PHOTOGRAPH BY JARED SOARES FOR BLOOMBERG BUSINESSWEEK

Greeces 2009 budget deficit to money. A crowdfunding website set up relied on to give the country almost
15.4 percent of gross domestic product, by a group of international statisticians 300 billion in bailout funds. I can tell
1.8 percentage points higher than the has raised more than 8,000 on his you that I dont regret anything, not
ratio the country used in negotiating behalf. A second fund has raised about one iota of what I have done, he says.
its first bailout with the European $17,000. A single father of a 6-year-old I am actually quite happy, because I
Union and the IMF. Politicians claimed daughter, Georgiou is looking for con- helped my country. Robert Schmidt
Georgiou had inflated Greeces deficit sulting work but has no full-time job.
The bottom line The former head of Greeces
so creditors could impose tougher He is depressed, says Edwin Truman, economic statistics agency faces criminal charges
austerity measures such as pension a former Federal Reserve and Treasury for the work he did rectifying its public accounting.
cuts and tax increases. Georgiou says Department official, who is part of an
the EUs statistical arm consistently ad hoc group of friends of Georgiou
Edited by Matthew Philips
endorsed his numbers, after years of who are mounting an international and Christopher Power
calling into question Greeces stats. lobbying effort to raise awareness of his Bloomberg.com
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Companies/
Chow down now Litigation tourism
groceries are has a new home:
cheap 30 St. Louis 31

Industries Adidass rebirth of


cool 32

October 3 October 9, 2016

Welcome to Pride Night

29

Pro sports leagues y the rainbow ag, hoping to cultivate a new market
It totally makes sense that teams are being more proactive
A rainbow flag unfurled during the community to throw first pitches or Washington Redskins. Just two years
national anthem at a D.C. United participate in coin tosses, handing out ago, such gestures were rare.
soccer match in August was a signal to commemorative merchandise, and With respect to the LGBT com-
Robert York that the team was throw- donating a portion of ticket sales to munity and where society is today,
ing out the welcome mat to people LGBT causes. it totally makes sense that teams are
like him. It was a powerful symbol, From the NBA standpoint, this is a being more proactive and reaching
says York, a lifelong soccer fan whos core value and a core strategy of how out, says Jessica Berman, vice pres-
gay. Its about the fact that love wins we are running our business and ulti- ident for special projects and corpo-
overall, more so after what happened mately growing the game, says Oris rate social responsibility at the NHL.
in Orlando, he says of the June 12 Stuart, the NBAs chief diversity and At least half of all NHL teams will host
shooting at Pulse nightclub that inclusion officer. More teams will be LGBT nights as part of a diversity week
PHOTO ILLUSTRATION BY 731; PHOTO: GETTY IMAGES

killed 49 people. hosting such events in the coming in late February. The league partnered
Professional U.S. sports leagues, long season, he says. The NBAs Orlando in 2013 with the group You Can Play,
seen as a bastion of homophobia, are Magic will honor the victims of the which promotes LGBT sports participa-
increasingly sending the message that Pulse shooting at their home opener tion, and in the 2015-16 season, Berman
lesbian, gay, bisexual, and transgen- on Oct. 26 and are planning a pride says, nine teams hosted pride nights.
der fans are welcome at the ballpark. night for later in the season. The The efforts are a positive change from
So far this year, about three dozen pro- Detroit Regional LGBT Chamber of the past, says former baseball outfielder
fessional baseball, soccer, and womens Commerce will host its second pride Billy Bean, who retired from playing
basketball teams have hosted pride event, on Oct. 23 at Detroits Ford Field, in 1995 and came out as gay in 1999.
nights, inviting members of the LGBT when the NFLs Detroit Lions play the Sometimes doing the right thing is
Companies/Industries

not the easy thing, but Im still in awe which held its first such event in 2012. says. The number of stadiums and
of the progress weve made, he says. A lot of our fans are from the LGBT fields that havent yet hosted a pride
If there was a pride night when I ran community, so were recognizing and night outnumber those that have.
onto a big league field, if I had seen that, celebrating that, she says. Each of Pride nights are amazing and impor-
it might have changed my whole life. the dozen WNBA teams hosted pride tant and powerful, but they are only
MLB hired Bean in July 2014 to serve nights during the 2016 season. one game out of a season, Taylor
as its first ambassador of inclusion. As The leagues outreach has met with says. His group encourages venues
part of the job, he travels across the some predictable hostility. The com- to institute fan codes of conduct that
country educating teams about the ments posted to videos produced for prohibit homophobic slurs and ensure
LGBT community and attends pride pride events are filled with homopho- the facilities also are welcoming to
events at ballparks. In 2016 he visited bic slurs and insults. Similar messages transgender visitors.
the Tampa Bay Rays Tropicana are shared on social media. Out on JoAnn Neale, Major League Soccers
Field shortly after the Orlando the Fields, a survey of 2,064 lesbian, chief administrative officer, says her
shooting, as well as Wrigley Field, gay, bisexual, and straight Americans leagues goal is to create what she calls
home of the Chicago Cubs, and the conducted on behalf of an interna- a safe place for everyone, fans and
Toronto Blue Jays Rogers Centre, tional coalition of LGBT sporting athletes alike, by not tolerating any dis-
among others. groups in partnership with Australias crimination at the stadium. MLS rules
LGBT fans have almost $1 tril- government, found that homopho- prohibit homophobic slurs. D.C. United
lion in purchasing power, accord- bia is more prevalent in sports than fan York believes LGBT viewers will
ing to an annual survey by Witeck in society at large. The problem respond positively to the leagues
Communications, a consulting firm prompted former NFL player Wade efforts. Almost 900 gay fans and their
that focuses on the gay-and-lesbian Davis, together with a researcher at supporters, waving rainbow-colored
market. Sports teams depend on fan the University of Albertas Institute for scarves made for the D.C. United
lifeblood, and a growing share of LGBT Sexual Minority Studies and Services, pride event, cheered the team on at
total spending means more money to to create the website NoHomophobes RFK Stadium. The Gay Mens Chorus
fill seats, buy swag, and cheer them- .com to track homophobic slurs on of Washington DC sang the national
selves hoarse, says founder Bob Twitter in real time. Davis, who came anthem. Says York: It was a great night
Witeck. Sports marketers cant ignore out in 2012, years after he retired from for sports and for visibility for LGBT
30 this option, he says. the NFL, says the sites data show an sports fans. Jeff Green
Ticket sales at a pride night hosted increase of homophobic posts during
The bottom line Pro sports leagues are hosting
by the WNBAs New York Liberty in sporting events. pride nights to welcome LGBT fans and tap into
June were about 7 percent above the Were trying to get it to the point their purchasing power.
teams average, says Kristin Bernert, where every team does an LGBT event
senior vice president for business and either at a game or elsewhere, says
basketball operations for the team, Davis, whos also executive director of
You Can Play. The NFL
has granted Daviss group Retailing
funds to stage four to five
LGBT events this season.
This Deation Has
To keep the pres- Grocers Fed Up
sure on sporting arenas,
Athlete Ally, an advocacy
 Competition creates a bargain
group whose mission
bonanza in the food aisles
is to end homopho-
bia in sports, is devel-  It starts to border on irrational
oping tolerance ratings pricing
for 127 venues based on
several factors, including Call it the Great Grocery Store Giveaway
whether the stadium has of 2016. In Austin, Randalls supermar-
held a pride night and kets slashed prices for boneless beef
if it makes accommo- ribs by 40 percent, to $3.99 a pound.
FROM LEFT: GETTY IMAGES; ILLUSTRATIONS BY 731

dations for transgender Not to be outdone, rival H-E-B charged


people. The reality is $1-a-pound less. During grilling season,
that fans travel for their Albertsons advertised buy-one-get-
team and they will want one-free specials on USDA choice petite
to know if a venue is wel- sirloin steaka deal you dont normally
coming to them, says see on finer cuts of meat.
founder Hudson Taylor. Still, such bargains pale compared
Despite the efforts, with what a dollar and change can buy
pro sports still arent at grocery stores these days. In North
seen as inclusive, he Bergen, N.J., you can pick up a dozen
Fans keep track of strikeouts at a San Francisco
Giants LGBT night last year
Groceries Companies/Industries
Get
Cheaper
eggs at Walmart for $1.14. A mile away dont even notice the falling prices.
at Aldi, the Germany-based discounter, Year-over-year change in prices The other thing thats always hard
shoppers can actually break the buck: of food at home 8% is getting your message out, because
12 eggs for 99. A year ago, theyd have its fascinatingin our research, most
paid three times as much, on average. 4% people are saying their basket of goods
In a development almost unheard costs more money, McMullen said on a
of outside a recession, food prices 0 call with analysts in September. A pos-
have been below year-earlier levels sible reason for his lament: Food on
for nine straight months in the U.S. -4% average makes up only about 15 percent
The longest stretch of
through August. Its the longest streak price drops since right of a consumers budget. Except for gas
of declines since 1960, with the excep- after the recession -8% and other energy-related items, prices
tion of a period following the Great 8/2008 8/2016 for most other goods are going up, if
Recession. Analysts credit low oil only modestly.
and grain prices, as well as cutthroat Price change, from August 2015 At the same time, restaurant food
competition between supermarkets to August 2016 isnt getting cheaper. That can make for
and discounters.
The severity of what were seeing is
completely unprecedented, says Scott
Eggs -37.9% some strange contrasts: In Chicago a
pound of Dunkin Donuts coffee sells for
$4.99 at a Jewel-Osco store, less than
Mushkin, an analyst at Wolfe Research
whos studied grocery prices for more
than a decade. Weve never seen defla-
Beef and veal -7% the cost of a venti pumpkin spice frap-
puccino at Starbucks. Albertsons owns
Jewel-Osco, as well as Randalls, home of
tion this sharp.
At first, falling prices helped grocers.
Slumps in global commodities markets
Milk -4.9% the cheap Texas ribs. Fast-food chains
also have recently blamed cheaper gro-
ceries for stealing customers.
pushed down the cost for many meats
and packaged foods, initially boosting
grocers profits. But deflation has since
Coffee -3.8% Still, some consumers arent biting.
Elena Rosa, a 63-year-old retired health
aide, was blas when she steered her
turned ugly for the industry, with some
retailers pushing steep discounts to lure
more customers into their aisles. The
Apples +10.3% shopping cart past the refrigerator case
at Aldi in North Bergen. She paused,
noting the dozen eggs for less than
31
DATA: BUREAU OF LABOR STATISTICS
price war, led by Walmart, the nations $1Thats a good price, she said
largest seller of groceries, has resulted stopped by a Walmart supercenter in before moving on without buying.
in bargains for shoppers while squeez- Secaucus, N.J., to pick up turtle food Craig Giammona, with Lauren Etter
ing stores profits. and paper towels.
The bottom line Food prices in the U.S. have been
It starts to border on irrational Sinclair typically buys groceries at below year-earlier levels for nine straight months.
pricing, says Jennifer Bartashus, an his local ShopRite supermarket but The price cuts have been bad for retailers prots.
analyst at Bloomberg Intelligence. has recently noticed the steals avail-
People are lowering prices just to able at discounters. He glanced at the
draw traffic, without thinking about meat case, where a 12-pack of angus-
their margins. steak burgers fetched $15.82 and grass-
Supermarkets are facing competi- fed ground beef could be had for $4.96 Product Liability
tion not just from Walmart and Aldi but a pound. Sinclair was intrigued, but
also dollar stores and online retailer with the classic logic of a shopper in an
Plaintiffs Lawyers
Amazon.com. It could get worse. Lidl, age of deflation, he figured he might ySt. Louis
one of Aldis rival food discounters in find even lower prices elsewhere. Along
Germany, is building three distribution with two Walmarts, a Target, and an
 The citys circuit court is known
centers on the East Coast and plans to Aldi, the area has a Family Dollar store
for fast trials and big awards
open U.S. stores by 2018. Even Whole that features a small refrigerated food
Foods Market, dogged by a reputation section. Says Sinclair: Wherever I find  Litigation touriststhink the
for being expensive, has been trying to the good dealsthats where Im at. court will treat them favorably
compete more on price through digital In recent years, Kroger, the largest
coupons and promotions on items such grocery chain in the U.S. with almost Deborah Giannecchini began using
as beer and produce. 2,800 stores, cut prices to compete with Johnson & Johnsons baby powder
Mushkin of Wolfe Research recently Walmart and managed to increase its for feminine hygiene as a teenager
found that prices of a typical basket of market share and sales. But deflation in California in 1967 and continued
grocery items in Houston had fallen has been hard on the company. Its stock for 45 years until she was diagnosed
almost 5 percent in the past year. He has lost more than a quarter of its value with ovarian cancer. Giannecchini,
credits in part the discerning behav- this year as sales growth has slowed who lives in Modesto, Calif., used the
ior of shoppers such as Manny Sinclair because of price cuts. Chief Executive product only in that state. When her
for the declines. On a weekday lunch Officer Rodney McMullen has expressed lawyers filed a lawsuit against J&J, a
break, the 43-year-old contractor frustration that many customers New Jersey-based company, they
Companies/Industries

did so in a state court in St. Louis. Monsanto alleging a link between PCBs spurred passage of a bill in the state
Hundreds of plaintiffs with product and non-Hodgkin lymphoma. In May to alter rules on expert evidence.
liability claims against J&J, Bayer, a jury awarded the plaintiffs in the suit Missouris governor vetoed the bill, but
Pfizer, General Motors, and other $46.5 million. Cases in Missouri are a renewed push is planned. The efforts
big companies have been flocking to more likely than those in many other may eventually succeed but will just
downtown St. Louis to a venue that jurisdictions to avoid pretrial dismiss- shift the cases to another jurisdiction,
over the past three years has devel- als, and the states appellate courts tend Tobias says: It will get tightened up,
oped a reputa- to uphold verdicts, says Houston plain- and plaintiffs lawyers will move on.

$174
tion for fast trials, tiffs lawyer Tommy Fibich. Margaret Cronin Fisk, with Tim Bross
favorable rulings, The jury pool in the city is also a
The bottom line A circuit court in St. Louis has
and big awards. draw, says Merrie Jo Pitera, chief execu- drawn hundreds of out-of-state plaintiffs with
million Traditionally, tive officer of Litigation Insights, a jury product liability claims against big companies.
Giannecchinis consulting firm in Overland Park, Kan.,
claim would that works with big defendants. Liberal
Combined value of
three of the top six have been sent jurors are more sympathetic to plain-
U.S. product defect to federal court tiffs, and, she says, citizens of the city
verdicts this year from
or filed in a local are more likely to be liberal. Apparel
cases heard in St.
court in a jurisdic- Winning a trial in state court in
Louiss circuit court
tion where she or Missouri requires the support of 9 of
How Adidas Got Back
the defendant lives. Giannecchini and 12 jurors; in federal court, the verdict In the Game
other plaintiffs are taking advantage has to be unanimous. The rules for
of a quirk in Missouri law that allows submitting evidence are looser, too,
 Younger players, music producers,
d
out-of-state plaintiffs to combine their with judges allowing expert testimony
and fast fashion are pay g off
ying
claims with those of local residents. As that wouldnt be accepted in federal
long as one plaintiff in the suit resides courts, says attorney Victor Schwartz,  Its really millennials fu
ueling
in St. Louis and another in the home general counsel of the American Tort this resurgence
state of the defendant, dozens of cases Reform Association. These plaintiffs
with similar claims can be combined are litigation tourists, says Schwartz, When Angelique Kerber wo on the
32 before one Missouri judge. who isnt involved in any cases in U.S. Open in September to bring the
Metropolitan St. Louis has two circuit St. Louis. They have no connection womens tennis title to Germany, y she
courts. One is in the city; the other, with the city but think the court will was decked out head-to-toe e in gear byy
in Clayton, Mo., handles countywide treat them favorably. Adidas. NFL wide receiver DeAndre
e d e
cases. The city court, with 18 general Plaintiffs face some restrictions. Hopkins kicked off the Hou uston Texans
trial judges and 13 courtrooms, handles The cases cant include more than season wearing cleats desiggned by y
more than 300 jury trials annually. 99 claims. Those with more must go to rapper Kanye West, part off Adidass
So far this year, three of the top six federal court. Yet the number of filings nd hip-hop
strategy of mixing sports an
product defect verdicts in the U.S., and trials will continue to rise as news culture thats resonating wiith kids.
totaling $173.5 million, have come out of of favorable verdicts spreads, Pitera Even celebrities such as Kattie Holmes
o
the St. Louis court. Two of those were says. There have always been litigation and Kristen Stewart lately have
h been
against J&J over an alleged link between hot spots, she says. If theres a good seen sporting Adidass backk-to-basics
talc and ovarian cancer. (Its appealed verdict, people start flocking there. Stan Smith tennis sneakers,, which
the decisions.) The third was against Other plaintiff havens have included some fashionistas have take en to
o
Monsanto over allegations it dumped Southern Illinois and certain coun- mixing with couture wear.
polychlorinated biphenyls (PCBs) into ties in Texas. Carl Tobias, a law pro-
waterways that got into food supplies. fessor at the University of Richmond,
One suit against Pfizer, scheduled to says venues that acquire a reputation Walk This Way
go to trial next April, claims the com- for being plaintiff-friendly are often Adidas annual revenue
panys Lipitor medication caused tate legislatures.
reined in by state legislatures He
Maay 1986 March 2001
a woman to develop diabetes. GM, predicts lobby yists will try
y Ru
Run D.M.C. releases My Herbert Hainer
named in thousands of claims nation- to get laws passsed Ad
didas, an ode to their becomes CEO
wide and hundreds in St. Louis related in Missouri lim mit-- fa
avorite shoe
to its faulty ignition switches, will face ing the ability
September 1997
three trials in the city court next year. of out-of- April 1993 Adidas buys French
The cases are heard more quickly state plain- Robert Louis-Dreyfus ski maker Salomon for
and more fairly in the St. Louis court, tiffs to join a takes over as chairman $1.4b, adding in-line
and CEO skates to its catalog
plaintiffs lawyers say, giving their case. Businesss
clients a better chance of winning. groups, includ- d- November 1995
The city has more judges, its a bigger ing the U.S.
GETTY IMAGES (4)

IPO!
venue, and you go to trial quicker, Chamber of
says Steve Kherkher, a plaintiffs attor- Commerce,
ney who brought the case against recently 1993
19
Companies/Industries

If a giant hurricane comes tomor- Now its 31 flavors at Baskin-Robbins. of Stan Smiths and Superstars will add
row and wipes out Herzo, the one thing Adidas leapfrogged Under Armour to Adidass bouncy Boost running sole
people are going to miss most are our become the second-best-selling sports usually found on its most serious ath-
products, says Eric Liedtke, Adidass footwear maker in the U.S. this year letic shoesto help keep interest high
executive board member responsible through September, Schwartz says, in the retro-inspired models.
for global brands, using company short- though its share is still about a ninth Adidas has also rethought its spon-
hand for Herzogenaurach, the Bavarian of leader Nikes. Adidas says it sold sorship policy, downplaying broad
enclave where the company is based. 8 million pairs of Stan Smiths glob- leaguewide tie-ins, such as the 11-year
Thats quite a turnabout for a ally last yearout of 50 million over NBA sponsorship deal that it ended
company whose stock was Germanys the past four decades. It also sold in 2015. In the past we couldnt own
worst-performing in 2014, after it 15 million pairs of Superstars, the white the runner, the basketball player,
abandoned its sales forecast and low-rise basketball shoes immortalized the soccer player, Liedtke says.
scrapped long-standing profit goals. by Kareem Abdul-Jabbar in the 1970s Nowadays, Adidas backs individ-
Yet today, thanks to a recent embrace and transformed into hip-hop essen- ual players such as NBA star James
of e-commerce, strong demand for tials by rappers Run D.M.C. in the 80s. Harden and European soccers Paul
celebrity-themed gear, and a revival They are gaining market share at the Pogba, who are more likely to connect
of interest in retro-style shoes, Adidas expense of Nike, says Cdric Rossi, with kids. Its the player behind the
is red hot: Its stock has more than an analyst at investment bank Bryan, club whos influencing the younger
doubled in the past 12 months, and its Garnier, who notes Adidass currency- generation, says John Guy, an analyst
gaining ground on Nike and Under adjusted sales grew at double Nikes at brokerage MainFirst.
Armour in the crucial U U.S. market. pace in the spring quarter. As part of its push to react faster,
A management reorga anization has Chief Executive Officer Herbert Adidas in September introduced a
l divisions
let d ship
h new sttyles and colors Hainer, who retires on Sept. 30, has white woven running shoe called
to retailers more often f n, bringing the over the past few years decentralized Futurecraft, knitted by robots in a
latest
a variants
a a of the cclassic Stan the companys marketing, advertis- new factory in Germany. (Most sneak-
Smiths, flashier
S fl Kany ye-designed ing, and research and development. ers are made in Asia and then trans-
Y y Boost shoes,
Yeezy h andd running shoe- In soccer, a flagship sport associated ported by sea, a lengthy process.) A
inspired
p NMDs to marrket much faster. with Adidas since the 1950s, general second so-called SpeedFactory will
Adidas
d d updated d d the h N NMD (it stands manager Markus Baumann says he open in Atlanta next year. Both facili- 33
ffor Nomad) three times in August now has more control over sales, ties will allow limited-run shoes to be
and d six times in Se eptember, design, and sponsorship budgets and produced more quickly and closer to
keeping young
k g custom- doesnt need to tap headquarters staff- key markets. Adidas also plans to test
ers clamoring g for the latest ers to get things done. in-store robots that can assemble shirts
stylesand
yl d th
heyre willing to Hainer is funneling marketing spend- to customers exact fit.
payy ffull price to snag g them before ing into six trend-setting cities: New The durability of Adidass fashion-
limited quantities disa appear from York, Los Angeles, London, Paris, driven comeback is still unclear. Two-
store shelves.. Tokyo, and Shanghai. Hes also con- thirds of Adidass growth is coming
Its really millenn nials fueling this straining supply of hot shoes such as from its casual Originals and Neo
resurgence, says y NNeil Schwartz, the NMD to build buzz and amp up brands, rather than hard-core athletic
an analystly at SporrtsOneSource. demand. In the shoes, according to Citigroup. And
It used d to
o be
b Ad didas came out coming weeks, fashion can be fickle.
withh a sho
hoe and they for example, Moreover, North America accounted
had only
h y a few styles. new versions for only 2.4 percent of 2015 operat-
ing profit, well below its 16 percent
C
Clines
Cl
li
lin
in
nes P
Phoebe
hoe
oeb
beePPh
Philo
hiilo portion of company sales, according to
wearing
weearinng S
Stan
ta
an Sm
Smi
Smiths,
mit
itths,
hss, February 2015
which
w hic
c helped
ch help
he ped s
spar
spark
par
ark a an
n Kanye West releases Bloomberg Industries. And Adidas lags
interest in the shoe in the rst Yeezy far behind rival Nike in profitability.
runway fashion Boost shoe
Says Ingo Speich, portfolio manager at
January 2006 November 2010 October 2016 Frankfurts Union Investment: Nikes
Adidas closes its $12b Adidas unveils Route Kasper Rorsted
2015, a set of sales
margin is nearly twice as much. Thats
acquisition of Reebok will become CEO
and protability goals it not yet solved. Adidas officials hope
proves unable to meet $24b that getting new styles to market while
theyre hot and high-priced can help
narrow that gap. Aaron Ricadela

$12b The bottom line Adidas has aggressively added


Forecast celebrity and fashion-oriented styles. Thats led to
a 100 percent rise in its share price in 12 months.

0 Edited by James E. Ellis and


Dimitra Kessenides
2017 Bloomberg.com
Would mark the
biggest sales gain
since 2011
Our broker at First Republic knows us and
understands us and that is extremely valuable.
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Politics/
A Lone Star faceoff Acela is ready to be
over voter IDs 36 fast-tracked, but not
everyones aboard 37

Policy Kalamazoo aims


for less taxes, more
endowment 39

October 3 October 9, 2016

Chillary Clinton 35
AP PHOTO (3); BLOOMBERG (1); GETTY IMAGES (3); NEW YORK TIMES/REDUX (2); REUTERS (3)

The Democratic nominee faces an enthusiasm gap with millennials


Are we where we want to be? Not precisely
Politics/Policy

When Hillary Clinton decided to run electorate, with just under 70 million trail for Clinton, appearing with her at
for president, she faced a critical stra- in each group, according to the Pew a rally in Durham, N.H., on Sept. 28. I
tegic choice. Should she tailor her Research Center. She put her headquar- am asking you here today not only to
message to the predominantly white ters in Brooklyn, invited Girls creator vote for Secretary Clinton but to work
working-class Americans who twice Lena Dunham and singer Katy Perry hard to get your uncles and your aunts,
helped elect her husbandand sup- to be surrogates, and printed up ironic to get your friends, to vote, he said.
ported her in the 2008 Democratic T-shirtsincluding a bright-yellow one This election is enormously impor-
primaries over Barack Obama? that read Yaaas, Hillary! over a black- tant for the future of our country. It is
Or should she try to piggyback on and-white yearbook headshot. Clinton imperative that we elect Hillary Clinton
Obamas coalition of minorities, single has also invited supporters to complain as our next president.
women, and millennials? about their college debt on Twitter The close national polls may help
Clinton chose the latter track. Its using emojis and has appeared with Sanders and other surrogates impress
worked, up to a point: Polls have con- Zach Galifianakis on the Funny or Die on young people that their vote could
sistently shown shes crushing Donald web show Between Two Ferns. Yet all this influence the outcome of the race, says
Trump among black voters, Latinos, synthetic hipness has failed to produce former Sanders strategist Tad Devine,
and suburban women. But she hasnt the real thing. Are we where we want who worked on Al Gores 2000 cam-
managed to attract the overwhelming to be? Not precisely, says campaign paign. That year, Devine says, younger
support among young people that strategist Joel Benenson. But were voters told pollsters they were plan-
powered Obamas victories in 2008 confident well get there. ning to support Ralph Nader, who was
and 2012. Its not that they wont Most of the voters Clinton is trying to running on the Green Party line. Many
vote, because they turned out in large reach are too young to remember when of them, particularly in places we went
numbers for Clintons Democratic she and Bill Clinton were the insurgents out and made an aggressive case not to
primary challenger Bernie Sanders. who took over the Democratic Party do that, left Nader, says Devine.
Its that, with less than six weeks to go in 1992 with their mix of centrism and Naders support dropped significantly
until Election Day, they havent gotten Fleetwood Mac. Their expectations for in the last few days before the vote,
excited about Clinton. politicians have been shaped under Devine says. He wound up winning
In Ohio, Clinton leads comfort- Obama. Barack Obama is probably 2.7 percent of the popular vote nation-
ably among likely voters under 35 the coolest president were going to ally. Naders presence on the ballot in
36 who are asked have, maybe in my lifetime, says Steve Florida, where he took just 1.6 percent

70
to pick between Schale, who managed Obamas 2008 of the vote, nevertheless cost Gore the
her and Trump, campaign in Florida. Its impossible to presidency. Says Devine: Thatll weigh
according to a replicate that moment. very heavily on them. Sahil Kapur,
million Bloomberg Politics Polls suggest the main reason young with Joshua Green and Ben Brody
poll released on voters are so hesitant about Clinton is
The bottom line With only weeks to Election
Sept. 26, before that they dont trust her. Of likely voters Day, Clinton is trying to lure millennials away from
Number of U.S. voters the first presiden- age 18-34, 77 percent dont think Clinton third-party candidates.
under 35, the same tial debate. When is honest, the highest of any age group,
share of the electorate third-party candi- according to a Sept. 14 Quinnipiac
as baby boomers
dates are included, University poll. Her approval rating
however, Clintons among voters under 30 is 33 percent,
support among millennials tumbles according to a Sept. 11 Gallup poll. Voting Rights
13 percentage points, while Trumps In response, Clinton dispensed with
drops only 3 points. About 22 percent the tweets and memes and went to
A Texas Election Official
of voters under 35 say theyll choose Temple University in Philadelphia to Talks Like a Sheriff
Libertarian Gary Johnson. talk to millennials directly. Her Sept. 19
The survey found a similar dynamic speech covered college costs, climate
 Civil rights groups fear threats of
repeated nationally, with Trump change, LGBT equality, and racial
charges will scare voters away
narrowly leading among millen- justice. It also included a rare acknowl-
PHOTO ILLUSTRATION BY BRAULIO AMADO; CHESNOT/GETTY IMAGES

nials and Clinton losing 20 percent edgment of weakness: I also know that  We have every reason to be very,
of her support when Johnson and even if youre totally opposed to Donald very concerned
Green Party nominee Jill Stein are Trump you may still have some ques-
included. The trouble for Clinton, says tions about me. I get that. And I want to Texas officials have spent years in
Democratic pollster Andrew Baumann, do my best to answer those questions. court fighting to keep their states
is that her campaign hasnt given The campaign is sending organizers controversial 2011 voter-ID law alive.
young people enough reason to vote to college campuses to register voters The law, one of the toughest in the
for her rather than any of the other and try to get them excited about U.S., requires Texans to show some
non-Trump candidates: She needs to Clinton. Its specifically targeting form of government-issued identifi-
be making the case of why shes good. people who supported Sanders in the cation at their polling place. Under a
From the start, Clinton has made primary, says Christopher Huntley, court-approved August compromise
efforts to attract millennials, who Clintons director of millennial media. with the Department of Justice, Texas
match baby boomers as a share of the Sanders has also hit the campaign must allow voters who show up without
Politics/Policy

a drivers license or other photo ID to by Justin Levitt, a office has filed an appeal to the U.S.
sign a sworn affidavit stating that theyd professor at Loyola Supreme Court asking for a new review
encountered an impediment to obtain- Law School whos after the Nov. 8 presidential election.
ing the required documents before now a deputy assis- In August, the DOJ sued Harris
Election Day. tant attorney general in County on allegations that polling
On Sept. 20, the the DOJs civil rights divi- places used in a May special election
federal district judge sion, found 31 instances of violated the Americans With Disabilities
who oversaw the possible voter impersonation Act because they lacked accessible
August agreement out of 1 billion ballots cast over facilities. The county has filed for
denied a plea from 14 years. One is more likely dismissal. We dont think that theres
the NAACP, the to see the tooth fairy any voters that cannot get into our
League of standing next to polling places, says Stanart.
United Latin Santa Claus at the voting He brushes off the legal tussles as
American Citizens, booth, says national NAACP routine election-year noise. Theres
and Dallas and Hidalgo coun- president Cornell William Brooks. always somebody out there complain-
ties claiming Harris County clerk Stan The real danger, Brooks argues, ing about something, he says. With
Stanart and Texas Attorney General is that Texas voters who dont have regard to the voter ID law, he adds: If
Ken Paxton were effectively intimidat- ID and are nervous about making someone is lying purposefully, dont
ing voters by publicly suggesting that a mistake by signing an affidavit you think that we have laws and we
people who filed affidavits could be including people whose drivers should uphold them? Josh Eidelson
criminally prosecuted if it turned out licenses have been lost or stolenmay
The bottom line Houstons top election clerk
theyd been issued drivers licenses or stay home. You have elected offi- threatens to go after voters who falsely claim they
other IDs in the past. If you sign that cials on the eve of this election openly dont have ID when they show up to polling places.
affidavit and you lie about not being expressing a commitment to suppress
able to get a photo ID, you can be the vote. You cant regard it as anything
prosecuted for perjury, Paxton told else, Brooks says. We have every
Fox News on Aug. 18. reason to be very, very concerned.
The judges ruling was a victory for The NAACP and other plaintiffs Mass Transit
Stanart, an active member of the state prevailed on a different aspect of
Republican Party whose campaign implementing the voter-ID law: the lan-
Connecticut Tells 37

website touts him as the proven con- guage Texas uses in its court-ordered Amtrak to Slow Down
servative leader. Harris County, which $2.5 million public-education cam-
covers Houston, is the biggest in Texas paign. The state had released mate-
 Plans for an Acela bypass north
and third-largest in the U.S., with a rials saying people could still vote if
of Stamford run into opposition
population the size of Kentucky. Early they cannot obtain and have not
voting in Texas starts on Oct. 24. obtained IDs, rather than using the  Its already had a negative effect
Stanart says hes already compared more permissive phrase cannot on house sales
lists of registered voters against state reasonably obtain included in the
drivers license records so that his staff August settlement. So the judge, Nelva Stamford, Conn., has become a hub
will be prepared to spot any affida- Gonzales Ramos, ordered Texas to for hedge funds in part because of
vits filed by people who should have change the language on its elections Amtraks Acela Express, which deliv-
had appropriate ID. If we suspect that website, posters, and press releases ers riders south to Manhattan in about
theyre doing it intentionally and doing with the updated 45 minutes. But a move to speed up
it for fraudulent purposes, Im going phrasing. The state service north to Boston is meeting
to be inclined to turn them over to the Quoted attorney generals fierce opposition in southeastern
DA, says Stanart, who worked in the
county tax office before he was elected
county clerk in 2010. We will have
chaos if we dont have people that are
willing to follow the law.
Texas isnt the only state dealing
with last-minute changes in how
He told me thatits
voter-ID laws can be implemented.
Over the summer, federal judges
the present that really
overturned North Carolinas ID
requirement and decreed that
Wisconsin accept expired student
belongs to the young.
A statement by President Obama mourning the Sept. 28 death of former
IDs, as well as expedite IDs for voters Israeli President Shimon Peres, at 93
whove had difficulty acquiring them.
Civil rights advocates say the threat
of fraud is overblown. A 2014 analysis
Politics/Policy

Connecticut, where the Federal Dallas and Houston, has yet to raise the with the right of way we have today,
Railroad Administration wants to $12 billion in private investment needed says Jim Cameron, founder of the
reroute the express trains through his- to cover estimated construction costs. Commuter Action Group, which rep-
toric towns such as Old Lyme and New In Florida, where Republican Governor resents rail riders in the New York City
London, potentially endangering their Rick Scott refused $2.5 billion in federal suburbs. This train is like a Ferrari
quaint downtowns. At a hearing on rail money in 2011, a would-be private driving on a dirt path.
Aug. 31, Democratic Senator Richard operator has struggled to sell bonds for In Stamford, whose railroad station
Blumenthal threatened to tie himself Orlando-to-Miami service. draws Amtrak riders from Greenwich,
to the tracks to block construction. Amtrak announced on Aug. 26 that New Canaan, Westport, and other
Nobodys against bigger, faster, more its taking out a $2.5 billion federal wealthy enclaves, the population has
efficient rail, says Carl Fortuna Jr., the loan, the largest in the history of the grown 8 percent, to 129,000, in the
first selectman of Old Saybrook, where U.S. Department of Transportation, past five years, according to Thomas
the bypass would begin. Were happy to pay for 28 trains designed to go as Madden, the citys director of eco-
to help support your goal here. But not fast as 186 mph. Amtrak is taking the nomic development. Commercial
the way youre drafting it. necessary actions to keep our cus- space and 8,000 apartments are under
High-speed rail has lagged in the U.S., tomers, the Northeast region, and the construction at a cost of $6 billion.
where the fastest train is the Acela. It American economy moving forward, It really does help the Fortune 500
runs at a maximum of 150 mph, but Joe Boardman, the then-Amtrak chief, companies, and the other compa-
only in some areas along its 457-mile told reporters in Wilmington, Del., nies, to serve the businesses on the
route between Washington and Boston. when he and Vice President Joe Biden Northeast Corridor, Madden says.
Magnetic-levitation trains in Shanghai announced the deal. In Old Lyme, about 1 in 4 residents
rocket along at 270 mph, and a next- The first of those trains is expected signed a petition objecting to an early
generation system tested in Japan last to go into service by 2021, but it will design for the bypass that included ele-
year reached a world-record 375 mph. need more straightaways and a clear vated tracks through the downtown,
Californias plan to build a 220-mph right of way to sustain top speeds along which served as a backdrop for the
bullet train between Los Angeles and the Northeast Corridor, which runs 19th century American impression-
San Francisco is running years behind through some of the nations densest ist movement. That design has been
schedule, and total estimated construc- population centers. Even current Acela scrapped, says Matthew Lehner, a rail-
38 tion costs have doubled from the orig- trains could go faster if new tracks like road administration spokesman: If
inal $33 billion. Texas Central Railway, the one proposed in Connecticut are the final blueprint includes the bypass
which would use Japanese technol- built. Theres no way you could ever in that area, it would not be an aerial
ogy to run trains at 200 mph between achieve high-speed, world-class service structure through the historic district.

Fast-Train Blues Bostons South


Station is under
A proposal to add study for additional
30 miles of track tracks, platforms,
between New Boston and train storage
Rochelle, N.Y., and
Westport, Conn., would
relieve congestion on
lines used by regional Rerouting trains
and commuter trains New London/Mystic

FROM LEFT: PETER HVIZDAK/THE IMAGE WORKS; MARK BUGNASKI/KALAMAZOO GAZETTE/AP PHOTO
through Old Lyme,
Conn., would reduce
The two-track curves and move
Susquehanna River the Acela out of the
Rail Bridge creates a New London coastal ood zone
bottleneck between
Baltimore and
Wilmington, Del.
New York

All New York-New


Jersey passenger
train traffic must
Philadelphia pass along two
tracks that run
through a century-old
tunnel underneath
Baltimore the Hudson River

Sharp curves and


frequent ooding slow
train traffic through
Washington, D.C. a 1.4-mile tunnel built
beneath Baltimore just
after the Civil War

DATA: NEC FUTURE, NORTHEAST CORRIDOR COMMISSION


We have more
Politics/Policy
strings attached to
the dollars we
Lehner says federal officials will make property taxes effective receive from the
state and federal
their recommendations later this year. in 2017. The city com- government than
Designers are considering a mission is expected this will ever have.
tunnel instead, according to Bonnie to approve the tax cut Kalamazoo Mayor
Bobby Hopewell
Reemsnyder, Old Lymes first select- in October. Hopewell
woman. Even with a tunnel, you says hes hoping the
have venting, and that has to come out endowment setup will
somewhere. And you have vibrations, enable the city to keep cutting taxes
she says. Its already had a negative while improving services, which
effect on house sales. A line on the would attract residents and invest-
map already has done this community ments, further bolstering municipal
damage. Elise Young finances. To me, this is another pot of
revenue, says Hopewell, a Democrat
The bottom line Residents along the Washington-
Boston Acela line object to rail construction that in his fifth two-year term. We have
would speed up service to 186 mph by 2021. more strings attached to the dollars
we receive from the state and federal
government than this will ever have.
Parfet and Johnston didnt respond to
requests for comment. the elimination of about 120 city jobs
Public Finance Kalamazoos budget woes are, over the past five years. Revenue has
in fact, the creation of the state. In continued to decline even though the
Another Way to recent decades, Michigan has kept unemployment rate has fallen below
Tap the 1 Percent an increased share of the revenue 5 percent and home prices are rising
it receives from municipal taxes more than 5 percent per year.
while prohibiting cities from raising Without the cash transfusion, the
 Instead of tax hikes, Kalamazoo
property-tax assessments faster than city would face a projected annual
is asking the rich for donations
the rate of inflation, according to $5 million gap starting in 2017.
 Anything any city could have Richard Murphy, a program coordi- Anything any city could have done to
done to lower its costs, we did nator with the Michigan Municipal lower its costs, we did, says Hannah 39
League, a nonprofit advocacy group. Apps, a former mayor who teaches
Earlier this year, staring ahead at years Property assessments fell drasti- economics at Kalamazoo College. We
of deficits, the city of Kalamazoo, cally after the financial crisis in 2008 gutted our economic-development
Mich., formed a committee to conjure and have yet to recover, which is one programs. We gutted rental inspec-
up solutions. The resulting recom- reason so many cities in the state tions. And it was beginning to show.
mendations were standard fare: Make have been taken over by governor- The concern, Apps says, is that the
further cuts to city services, impose appointed emergency managers. foundations benefactors may have dif-
an income tax, or do a bit of both. Public-private partnerships devoted ferent priorities than many city res-
Then Mayor Bobby Hopewell, on a to specific causes, such as maintain- idents. If its a question between
lark, introduced a third optionask the ing historic landmarks, are common a policy to rebuild a street on the
citys wealthiest residents for a bailout. throughout the U.S. But its unusual poor side of town, which might take
Hopewell approached his friend, for philanthropists to hand over large $7 million, and spending that $7 million
banker William Johnston, husband sums to keep basic municipal func- on a bike lane through downtown so
of billionaire Ronda Stryker, whose tions running. Trying to put up medical students can get places, I think
grandfather founded the Stryker 1,700 local philanthropic budget fixes the bike lane will win, says Apps. If
medical-device company in Kalamazoo one by one just doesnt scale very the bike lane wins too many times,
after World War II. Johnston and well, Murphy says. thats tricky. But without the donation,
another local philanthropist, Upjohn Kalamazoo has experience with wed be able to do neither.
pharmaceutical heir William Parfet, unconventional philanthropy. Its the Hopewell thinks that stark reality is
responded with an even grander idea. home of the Kalamazoo Promise, an the best reason to embrace the endow-
Rather than give the city a one-time 11-year-old program through which ment model. Everyones saying what
donation, they proposed creating a anonymous donors pay college tuition if, and I get that, he says. But to me
$500 million endowment that would for all students who graduate from this is a prime example about how phi-
generate enough income to keep the the public high schools. The Promise lanthropy in this community is willing
city afloat indefinitely. To get it started, has led to a population boomlet thats to go where no one has gone before.
Parfet and Johnston will put up an attracted aspirational, education- Steve Friess, with Amanda Albright
immediate $70.3 million to cover the minded parents from every U.S. state.
The bottom line Wealthy Kalamazoo residents
citys budget gaps for the next three Yet since 2009, Kalamazoo has cut have committed to build a $500 million endowment
years and pay for poverty-reduction about $12 million from its budget, to help the city cut taxes and generate growth.
and business-development programs. which had an operating revenue of
The first donation is to be accom- almost $53 million for fiscal 2016, city Edited by Allison Hoffman
panied by a 38 percent reduction in documents show. Thats resulted in Bloomberg.com
V E YOUR W
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Owner, Skai Blue Media,
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Productivity Outside. Screens simulated, subject to change; Apps sold separately, availability may vary.
Selling shoppers on a Apple has a healthy
21st century EBay 42 interest in managing
medical records 44

Canine cells may soon Innovation: The power


keep you from getting of water in the palm of
sick as a dog 43 your hand 45

October 3 October 9, 2016

Where Buying Data


Is as Easy as
Buying Cabbage
41

On Chinas wild web, strict hardware and software controls make it harder to fend off cyber attacks
It certainly doesnt benet the Chinese customer
The typical image of Chinese hackers tough time combating the crooks. rapid embrace of mobile payment tech-
is of operatives working for or with Respondents to a 2016 PwC survey nologyWeChat Wallet, Alipay, and
the tacit approval of the government, of 330 chief executive officers and other transaction software linked to
targeting valuable or sensitive data IT directors of foreign and domestic popular social media services. More
at foreign companies or government companies operating inside China and than half of Chinese consumers expect
agencies. While there are plenty of Hong Kong reported a 417 percent year- their phones to become their primary
those, many in Chinalike hackers over-year increase in detected security way to pay for things, PwC says. And
elsewherealso target the laptop of incidents, which can include malware, automatic connections to Wi-Fi are
their ex-boss or the smartphone of the ransomware, stolen data, and other common in China. Most people dont
guy in front of them at the coffee shop. network breaches. check who is the real administrator of a
Chinas criminal hacking community PwC says these hacks most often public Wi-Fi connection, says Mangesh
numbers at least 400,000 and sucks target customer databases and pro- Fasale, a malware analyst at security
100 billion yuan ($15 billion) out of the prietary records and typically cost firm F-Secure. Hackers in China often
countrys economy each year, accord- each company in Greater China about make decoy Wi-Fi access points, and if
ing to Zheng Bu, an angel investor $2.6 million annually. Of 496 executives you connect to them, they can access
and former executive at cybersecurity and IT professionals surveyed earlier whatever is on your phone.
company FireEye. There is a large this year by the American Chamber of Fully 50 percent of detected institu-
criminal ecosystem in China, says Commerce in China, most said data- tional hacks in China and Hong Kong
Bryce Boland, FireEyes chief technol- security threats were more significant were inside jobs, involving former
ogy officer for the Asia-Pacific region. in China than in other regions where or current employees, according to
GETTY IMAGES (3)

And with government restrictions on their businesses operate. PwC. In May a Chinese hacker with
security technology tightening, indi- Part of what makes China a lucrative the Twitter handle @Shenfenzheng,
viduals and businesses can have a target for hackers is the populations which means personal identity,
Technology

tweeted stolen personal informa- own standards, but theres significant Growth Potential
tionincluding scans of official ID uncertainty over whether local encryp- EBay stock price
cards and home addressesapparently tion standards match international stan- $35

belonging to dozens of top Communist dards, he says. Chinas standards are EBays share price
has increased
Party officials and prominent busi- unchecked by outside parties. 12 percent since the
nesspeople, including Wanda Group A draft of Chinas pending cybersecu- $30
PayPal spinoff in
CEO Wang Jianlin and his son. Its rity law, which has been reviewed twice July 2015
easy to figure out anybodys informa- by the legislature and could be enacted
tion, whether youre a government by the end of the year, would expand $25

official or a celebrity, the hacker the scope of hardware, network equip-


tweeted. Getting the common peo- ment, and services that must be
ples data is like buying cabbage. accredited by local authorities before $20

That leak was likely an inside job, being used or sold in the country. The 7/20/2015 9/27/2016
too. A police officer confirmed that bill would also require more corporate DATA: BLOOMBERG
at least some of the ID cards seem data to be housed exclusively on
genuine and had come from the servers located within China, including search engine that pushed EBay results
Ministry of Public Securitys data- sensitive user information. further down the page. With every
base, which most police stations China is trying to have more EBay stumble, rival Amazon.com
Chinas standards across China can control over cybersecurity technol- gained more customers, web visits, and
are unchecked by access. Usernames, ogy, which is not something thats market share. Separating the two would
outside parties. ID card information, ever done to increase the quality of increase PayPals value, Icahn argued.
Jake Parker,
vice president, credit card detailsits cybersecurity, says John Pescatore, a Otherwise, the payment platform risked
U.S.-China Business very common for all director at IT training company SANS losing out to Amazon Payments, Apple
Council this data to be stolen, Security. Its always done so that a Pay, and startups developing similar
says Kenneth Wong, government can maintain its access systems. The company ultimately
PwCs cybersecurity through the technology. agreed with the strategy.
head for China and Hong Kong. If the final legislation includes In the 14 months since the spinoff,
There have been many incidents more stringent directives that compa- EBays shares are up 12 percent as the
42 where people have gone to websites nies operating in China use domestic company has added customers and
or trade shows and registered their cybersecurity technology, itll become increased its 2016 revenue forecast.
personal information, and soon after, even more difficult for companies to PayPals shares havent moved. EBay
they will find all their ID informa- protect themselves, says Ross, the Chief Executive Officer Devin Wenig has
tion has been leaked online, he says, WilmerHale partner. It certainly unveiled a plan to refresh the brand and
often for a price. doesnt benefit the Chinese customer, better compete with Amazon. on. WeWe
Chinas hackers have two main goals, either, he says. Christina Larson, still have 164 million cu
ustomers, ,
says Lester Ross, a partner in the Beijing with Bloomberg News he says. Were going to o rebuild
office of law firm WilmerHale. First, to this company brick by brick.
b
The bottom line With thin encryption resources
extort, to force a company or individ- available, some 400,000 domestic hackers cost Many may still view EBay
E y
ual to pay money in order to resolve a Chinas economy $15 billion a year, by one estimate. as an online rummage sa ale,
problem. And second, to extract propri- where buyers can snag a
etary information to benefit somebody baseball card collection
else, possibly another company or the or video game console by y
government. bidding in an auction. Butt
The governments efforts to control E-Commerce auction and rummage sale es
the internet make domestic users are a small part of EBays
more vulnerable, says FireEyes
EBay Tries to Push Past business today. New mer-
Boland. Beijing recently stepped up Its Tag-Sale Roots chandisewhat the site
enforcement of a prohibition on the calls big savings on top
sale or import of hardware and mobile brands such as Apple,
 Taking on Amazon hasnt worked.
devices containing Trusted Platform Under Armour, and DeWalt
Can analytics and VR?
Module microchips, used for encrypt- increasingly fill the market-
ing passwords and biometric data.  The world doesnt have to choose place. The shift has been in
Its the international standard, but between Amazon or EBay the works for several years, bu ut
its banned in China, says Jake Parker, it hasnt resonated much with
vice president for the U.S.-China When activist investor Carl Icahn shoppers. The dated perceptio on off
Business Council. As a consequence, pushed for EBay to spin off its fast- EBay as exclusively an auction site is
companies must use old or untrusted growing PayPal business two years one of the hard truths confronting the
technology systems to secure data. ago, he saw little promise in the slow- company, Wenig says.
Excluding foreign IT hardware abso- growing parent. The online marketplace A bigger challenge remains distin-
lutely undermines security goals. was grappling with the aftermath of a guishing EBay from Amazon. The
The government has designated its security breach and changes to Googles world doesnt have to choose between
Technology

Amazon or EBay, he says. EBay wont agree. Eloise Holbrook, an abstract pandemic, which spreads rapidly, says
try to beat Amazon at its own game painter in Ocala, Fla., started selling her Gordon Naylor, president of the compa-
selling virtually everything to anyone. work on EBay 12 years ago. When sales nys vaccine subsidiary, Seqirus.
Just as Walmart and Target provide stalled a few years back, she posted Theres an opening in the $5 billion
different shopping experiences, EBay some works on Etsy and Amazon. market for seasonal flu vaccines, of
and Amazon can coexist, he says. In the past year, her EBay sales have which the U.S. consumes a third.
Wenig wants shoppers to come increased 15 percent from the previous Novartis sold its money-losing vaccine
to EBay when they need supplies year. The EBay ship is steadying, she division to CSL for $275 million in 2014.
for a camping trip, for example, to says. I can find my buyers, and they Sanofi and Merck dissolved their flu
refresh a wardrobe, or to splurge on can find me. Spencer Soper vaccine joint venture in March. In
a tech gadget. He hopes to wow con- June the Centers for Disease Control
The bottom line EBay is doing better than
sumers with a sense of discovery as expected since the PayPal split, but many and Prevention said AstraZenecas
they navigate an online bazaar that shoppers still think of the 20th century version. FluMist hadnt been a strong preventive
makes shopping fun and encour- measure for three years. (AstraZeneca
ages impulse sales. Product searches has said its working with the CDC to
will highlight all related inventory resolve the matter.)
at various prices, not just the most CSL is one of a few companies betting
popular result. Deals on new items Biotech new technology can help meet the chal-
will be prominently displayed. lenge of producing tens of millions
For EBay to succeed, customers
The Flu Shots Chicken- of doses in the few months between
must easily find what they want. A And-Egg Problem the World Health Organizations rec-

VL
search engine revamp is in the works, ommended vaccine targets and the
.Z QM
5 I V[*M [ \
and the site is pushing sellers to enter start of flu season. Theyre also betting
more precise keywords and product they can make the market more prof-
descriptions. Search results will itable. Using mammalian cells instead
also link the products to images and of chicken embryos can help create
consumer reviews. a vaccine faster and more efficiently,
According to research firm says Russell Basser, senior vice presi-
EMarketer, worldwide e-commerce dent for research and development at

VM Ua
43
sales will increase to $4.1 trillion in
][ ? W Z [ \ - Seqirus. The Holly Springs factory can
2020, or 14.6 percent of all retail sales,
up from 8.7 percent of all sales this year. .T
 Drugmakers experiment with
produce as many as 200 million doses
of vaccine in six months, according
In July, EBay acquired SalesPredict, to the U.S. Department of Health and
different vaccine culture sources
an Israeli company that forecasts Human Services, which contributed
customer buying behavior and can  Thats critical in case of a $700 million to its construction.
help EBay better match its inventory pandemic, which spreads rapidly Dog cells are also cheaper, as little as
to demand. The company also bought half the $3.50 cost to make a dose of flu
Expertmaker, a data analysis firm. For decades, drug companies have vaccine via egg, estimates UBS analyst
The acquisition will help EBay orga- grown vaccines using chicken eggs. Andrew Goodsall. That would make flu
nize its inventory by translating product Thats why an outbreak of hen-killing shots affordable enough for such coun-
description codes used by manufactur- avian flu would be such a nightmare tries as Mexico and Brazil, he says.
ers into commonly used search terms. scenario: The whole world would CSLs dog cells arent the only egg
Wenig says hes in the market for consume all the chicken eggs within a alternative. Protein Sciences uses cells
a company that makes algorithms couple of months, says Guan Yi, direc- from caterpillars at its plant in Rockland
to correct spelling, because mis- tor of the Center of Influenza Research County, N.Y. Chief Executive Officer
spelled words are a leading cause of at the University of Hong Kong. We Manon Cox says Proteins process is
failed searches. need to have another option. faster than egg-based vaccine produc-
Theres even a virtual-reality compo- The answer may lie in the Raleigh tion, but costs are 5 to 10 times higher.
nent to Wenigs strategy. Ticket buyers suburb of Holly Springs, N.C., where While Protein could make 5 million
who use EBays StubHub division get CSL, an Australian company, is exper- doses of vaccine this year, Cox says,
a virtual view of their seats, a feature imenting with growing vaccines in it expects to sell only 900,000. The
thats proving popular with shoppers. kidney cells taken from dogs. (No harm uptake is not there yet, she says.
With upscale Australian department- comes to the dogs; the cell line has been Another alternative to eggs is
store chain Myer, EBay created a available since 1958, when research- Nicotiana benthamiana, an Australian
Virtual Reality Department Store that ers took tissue from a female cocker weed thats a close relative of the
displays merchandise on a custom app spaniel.) While egg-based vaccines have tobacco plant. Cigarette maker
computer graphics are combined with a limited shelf life, CSLwhich makes Reynolds American in 2014 acquired
images of the merchandise. more flu vaccines than anyone besides Kentucky BioProcessing, a decade-
GETTY IMAGES (3)

Says Gil Luria, an analyst at Wedbush Sanofisays it can keep the dog cells on old company that uses tobacco plants
Securities: What they are doing is ice in perpetuity, to respond easily to to produce pharmaceutical proteins.
working. Some longtime merchants an outbreak. Thats critical in case of a Medicago, backed by Philip Morris
LEGAL NOTICE
Technology
U.S. POSTAL SERVICE STATEMENT OF OWNERSHIP,
MANAGEMENT, AND CIRCULATION
(Act of August 12, 1970: Section 3685, Title 39,
United States Code) and Japanese drugmaker Mitsubishi choice among physi-
1 Title of publication: BLOOMBERG BUSINESSWEEK. Tanabe Pharma, says it can produce cians, improving diag-
2 Publication No.: 080-900.
3 Date of ling: September 26, 2016.
30 million doses of tobacco-based flu noses by making it easy y
4 Issue Frequency: Published weekly except for one week in vaccine a year at its plant in North to sift something salient
January, April, June & August.
5 No. of Issues Published Annually: 48.
Carolina but is awaiting approval from quickly from the moun--
6 Annual Subscription Price: Domestic $59.97. the U.S. Food and Drug Administration. tains of raw information n
7 Complete Mailing Address of Known Office of Publication:
731 Lexington Avenue, New York, NY 10022.
Guan, the flu research director, isnt strewn across various old-school data-
Contact Person: Bernie Schraml. Telephone: 212-617-3088. confident these new technologies will bases that arent typically compatible.
8 Complete Mailing Address of Headquarters or General
Business Office of Publisher: 731 Lexington Avenue, be able to fill the gap if a global pan- Storing more health records in the soft-
New York, NY 10022.
9 Full Names and Complete Mailing Addresses of Publisher,
demic jeopardizes the egg supply. ware could also make it a lot tougher for
Editor, and Managing Editor: Publisher: Michelle Bosso, 731
Lexington Ave., New York, NY 10022; Editor: Ellen Pollock,
Absent an avian flu-style scenario, egg- users to trade iOS for Android and its
731 Lexington Ave., New York, NY 10022; Managing Editor: based flu vaccine production should equivalent health app, Google Fit.
Kristin Powers, 731 Lexington Ave., New York, NY 10022.
10 The owner is Bloomberg L.P., 731 Lexington Ave., New York, readily meet seasonal demand, he says, Health is a huge issue around the
NY 10022.
11 Known bondholders, mortgagees, and other security
so investments in alternatives have world, and we think its ripe for sim-
holders owning or holding 1 percent or more of total been a relatively tough sell. plicity and a new view, Chief Executive
amount of bonds, mortgages or other securities: None.
12 Not applicable. For now, CSL can afford to keep Officer Tim Cook said at a May confer-
13 Publication Title: BLOOMBERG BUSINESSWEEK. trying, while also continuing egg-based ence in Amsterdam. An Apple spokes-
14 Issue Date for Circulation Data Below: September 5-11, 2016
operations. Most of the $1.2 billion woman declined to comment.
15 Extent and Nature of Circulation: Average No.
No. Copies Copies
Each of Single
profit in its most recent fiscal year came Apples bench is getting pretty deep.
Issue Issue from sales of blood plasma products; It includes Stephen Friend, a Merck
A Total No. Copies
(Net Press Run) 958,653 933,473 the vaccine subsidiary accounted for 10 veteran who co-founded health-data
B Paid Circulation percent of its $6.1 billion in revenue. In nonprofit Sage Bionetworks; Evan
(By Mail and Outside the Mail)
1 Mailed Outside-County Paid
May, CSL won FDA approval for a dog Doll, co-founder of social network-
Subscriptions Stated on PS Form
3541 (Include paid distribution
cell-based vaccine targeting four strains ing hub Flipboard, now a director of
above nominal rate, advertisers
proof copies, and exchange copies) 417,385 403,113 of seasonal flu, and the company proj- health-software engineering; and Yoky
2 Mailed In-County Paid ects it will turn a profit from the division Matsuoka, formerly technology chief
Subscriptions Stated on PS Form
3541 (Include paid distribution in 2018. The egg-based platform has at Googles Nest Labs unit. Earlier this
above nominal rate, advertisers
proof copies, and exchange copies) 0 0 been around for a long time, Naylor year, Apple bought Gliimpse, a startup
3 Paid Distribution Outside the Mails
Including Sales Through Dealers says. I dont expect there will be an that built software to unify electronic
and Carriers, Street Vendors,
Counter Sales, and Other Paid overnight transition. Bruce Einhorn health records from different databases.
Distribution Outside USPS 307,105 299,346
4 Paid Distribution by Other Classes
I will be working on building a plat-
The bottom line Upstarts and established
of Mail Through the USPS
(e.g., First-Class Mail) 108 121 drugmakers are testing alternatives to egg-based form, a set of application program inter-
C Total Paid and/or Requested vaccines in the $5 billion seasonal u market. faces, and a simple product that will
Circulation (Sum of 15B)(1), (2),
(3), and (4) 724,599 702,580 bring what we believe will be a dis-
D Free or Nominal Rate Distribution ruptive consumer health-care applica-
(By Mail and Outside the Mail)
1 Free or Nominal Rate Outside-County tion to the U.S. for the first time, Apple
Copies included on PS Form 3541 86,979 95,386
senior engineer (and former Gliimpse
2 Free or Nominal Rate In-County
Copies Included on PS Form 3541 0 0 Data employee) Mohan Randhava says in
3 Free or Nominal Rate Copies
his LinkedIn profile. He declined to
Mailed at Other Classes Through
the USPS (e.g., First-Class Mail) 8 8 A Different Kind of comment for this story.
4 Free or Nominal Rate Distribution
Outside the Mail (Carriers or other
means) 111,156 110,995
Apple a Day Apple is also aggressively pitching
E Total Free or Nominal Rate HealthKits sister software, ResearchKit,
Distribution (Sum of 15D (1)(2)
(3) and (4) 198,142 206,389 to drugmakers and research insti-
 Cupertino is working on a one-
F Total Distribution (Sum of 15C tutions as a simpler way to conduct
and 15E) 922,741 908,969 stop data source for doctors
G Copies Not Distributed 35,913 24,504 cli
linical trials. Some
H Total (Sum of 15F and G) 958,653 933,473 hi
hint at possible FROM LEFT: COURTESY APPLE (2); COURTESY ENOMAD (2); ILLUSTRATIONS BY 731

I Percent Paid
 Health is a huge issueand wee
(15c divided by 15f times 100) 78.5% 77.3%
think its ripe for simplicity usses for HealthKit:
16 Electronic Copy Circulation: Sc
Scientists at Duke
A Paid Electronic Copies 104,968 114,947
Apples HealthKit is mostly a fitness U
University have built
B Total Paid Print Copies (Line 15c) +
Paid Electronic Copies (Line 16a) 829,567 817,527 app, counting steps and the like. Noww a ResearchKit app
C Total Print Distribution (Line 15f) +
Paid Electronic Copies (Line 16a) 1,027,709 1,023,916 the company is working on ways to thhat uses the iPhones
D Percent Paid (Both Print & interpret that information for use by fr
front-facing camera
Electronic Copies) (16b divided by
16c x 100) 80.7% 79.8% doctors and others, say three people e too scan a subjects
17 Publication of Statement of Ownership: Publication
required. Will be printed in the October 3, 2016 issue of
familiar with its plans. fa
face to try to screen
this publication. Scores of health-care experts Applle fo
for autism. Johns
18 Signature and Title of Editor, Publisher, Business Manager
or Owner has hired in recent years are buildingg H
Hopkins University
Michelle Bosso, Publisher 9/20/16 new apps, improving electronic heallth iss using the Apple
I certify that all information furnished on this form is true and
complete. I understand that anyone who furnishes false or records, and teaming up with researcch W
Watchs accelerom-
misleading information on this form or who omits material
or information requested on the form may be subject to
institutions to better analyze patient etter and heart rate
criminal sanctions (including nes and imprisonment) and/or
civil sanctions (including civil penalties).
data, the people say. The ultimate gooal seensor to analyze
is to make HealthKit the software of an nd try to predict the
Technology

seizure patterns of epilepsy sufferers.


GlaxoSmithKline began its first clinical
study using ResearchKit this summer.
Apple is working hard with many
Innovation
of these large institutions to generate
tools that are medically correct, says
Scott Jenkins, CEO of data management
company Certainty Health. They want
Portable Hydropower
to be the repository. Form and function Innovator Hyerin Park
The second Apple Watch has a faster Estream is a generator the size of a water bottle Age 30
processor and a built-in GPS tracker that lets campers, kayakers, or people in isolated Chief executive officer of ve-employee
and is water-resistant so people can villages collect energy from moving water. startup Enomad in Los Angeles
run, swim, and do other exercises with
the device. The updated watch soft-
ware, dubbed WatchOS 3, places health-
tracking information more prominently Origin Park began
working on personal 1.
in the user interface and adds a breath- generators a
ing exercise app as well as swim track- decade ago, after a
ing. Apps under development, the backpacking trip to
India. She also helped
people familiar with Apples plans say, develop a tidal power
include a program to track sleep pat- plant for the South
terns and another to analyze fitness Korean government.
levels based on changes in heart rate.
Apple is unlikely to add more spe- Power Placed in moving
cific hardware to the watch, like a water, the blades of
Estreams 8.3-inch-diameter
blood-pressure sensor or glucometer, Funding Enomad
turbine spin to charge its
has raised about
says one of the people with knowledge $450,000 from lithium ion battery in about
of its plans. Adding medical sensors angel investors and four and a half hours.
would likely require approval from the crowdfunding and is
45
seeking an additional
U.S. Food and Drug Administration, $1 million to fund
a much higher bar than the watchs mass production.
current designation as a fitness tracker.
It would need to have enough battery
Cost About 600
life to last a day, says Yuri Teshler, a Kickstarter backers
health-care consultant at Moor Insights paid $180 for an
& Strategy, adding that the watch Estream.
would also need its own LTE chip and
other hardware to make it less depen-
dent on a users phone.
Its unclear how soon improvements
to HealthKit may arrive. For now, the
greatest hurdle is proving to medical 3. 2.
professionals that data delivered
through the app (and ResearchKit) is
reliable, says Brennan Spiegel, a gastro-
enterologist at Cedars-Sinai Hospital
in Los Angeles. Its wonderful to have
advanced methods of aggregating and
Add-ons Enomad is
presenting data, but theres a risk of developing attachments to
it becoming a garbage-in, garbage- turn Estream into a Wi-Fi Charging On a full charge,
router, a speaker, and even a Estream can juice three
out project, he says. What matters is smartphones, tablets, or
wind-powered generator.
whether the data going into that solu- GoPros twice as fast as a
tion are generating clinically valuable, regular outlet, Park says.
actionable results. Alex Webb Next Steps
It looks like a really sharp design, says Ron Pernick, managing director for
The bottom line Apple is rening its tness-
tracking software in an effort to strengthen iOSs market researcher Clean Edge, adding that Enomad will have to provide a
ties to valuable medical data. strong warranty and prove its device will last. Park says shes in talks with
retailers in the U.S., Canada, Europe, and Australia, and hopes to announce
retail deals by the end of the year. Kickstarter backers will get their Estreams
Edited by Jeff Muskus and
Dimitra Kessenides in March. Olga Kharif
Bloomberg.com
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Markets/
Putting gold back Neobanks take aim at
underground 48 the U.K.s big four 50

Finance When does a buy


recommendation carry
a little less weight? 51

October 3 October 9, 2016

IRAN

SAUDI ARABIA 47

The Tables Have Turned


Why Saudi Arabia found itself begging for a deal to end the oil glut, while Iran dragged its feet
Iran is the OPEC country that had to do fewer budget sacrices due to cheap oil
At a meeting in Algiers on Sept. 28, to between 32.5 million and 33 million the cartels market share against U.S.
after two days of round-the-clock talks, barrels a day. Most details, however, shale oil producers and other rivals.
the Organization of the Petroleum have yet to be agreed upon. OPEC let its oil flow freely, and prices
Exporting Countries agreed to the out- Saudi Arabia had wanted the cut dropped sharply: On Sept. 28, even
ILLUSTRATION BY 731

lines of its first oil production cut in badlya reversal of its previous role after a rally on news of the deal, crude
eight years. Ministers said that the in OPEC dealmaking. In 2014 the gov- traded at about $47 a barrel, com-
group, which supplies about 40 percent ernment in Riyadh was fine with pared with more than $90 in mid-2014.
of the worlds oil, will drop production cheap oil. It led the push to defend When the Saudis called for new
Markets/Finance Iran has already
been through so
much pain,
incrementally
limits on production, Iran they arent really less than 2.5 percent of GDP have higher oil prices, but Iran is the
pushed back hard. According to worse off. for Iran, the International OPEC country that had to do fewer
the preliminary deal, it wont Amrita Sen, Monetary Fund estimates. budget sacrifices due to cheap oil, says
oil analyst
have to cut its own produc- It calculates that the Saudis Olivier Jakob, an analyst at Petromatrix.
tion. Both countries are coming need oil close to $67 a That gave them a strong hand.
from different positions, said barrel to square the books. Javier Blas, with Nayla Razzouk, Grant
Jason Tuvey, Middle East economist For Iran, its $61.50. Smith, and Angelina Rascouet
at Capital Economics, before the deal When it comes to economic growth,
The bottom line Saudi Arabia is feeling the pain of
was announced. They have different Saudi Arabia is slowing sharply, to cheap oil and pushed for OPEC to cut production.
thresholds for economic suffering. 1 percent, while Iran is accelerating Iran simply wants to keep selling.
Iran, never as dependent on oil toward 4 percent. But there have been
revenue as its neighbor, was under other factors in the tactical disgree-
international sanctions over its nuclear ment. The two countries are on oppo-
program until earlier this year, so its site sides of the Syrian and Yemeni
getting an economic boost as invest- civil wars. Then theres national pride: Precious Metals
ment returns and oil output rises, Iran came into the meeting looking to
said Tuvey. Although President Hassan increase its production from 3.6 million
The Loophole Under
Rouhani faces elections next May, he barrels a day to 4 million barrelsits The Mountain
has already adjusted the economy to output before sanctions halved exports.
lower prices. Iran has already been OPECs move to protect market share
 Gold stored in old Swiss bunkers
through so much pain, incremen- was always a gamble on outlasting low
is safeand out of sight
tally they arent really worse off, says prices. A month after the 2014 policy
Amrita Sen, chief oil analyst at consul- shift, Ali Al-Naimi, then Saudi oil min-  There has been a real interest in
tant Energy Aspects. ister, told the trade journal Middle East alternatives to bank deposits
In Saudi Arabia, the worlds largest Economic Survey that sooner or later
oil exporter, two years of weak rivals would run into financial difficul- Deep in the Swiss Alps, next to an old
prices have caused financial havoc, ties. The kingdom had the ability to airstrip suitable for landing Gulfstream
despite tentative moves to diversify hold out for a long time, he said. and Falcon jets, is a vast bunker that
48 the economy. The country is burning Now, under a different oil minis- holds what may be one of the worlds
through its foreign exchange reserves, ter, Saudi Arabia is less interested in largest stashes of gold. The entrance,
using up $52 billion in 2016 through waiting for the demise of the next protected by a guard in a bullet-
July. Government contractors have Texas shale producer. But its unclear proof vest, is a small metal door set
gone unpaid, and civil servants will get whether the latest agreement will into a granite mountain face at the
no bonus this year. Subsidies for gaso- deliver the prices the Saudis want. I end of a narrow country lane. Behind
line and utilities are being cutlong a cannot see a good reason for a major two farther doors sits a 3.5-ton metal
political taboo. A value-added tax has increase in the price of oil, since the portal that opens only after a code is
been proposed by the government for market remains way oversupplied, entered and an iris scan and a facial-
2018 and is likely if oil prices stay low. said Ian Taylor, head of Vitol Group, recognition screen are performed. A
Saudi Arabia will suffer a fiscal deficit the worlds largest oil-trading house, at maze of tunnels once used by Swiss
equal to 13.5 percent of gross domes- a Bloomberg conference in London. armed forces lies within.
tic product this year, compared with As for Iran, Tehran would love to The owner of this gold vault wants
to remain anonymous for fear of com-
promising security, and he worries
The Saudis Need Higher Prices; Iran Just Wants to Sell More that even disclosing the name of his
company might lead thieves his way.
Fiscal surplus/decit as percentage of GDP Daily crude production in barrels, Hes quick to dismiss questions about
Iran Saudi Arabia 30% compared with August 2006 how carefully he vets clients but says
many who come to him looking for a

+1,370k
Saudi Arabia safe haven for their assets dont pass
20% his sniff test. For every
client we take, we turn one
or two away, he says. We
10% dont want problems.
Forecast
Demand for gold
storage has risen since the 2008 finan-

-400k
0% Iran cial crisis. Many of the wealthy see
owning gold as a hedge against the
DATA: IMF, BLOOMBERG

insecurity of banks and a reason-


-10% able investment at a time when
markets are volatile and bank
2007 2017 accounts and low-risk bonds pay
almost no yield. It may also be a way
to avoid the increasing scrutiny of tax
authorities. In high-profile cases, U.S.,
French, and German prosecutors have
gone after citizens of those countries
with undeclared Swiss bank accounts.
Swiss storage operations such as
these dont have the same obligation Swiss Data Safes
secure storage
that Swiss banks do to report suspi- facility outside
cious transactions to federal regu- Amsteg,
lators. Americans arent required Switzerland

under the U.S. Foreign Account Tax


Compliance Act to declare gold stored
outside financial institutions.
Of the roughly 1,000 former mili-
tary bunkers still in existence across
Switzerland, a few hundred have been
sold in recent years, and about 10 are
now storage sites holding gold as well
as computer data, according to the
Swiss defense department.
Few match the opulence of the air-
strip setup, whose owner claims to
run the largest store of gold for private
clientsand the seventh-largest gold
vault in the world. Near the runway
sits the VIP lounge and a pair of luxu-
rious apartments for clients. The walls
of the apartments are lined with aged 49
wood from Polish barns. South African
quartzite was chosen for the floors
to match the faded gray timber, and
the amenitiesbathroom mirror, TV
screenscan retract into the ceiling,
counter, or wall. The owner offers
a place for clients to sleep and eat,
because many do not want to leave a
paper trail of credit card receipts and
passports at hotels and restaurants.
Some miles away, Dolf Wipfli, the
founder and chief executive officer of
a different company, Swiss Data Safe, Switzerlands Money Laundering
is one of the few operators willing Reporting Office. In the past, sub-
to be interviewed about his busi- missions to the agency have led the
ness. The gold Swiss Data Safe stores Swiss attorney general to open inves-
for clients is kept in a mountainside tigations into corruption at FIFA, the
bunker outside the hamlet of Amsteg. global soccer body, and banking ties to
On a recent tour, Wipfli wouldnt dis- Brazils Petrobras bribery scandal.
close the golds exact location, choos- The gold trade is a huge part of the
ing instead to take visitors into a room Swiss economy, says John Cassara,
containing computer servers for the a former U.S. Treasury special agent
other half of his business, providing and the author of books on money
data backup storage. Wipfli declines independent from the banking system laundering. Im not surprised that
to say how much he charges to store and any other organization or inter- there are not more effective efforts
gold. The companys website has ver- est group, according to a PowerPoint in Switzerland to better monitor its
MICHELE LIMINA/BLOOMBERG

sions in Chinese and Russian. presentation Wipfli shows clients. misuse. The powers that be dont
There is growth in gold, Wipfli The company and its anonymous rival want to crack down. In the first
says. Since 2008 there has been a real arent regulated by the Swiss financial- half of this year, 1,357 metric tons of
interest in alternatives to bank depos- services regulator Finma. goldworth about $40 billionwere
its. The company explicitly taps Nor do such companies have imported into Switzerland, according
into that demand. Swiss Data Safe is to report suspicious activity to to the Swiss customs office, putting
Markets/Finance

the year on course to be the biggest no-questions-asked policy of safe- brands join earlier challengers, includ-
since a record in 2013. deposit-box companies that have been ing billionaire Richard Bransons
The Swiss secretary of state for inter- flourishing in the canton of Ticino, Virgin Money, all aiming to shake up
national finance issued a report in 100 miles south. We dont do black- British retail banking, which has long
December on safe deposit boxes and box storage, he says. been dominated by four big lenders.
the risk that they are abused for money Hugo Miller and Stephanie Baker The new banks plan to set them-
laundering and terrorism. The former selves apart by offering mobile budg-
The bottom line Swiss bank accounts arent
army bunkers werent mentioned in so secret anymore, but gold storage remains eting and investment tools, instant
the report. We dont see any tangible under the radar. notifications on spending habits, and
evidence of criminality of a systemic smarter antifraud features. Some envi-
nature, but this could be a topic for the sion becoming marketplaces for serv-
future, says a spokesman when asked ices offered by other companies.
about the bunkers. So far, Monzo has distributed 35,000
Of course, there are plenty of legiti- Fintech prepaid debit cards, on which it says
mate reasons for investing in gold. The 31.7 million ($41.3 million) has been
metals price has risen 25 percent since
Digital Banks Take On deposited. Another of the newly
the end of 2015. The tonnage of gold The High Street Giants licensed banks, Atom Bank, has
assets in exchange-traded funds has about 1,800 customers and 16 million
climbed 39 percent this year, data com- in deposits. These are tiny numbers
 Starting a new lender has gotten
piled by Bloomberg show. in a country with 70 million check-
easier in the U.K.
Even so, the Financial Action Task ing accounts, and some in the indus-
Force, an intergovernmental body that  Britains pitch...is to have an try worry the field is already crowded.
sets anti-money-laundering standards, avant-garde regulator Im a little bit afraid, says Matthias
warned in a 2015 report of the risks of Krner, chief executive officer of Fidor
gold being used by criminals for financ- Will Stanley and Jonathan Lind are Bank, a German mobile-based lender
ing terrorism or for laundering money. bonding over pizza, beer, and a mutual that started doing business in the U.K.
Cassara, the former Treasury agent, affection for their coral-colored debit a year ago. If you suddenly have this
says, Perhaps gold should be subject to cards. Its the Lamborghini of card many new players on the market, this
50 currency cross-border reporting. colorsits vulgar, its shouting, Lind is increasing com-
Wipfli says Swiss Data Safe, too, says. You know, if you stick it under petition for the
scrutinizes prospective clients and UV light, its fluorescent, Stanley adds. death of the new
will reject those for whom it doesnt Stanley, 29, and Lind, 31, have never challengers.
have a good feeling. The company met before. Along with about 100 other The boom in
accepts corporate clients but insists people, theyve come to a party in mobile-banking
on knowing who the owner of the London hosted by Monzo, the issuer companies is
company is, he says, a condition that of those eye-catching cards. Weve all Virgin Money one legacy of the
began offering
goes beyond the more relaxed federal come here for drinks with our bank, this Sex Pistols
2008 financial
customs rules that govern Switzerlands which is utterly crazy, Lind says. credit card crisis. After the
controversial free ports, where art and Monzo is one of four financial tech- last year near-collapse of
other valuables are stored. nology companiesneobanks, as two of the coun-
Wipflis company also insists on theyre known in Britainthat have trys biggest banks, Royal Bank of
inspecting goods that come into won licenses in the past year from U.K. Scotland Group and Lloyds Banking
its bunkers. That, he says, distin- regulators to offer branchless, mobile- Group, lawmakers leaned on regulators
guishes it from the phone-based banking. These fledgling to encourage more competition. Its
now easier and faster to get a banking
Digits Brevan Howard
will still collect
license: Fifteen have been granted since
2013, and 20 additional companies are

0%
a 20 percent
cut of prots in talks to apply, according to people
with knowledge of the matter.
Britains pitch when it comes to
The rms main
fund lost fintech is to have an avant-garde reg-
ulator, says John Egan of venture
2.5%
this year through
capital firm Anthemis Group, which
invests in Atom and Fidor. Many
August financial technology startups use the
COURTESY OF VIRGIN BANKING

U.K. as a base for operating across


Europe. That status may be upended,
Annual fee Brevan Howard Asset Management will charge existing
customers on new investments in two hedge funds. Saijel Kishan however, by Britains vote to leave the
European Union.
The startups face other challenges.
Its previous
management fee was Few British consumers switch
as high as 2 percent
banks. The four largest lenders
RBS, Lloyds, Barclays, and HSBC
Holdingshave lost only 5 percent of squashed,
their market share since 2005. Lloyds, Mahmud says. A lot of them are
which had 7.3 million active mobile that model is breaking down even exiting the business.
users at the end of June, has allo- because of new regulations and A contract to pay for analysis is per-
cated 1 billion a year for technology. changes in the banking business. Now fectly legal as long as its disclosed loud
The big banks will end up copying Frances Natixis, an investment bank and clear, according to French market
them or absorbing them into what and brokerage, is trying the novel regulator AMF. For a small company
theyre doing, Gary Greenwood, an approach of charging companies for that may suffer from a lack of analyst
analyst at Shore Capital Group, says coverage. Its similar to whats been coverage, commissioning research
of the upstarts. done for years in the bond-rating is a way to get on the radar of inves-
The digital bankers say they have the businessa system thats fraught tors. Only a handful of analysts provide
technological edge. The big banks can with conflicts. investment research on Transgene,
create a wonderful new app, but they In September analysts Jean- compared with more than 30 for Total,
still have to plug them into a pig of an Jacques le Fur and Philippe Lanone at Frances biggest listed company.
old back-office system, says Anthony Natixis published their first piece on Of course, such contracts create
Thomson, chairman of Atom, which Transgene, a French biotechnology concerns in terms of conflicts of inter-
built its mobile app on the game-design company with a market value of est, Christle Fradin, communications
platform used to create Pokmon Go. $125 million. The two-page note recom- director for AMF, said in an e-mail.
Internecine feuds among the neo- mended that investors buy the shares. Market-abuse regulation requires a
banks are common. The London party At the bottom of the first page, in bold clear disclosure of such agreements in
that enticed Lind and Stanley out italics, was a disclaimer that translates the research documents.
on a Thursday night was thrown to to Natixis has been paid by Transgene Beyond Europe, even the biggest
announce Monzos new name. It had to produce financial analysis. On global banks are trying to squeeze
previously been called Mondo, but the day of publication, the stock rose more money from research as they
the bank decided to change it because 7.8 percent and hit its highest trading struggle to boost profitability. Bank
of trademark issues. Starling Bank, volume since January. of America, Morgan Stanley, and
another of the startups, got wind of I find the whole concept a little Citigroup have put more limits on 51
the renaming; it registered the web odd, says Ian Gordon, head of bank access and made it more difficult to
address getmonzo.co.uk and had research at investment bank Investec share files with people who arent
its own advertisement on the now- in London. It would potentially paying clients.
dormant site when Monzo unveiled the taint the brokerages product. My Natixis move is comparable to
new name in August. perception is that investors only the way companies like Moodys
Richard Partington and Jeremy Kahn value truly independent research. Investors Service and S&P Global
A spokeswoman for Natixis declined Ratings produce analyses of the credit-
The bottom line Startup banks are challenging the
U.K.s big fourwhich have lost only 5 percent of to comment on the agreement with worthiness of fixed-income invest-
their market share since 2005. Transgene. External representatives ments, but its far less common
for Transgene did not return calls and in the equities market, according
e-mails seeking comment. to Michael Woischneck, a money
While providing paid analysis may manager at Lampe Asset Management
undermine credibility and raise con- in Dsseldorf, Germany. Credit-rating
Stock Research cerns about potential conflicts of inter- firms were widely blamed for lowering
est, there arent too many alternatives, standards to win business during the
One Very Important especially for a midsize European lead-up to the financial crisis.
Footnote research shop such as Natixis. Using As a manager of a European small-
trading fees to pay for research will be cap stock fund, Woischneck says hes
banned under European Union rules read commissioned research reports
 Natixis says Transgene paid for
in 2018, and banks are looking for new from small brokerages, but never
its reporton Transgene
ways to fund the service. from a bank the size of Natixis. A paid
 It would potentially taint the Were likely to see banks moving note cant be completely neutral, he
brokerages product to a more a la carte pricing structure says. It might be a good way to find
for their research ahead of the new out about the company and to get a
The bullish stock recommendation rules, says Sarah Jane Mahmud, a first impression, but its marketing.
came with a warning: The company Bloomberg Intelligence analyst. For Sofia Horta e Costa
paid us to write this report. example, a bank might charge a flat
The bottom line Its becoming more difficult
Stock research by brokerages has annual fee for access to its research. for banks to fund stock research. One way is to
long been subsidized by other parts But customers might be willing to charge companies for coverage. Caveat lector.
of their businesses, such as trading. pay for only the biggest, brand-
Customers who pay a lot in com- name research shops. Its precisely Edited by Pat Regnier
missions often get it as a perk. But the medium-size players who are Bloomberg.com
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Focus On/
The high cost of Class actions seek
an Alzheimers to iron the kinks out
diagnosis 54 of your 401(k) 56

Retirement Slacker or sage?


Quitting your job at
40 years old 56

October 3 October 9, 2016

ITS NOT
JUS S T
GELINA
BRANG
Americans 50 and older are divorcing in greaterr numbers, jeopardizing their retirement
53

Savings youve accumulated must be divided, lleaving each spouse with less
Barbara Ballinger panicked when Americans 50 and nd older are in life sacrifice retirement security.
her husband of 29 years told her he getting divorced at aa higher rate than The vast majority of older couples
wanted a divorce. At 51, she hadnt younger peopleannd much more fre- who divorce, even if theyve both
seen the end of her marriage coming quently than in prioor decades. As worked or are still employed, see
and wasnt prepared to cover half the life spans lengthen,, couples whove their standard of living decline sub-
expenses for their five-bedroom home celebrated their silvver and even stantially, says Joslin Davis, an attor-
in a St. Louis suburb, their two daugh- golden anniversarieeswho in earlier ney and president of the American
ters college tuitions, car and home generations likely w would have stayed Academy of Matrimonial Lawyers.
insurance, and other necessities. together until deathh despite their Its a lot more expensive to live in
Shed always worked, as a writer, but differencesare goin ing their separate separate households than in one
he earned as a corporate attorney ways. Many decide tthey dont want home, and the retirement savings
more than five times what I did, says to spend their senioor years unhappily youve accumulated must be divided,
Ballinger, who is now 67. wed, especially sincce theyre likely leaving each spouse with less.
She began clipping grocery to live healthily intoo their 70s and Many are forced to put off retire-
coupons, eliminated Starbucks lattes 80s. People 50 and older comprised ment until they regain their financial
and meals out, put off home repairs, 25 percent of all Ammericans who footing or because they have alimony
and made fewer visits to the hair got divorced in 20144, up from about obligations. Divorce attorney Davis
salon, while taking on as many free- 8 percent in 1990. D Divorce among says she often grapples with how to
lance assignments as she could land. this older group dou ubled during that create an alimony stream of income
Still, during a trip to visit her daugh- period, while plateaauing or declin- for a dependent spouse, at least for
ters at college, a car rental company ing for younger cou uples, according a period of time, while also making
turned her away because she didnt to the National Centter for Family and sure the providing spouse gets to stop
have a credit card in good standing. Marriage Research aat Bowling Green working and retire at some point.
My living standard changed dramati- State University in O Ohio. Women initiate 60 percent of
cally, she recalls. Those who quit th heir marriage late divorces after age 40, according
Focus On/Retirement Today they dont
feel nished at 50.
They believe they
can reinvent
to the AARP, even though they themselves, so mother financially. He worries than whether Julie had poured
usually suffer more financially, theyll take the asked not to be identi- gravel down the garbage disposal again
because they earn less than their nancial hit. fied because he didnt or left the iron on: I was bleeding
Stephanie
husbands and are much more likely Coontz, Council want to discuss his money out of my retirement account,
to have taken time off from paid on Contemporary divorce publicly. he says. I kept wondering, Are we
employment to care for children Families It took Ballinger about going to end up on the streets?
and elderly parents. Women have four years to reach a set- One in nine Americans age 65
long been less tolerant of a mediocre tlement with her ex. She says or older has Alzheimersa total of
relationship, says Stephanie she was both pleased and disap- 5.2 million peopleand that number is
Coontz, director of research at the pointed with the terms, which she expected to triple by 2050. Patients typ-
Council on Contemporary Families didnt want to disclose, but mostly ically live 8 to 10 years after diagnosis,
at the University of Texas at Austin. relieved to know where she stood and families can quickly exhaust their
And today they dont feel finished financially. Shes living much more savings caring for them. The cost of an
at 50. They believe they can reinvent frugally now than she did when assisted living facility averages $43,200
themselves, so theyll take the married. Shes still working and has a year, while a semiprivate room at a
financial hit. no plans to retire. nursing home runs $80,300, according
Custody battles are not usually a The co-author with Margaret Crane to the Alzheimers Association.
feature of gray divorce, but theres of Suddenly Single After 50, Ballinger Medicare doesnt

5.2
plenty of other things to quarrel over. advises older women going through cover that expense.
About 62 percent of divorcing couples divorces to mediate settlements if pos- Medicaid does
among those 50 or older fight about sible, to consider freezing both shared if youre poor
retirement savings in the process of and separate 401(k) and IRA accounts million enough. A single
reaching a settlement, according to until an agreement is reached, and to person must have
a recent survey of members of the purchase insurance to protect alimony no more than
Academy of Matrimonial Lawyers. payments in case of an ex-husbands Americans age $2,000 of assets to
Eighty-three percent fight over death. I still worry about my financial 65 and older who qualify, says Todd
alimony, and 60 percent spar about future, but my happiness is no longer are living with Lutsky, an elder-
Alzheimers disease
business interests, the survey found. linked to the lost dollars we worked so care attorney at
54 It doesnt help that many people hard to save, she says. I have income Cushing & Dolan.
are completely in the dark about their coming in and, most important, my If youre married, the healthy spouse
spouses personal finances. Twenty- health, daughters, a grandson, and gets to keep $119,220 and the home.
one percent of more than 1,800 many friends. Carol Hymowitz Lutsky advises clients in their
couples who were either married or 60s with a net worth of more than
The bottom line People 50 and older were twice
living together didnt know the value as likely to go through divorce in 2014 than in 1990, $1 million to set up an irrevocable
of their partners retirement account, while rates for younger Americans have dipped. income-only trust to protect their
according to a recent Harris Poll survey assets from future nursing home costs.
for website NerdWallet. A 65-year- You can put pretty much any asset in
old woman from Rye, N.Y., whos a one of these trusts, and it wont affect
manager at a nonprofit, didnt realize your Medicaid eligibility so long as its
her husband of 27 years had squirreled Health Care in there for at least five years prior to
away several hundred thousand dollars applying for assistancewhat Medicaid
in an investment account until she dis-
Bearing the Financial calls its look-back period. Income from
covered a statement in his desk during Burden of Alzheimers investments in the trust can be paid to
their divorce last year. Still, because the healthy spouse or other beneficia-
shed invested her retirement savings ries without affecting eligibility. Upon
 Families should enlist an elder-
more aggressively, she had to give her a persons death, the assets in the trust
care lawyer to map out a strategy
ex $50,000. The woman, who didnt pass on to the beneficiaries.
want work colleagues to know her situ-  I kept wondering, Are we going to For someone like Allen, whose
ation, asked not to be identified. end up on the streets? assets at 64 total $170,000close to
Some seniors choose to avoid acri- the median Americans net worth for
mony and legal fees even if that means When Tom Allens wife received a diag- someone his age, according to the U.S.
walking away with less than theyre nosis of early-onset Alzheimers disease Censuslocking up his nest egg in a
legally entitled to. A 68-year-old fur- in 2010, the Minneapolis resident had trust would be both impractical and
niture maker and restorer in Old to make some tough decisions. He quit costly. Lutsky typically charges about
Saybrook, Conn., had a much smaller his $60,000-a-year position running a $5,000 to set one up.
income and less retirement savings nonprofit that served the homeless to Instead, with the help of an elder-
than his wife, a corporate caterer. But take a $12-an-hour job as a janitor in the care lawyer, Tom enrolled Julie into
he didnt ask for alimony or a portion building they lived in, so he could keep a state program called Community
of her 401(k) when they divorced two an eye on his wife during the day. I Access for Disability Inclusion Waiver.
years ago; he didnt want his two adult was concerned about her safety being It now pays for most of her care at the
children to accuse him of hurting their alone, he says. But Allen had bigger assisted living facility in St. Paul
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Focus On/Retirement

Litigation where shes been since May 2015.


To qualify, Julie had to be eligible for
are now required to price into their
policies a cushion designed to prevent
Social Security Disability Insurance rate increases even if their claims

Class Actions and younger than 65. (Shes 63.) SSDI


doesnt have the same means testing
are higher than they project, says
Scott Olson, an insurance agent and
as Medicaid, though applicants must co-founder of LTCShop.com.
Providers of 401(k)s, the 403(b)s prove they were employed for a period Even so, for people of modest
used by nonprots, and other prior to their disability. Tom says the means, long-term care is probably too
tax-deferred savings plans face process of getting his wife approved expensive an option. Half the people
a growing number of lawsuits took six months. who are retired today have house-
over excessive fees and poor plan When Julie turns 65, shell have to hold incomes of $40,000 per year or
design. Heres a guide to some switch to Medicaid and the normal less and not much assets, Olson says.
of the main allegationsclaims asset test will apply to Tom. In place Those people should not be consider-
likely to feature in cases to come. of an irrevocable trust, another asset- ing long-term-care insurance. Its not
Suzanne Woolley protection option he could try is an going to be very hard for them to get
immediate annuity, a type of insurance Medicaid. Lewis Braham
Excessive fees contract that provides a fixed monthly
The bottom line Trusts and annuities can help ease
Many of the recent suits allege that plan income. By spending about $50,000 to the nancial hit from Alzheimers, though they may
sponsors used higher-priced funds purchase an annuity, he would reduce be too costly for many families.
designed for individual
investors when less his assets below the Medicaid cap, and
expensive institutional get an income of about $250 a month.
versions of the same Twenty-four states, including Florida
funds were available.
During the period targeted and New Jersey, have a Medicaid
by a lawsuit against income cap of $2,199 a month for the Financial Planning
Cornell Universitys 403(b) sick spouse in a couple; no state has an
plan, some of the funds
income cap for the healthy spouse.
Living on 4 Percent
charged annual fees of 0.44 percent,
while institutional versions of the same Faced with the complexity of both Or Less
funds were available for 0.19 percent, state and federal laws, Tom says hes
according to the complaint. Cornell is
56 ghting the suit. glad he hired an elder-care attorney
 Early retirees share their secrets
with Alzheimers-related experience.
to make the money last
Too many options The Alzheimers Association main-
Suits led in August tains a directory of such attorneys on  I denitely dont want to go back
against Cornell, its website. One of the first things
Northwestern, to working in a corporation
the University of the Allens lawyer did was set up a
Southern California, health-care directive and a power The 4 percent rule is a bedrock of
and other schools of attorney designating Tom as the retirement planning. But does it apply
cite investment
lineups that ranged decision-maker for Julies medical to those who quit working before 65?
from 120 options and financial issues. At some The rule of thumb holds that retirees
(Columbia) to point I had to cancel Julies credit who spend only 4 percent of their
more than 440
(Johns Hopkins). The cards because she was using them investment portfolio annually, adjusted
complaint? Having too for goofy purchases, he says. for inflation, will be able to stretch out
many choices discourages people from The only way I could do that is if I had their savings for the rest of their life. For
participating. A January paper by Dan
Pawlisch, who leads Aon Hewitts 403(b) power of attorney. example, a $1 million brokerage account
client practice, noted that investors tend Long-term-care insurance is another gets you $40,000 a year to spend.
to freeze up when confronted with an option for some people. ( Julie Allen Lately, the 4 percent rule has been
overwhelming number of options. While
the universities have said the allegations would not be a candidate, because under assault, with experts warning
are unfounded, almost all have pared insurers wont issue a policy to that the future could bring weaker
back their plans to 30 to 40 offerings. someone already diagnosed with market returns, an increased life span,
Alzheimers disease.) When the poli- or both. If you retire at 40 with a
Company self-dealing cies first became popular in the 1990s couple million dollars, youre going to
Some complaints, focusing on and early 2000s, insurers underpriced worryabout financial emergencies,
the 401(k) plans of nancial- them. To recoup their losses, theyve taxes, inflation, market crashes, and
services companies, allege
that defendants engaged in been hiking premiums on old policies, the chance youll live a lot longer
self-dealing by including their scaling back benefits on new ones, than youd planned for, says Robert
own sometimes expensive and in some cases getting out of the Karn, an adviser with Karn Couzens &
or underperforming mutual
funds in employee plans when cheaper business entirely. Associates in Farmington, Conn.
options were available elsewhere. Some insurance experts say long- Evan Inglis, an actuary at Nuveen
Morgan Stanley and the brokerage term-care insurance remains a viable Asset Management, offers an alterna-
Edward Jones are among the companies
that have been targeted; both have said option now that changes have been tive rule: Divide your age by 20couples
the suits are without merit. made in state insurance regulations should use the younger partners age
to protect consumers. Insurers to get the percentage that you can
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safely spend. For a 40-year-old, your mind to it, I think its in reach He didnt want to have a job for
thats 2 percent, or $20,000 a year on for a lot of people. He says most 20 more years, he says. What if I
$1 million in savings. people lack the discipline, though. keel over at my desk at 56? He and
How do these concepts play out in Udo figures he and his wife can his wife, who quit her back-office job
the real world? We asked three people adjust, including working part time, at Credit Suisse in February, spend
who retired in their 30s and 40s to if some unexpected expense crops about 3 percent of their $1.5 million
explain how theyve made it pay off. up. Whatever happens, he adds, portfolio a year.
I definitely dont want to go back to Their lifestyle in Raleigh, N.C., is
working in a corporation. comfortable but not cushy. They eat
out once a month and get takeout at
other times. Theyve paid off their
The Stay-at-Home Dad modest home, in a convenient but
Joe Udo retired in 2012, at 38, after lower-middle- to middle-class area in
spending 16 years as a computer The Accountant the city. Their cars were usually the
hardware engineer at Intel and saving Before Sydney Lagier retired in 2008, oldest cars in the parking lot at work.
aggressively. He and his wife, a human at 44, she set up an elaborate spread- They dont clip coupons but do look
resources professional, performed sheet to take her and her husband for sales. I guess you could say we
a two-year test run in which they to age 100. Every quarter since, the have inexpensive tastes and desires,
supported themselves on her salary couple, both certified public accoun- McCurry says. But were not mini-
alone while meticulously tracking tants, review their spending and invest- malist by any means.
their spending. ments. Eight years later, everythings He has a smartphone, two high-
Financial planners typically recom- on track, despite the global financial definition TVs, and a PlayStation
mend that you save enough to replace crisis. I figure if I kept my cool during system. His three kids each have a
80 percent of your preretirement the worst recession of my lifetime, I tablet. Any kind of electronics we
income, but Udo says his family lives can probably weather any storm now, need, we have, he says, even if some
comfortably on less. They spend about says Lagier, who lives in Redwood City, are secondhand.
$50,000 a yearfrom his wifes earn- Calif. She and her husband, whos also McCurry does some consulting
ings, dividends from stocks, rental retired, spend just under 3 percent of work seems to chase me down, he
58 income, and what Udo makes from a their portfolio each year. At that pace, saysand makes $1,000 to $2,000 a
blog where he chronicles his retire- she says, their money will carry them month blogging about financial inde-
ment experience. Right now we through age 102. Lagier declined to give pendence. The rest of his income
have plenty of padding in our life- further details on her finances. comes from a portfolio thats almost
style, he says. Our income is more Lagier has several safety nets in 100 percent stocks. Equities histor-
than our expenses. They have about place, in case some event throws off her ically provide higher returns than a
$1.4 million in a brokerage account and planning: The couple try to keep two mix of stocks and bonds, but theyre
rental properties worth $600,000. or three years of cash on hand, enough also more volatile: The value of
Udos wife plans to retire by 2020, to be able to ride out a 2008-style melt- McCurrys portfolio shrank $70,000
if not sooner. In the meantime, the down without selling stocks. The equity in one day in June, after Brexit led the
couple continue to sock away money, in their homeworth about 21 times markets to swoon. You do have to be
including $400 a month in a 529 their annual expensesprovides peace comfortable with, and understand,
college savings plan for their son. Udos of mind. And if all else fails, about the potential for huge losses in the
plan is to keep a tight lid on spending 40 percent of their budget is made up of stock market, he says.
until he reaches 55. His son will have entertainment, clothing, vacations, and McCurry, his wife, and their chil-
graduated from high school by then, eating out, all of which they could cut. dren recently took their annual
which will free the couple to travel Lagier tried working part time for a summer road trip to Canada in the
more. Still, Udo says theyll be careful while but didnt enjoy it: There was family minivan. Its a monthlong
not to let their annual spending rise to so much I wanted to be doing that I adventure they could never indulge in
more than 4 percent of their portfolio. wasnt getting time for. Now she keeps if they were employed full time.
Then, at 65, Udo will start collecting busy taking piano lessons, exercising, He advises flexibility, even while
Social Security, which should ease the and writing a book about retirement. being disciplined about spending. It
pressure on their nest egg. Her husband is learning the acoustic seems like very few people follow the
Its not really stressful at this guitar, and the pair regularly head into 4 percent rule strictly, McCurry says.
point, because everything is going San Francisco to listen to live jazz. People tend to spend more when
really well, Udo says, alluding to the times are good and spend less when
buoyant stock market. Hes hoarding times are bad. Ben Steverman
cash on the chance he can buy stocks
The bottom line Three couples have made early
when prices dip, as he expects they retirement work by spending less than 4 percent
will: It seems like the stock market The Road Tripper of their investment portfolios each year.
valuation is pretty high right now. Justin McCurry is a 36-year-old
Early retirement isnt for every- transportation engineer who hasnt Edited by Cristina Lindblad
one, Udo says. But if you really put worked full time in three years. Bloomberg.com
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Te

AccuVote-TSX machines at the San Diego Registrar of Voters


In
Crappy,
Six days after Memphis voters went to the polls last October
to elect a mayor and other city officials, a local computer pro-
grammer named Bennie Smith sat on his couch after work to
catch up on e-mail.
The vote had gone off about as well as elections usually do in
Memphis, which means not well at all. The proceedings were full
of the technical mishaps that have plagued Shelby County, where
Memphis is the seat, since officials switched to electronic voting
machines in 2006. Servers froze, and the results were hours late.

,
But experts at the county election commission assured both can-

g y
didates and voters that the problems were minor and the final

Bug e
tabulation wasnt affected.
That story might have held up if Smith, a financial software
developer and church organist, hadnt been conducting an
election night experiment. In his free time, Smith crunches
voter-turnout data with programs hes written to help local pol-

t
iticians target their direct-mail campaigns. Like Smith, most of

le
his clients are black, and he had bet a friend 10 candy bars that

o
the polling place at Unity Christian Church, a black congre-

bs
gation a mile from Graceland, would have a big turnout. The

O ing y
precinct, No. 77-01, is a Democratic stronghold and has one of
the largest concentrations of African American voters in a city
known for racially fractured politics. Smiths guess: 600 votes.
When the polls closed at 7 p.m., he was at Unity Christian

t
and snapped some photos with his BlackBerry of the pre-
cincts poll tapeliterally a tally of the votes printed on

o
V olog
white paper tape and posted on a church window. Since
the printouts come directly from the voting machines at
each location, election officials consider it the most trust-
worthy count. According to the tape, Smiths guess was
close: 546 people had cast ballots.
When he got an e-mail a week later with Shelby Countys

n
61
first breakdown of each precincts voting, he ran down the list

h
to the one precinct where he knew the tally for sure. The count

t
for Unity Christian showed only 330 votes. Forty percent of the

c
votes had disappeared.

e s
If youre an election official, losing votes is a very big deal,
but it presents a special problem in Tennessee. Most coun-

T We ru
ties in the state dont keep paper records of ballots, so there
are no physical votes locked in a room somewhere, ready to
be recounted.
When underperforming voting equipment in Florida nearly
created a constitutional crisis in the 2000 presidential race,

T
officials at least knew what went wrong. The aging Votomatic
machines were supposed to be cleaned regularly, which election
officials in several counties failed to do. So when voters choos-
ing between Al Gore and George W. Bush inserted their readable
punch-card ballots into the devices, they often created a half-
punched piece of chaff rather than a clean cut, and entered
Remember when everyone hated the term hanging chad into the American political lexicon.
Shelby County uses a GEMS tabulatorfor Global Election
hanging chads and wanted Management Systemwhich is a personal computer installed
c o m p u t e r i z e d v o t i n g ? with Diebold software that sits in a windowless room in the
countys election headquarters. The tabulator is the brains
Seemed like a good idea at the time of the system. It monitors the voting machines, sorts out
which machines have delivered data and which havent, and
tallies the results. As voting machines check in and their votes
are included in the official count, each machines status turns
B y M i c h a e l R i l e y , green on the GEMS master panel. A red light means the upload
has failed.
J o r d a n R o b e r t s o n , At the end of Memphiss election night in October 2015, there
and David Kocieniewski was no indication from the technician running Shelby Countys
GEMS tabulator that any voting machine hadnt checked in
Photographs by Julian Berman or that any votes had gone missing, according to election
S m i t h
commission e-mails obtained by Bloomberg Businessweek. Yet as
county technicians followed up on the evidence from Smiths
poll-tape photo, they discovered more votes that never made
it into the election night count, all from precincts with large
concentrations of black voters.
For the members of Congress, who in 2002 provided almost
$4 billion to modernize voting technology through the Help
America Vote Act, or HAVACongresss response to Bush v.
Gorethis probably wasnt the result they had in mind. But
voting by computer has been a technological answer in search
of a problem. Those World War II-era pull-lever voting machines
may not have been the most elegant of contraptions, but they
were easy to use and didnt crash. Georgia, which in 2002 set
out to be an early national model for the transition to comput-
erized voting, shows the unintended consequences. It spent
$54 million in HAVA funding to buy 20,000 touchscreen voting
machines from Diebold, standardizing its technology across
the state. Today, the machines are past their expected life span
of 10 years. (With no federal funding in sight, Georgia doesnt
expect to be able to replace those machines until 2020.) The
vote tabulators are certified to run only on Windows 2000,
which Microsoft stopped supporting six years ago. To support
the older operating system, the state had to hire a contrac-
tor to custom-build 100 serverswhich, of course, are more
vulnerable to hacking because they can no longer get current
security updates.
After California declared almost all of the electronic voting
machines in the state unfit for use in 2007 for failing basic
security tests, San Diego County put its decertified machines
in storage. It has been paying the bill to warehouse them ever
since: No one wants to buy them, and county rules prohibit
62 throwing millions of dollars worth of machines in the trash bin.
This muddle is about to collide head-on with one of the most
incendiary presidential campaigns in modern U.S. history, one
in which the candidates have already questioned whether votes The voting technology business, after a frenetic decade of
will be counted properly. Donald Trump warned supporters mergers, acquisitions, and renamings, is dominated by just a
in Columbus, Ohio, on Aug. 1 that wed better be careful, few companies: Election Systems & Software, or ES&S, and
because that election is going to be rigged. Hillary Clinton and Dominion Voting Systems are the largest. Neither has much in
top Democrats have accused Russia of trying to manipulate common with the giants of computing. Apple, Dell, IBM, and
the election by hacking. FBI Director James Comey, testifying HP have all steered clear of the sector, which generates, accord-
before Congress on Sept. 28, said that states should be vigilant ing to an analysis by Harvard professor Stephen Ansolabehere,
against online intrusions because theres no doubt that some about $300 million in annual revenue. For context, Apple gen-
bad actors have been poking around. erates about $300 million in revenue every 12 hours.
The real threat isnt a thrown election. Nationwide electoral During the dramatic Florida recount, Mark Earley was an
fraud would be extremely difficult to pull off, mostly because election official in Leon County, which is mostly made up of
votes in the U.S. are tallied by more than 7,000 counties and the city of Tallahassee, the state capital. That put Earley at the
townships. Hacking enough of them to tip the balance would center of a global spectacle, in charge of counting the 103,000
be a monumental undertakingand one certain to be detected. votes in the county, which were cast on optically scanned
(Tabulators are designed not to be connected to the internet ballots, a novelty then. State troopers armed with machine guns
at all.) Rather, the risk is a violation of trust: that Election Day stood outside the courthouse, protecting the proceedings from
mishaps borne of outdated, poorly engineered technology crowds of screaming protesters and international TV crews.
will confirm and amplify the fear pervading this campaign. In Earley knew the controversy would create a big opportu-
Shelby County, multiple lawsuits over the past 10 years have nity for voting tech companies, and they began hiring local
alleged that voting machines and computerized tabulators have officials like him. Sandra Mortham, a former Florida secretary
been used to steal or suppress votesdeepening the distrust of of state, was hired by ES&S, based in Omaha. (Mortham also
a system some locals see as stacked against them. represented the Florida Association of Counties, and before
Smith was never one of those. His energies went into build- long ES&S was the only voting system endorsed by the associ-
ing data analytics that candidates would need if they wanted ation.) Earley took a job at Global Election Systems, a smaller
to stop complaining and get elected. But after the votes disap- Canadian company that he thought had better products.
peared from Unity Christian last October, something changed. Global Election Systems, with U.S. offices in McKinney,
I kind of knew this would be a place where this could happen, Texas, was sold to Diebold in 2002, as companies merged to
but this morbid feeling came over meare you serious? he chase the HAVA billions. Earley went to Diebold as well, where
remembers thinking. Is this how politics is supposed to work? he liked the travel and the chance to share what hed learned
Is anybodys vote safe? with officials in other states. But this was no Silicon Valley, with
its stock options and office juice bars. Managers at Diebolds Election officials now have more ways than ever to screw up
election division in McKinney went to CiCis Pizza for the all- a vote. South Carolina elections are run on ES&S machines that
you-can-eat buffet. You had to try and go when it was busy use cartridgeslike the ones for old Nintendo game consolesto
that way they had to keep replacing the food, Earley says. transfer votes to a tabulator. Poll workers put the cartridge in a
Otherwise it got cold and stiff. slot in the machine at the start of voting; after polls close, all car-
By 2006 every state but New York had dumped their pull- tridges must be delivered to the tabulator room, where theyre
lever and punch-card machines in favor of computerized voting. plugged in and their data downloaded. In 2010 workers at two
The voting tech vendors rushed systems to market, often without precincts in the state capital of Columbia mixed up cartridges
adequate testing, to meet procurement deadlines set by hun- and lost 1,127 votes, or almost two-thirds of the precincts total.
dreds of counties and states. According to Earley, the systems Ohio Secretary of State Jennifer Brunner sued Diebold fol-
often had software flaws or too little memory, problems the lowing the 2008 primaries after 11 counties using the companys
companys executives figured could be fixed later. AccuVote-TSX voting machines and GEMS tabulator dropped
Before Global was sold, Earley says, its executives were votes. The company claimed the problem was the result of the
frantically trying to solve the problem of recurring revenue. antivirus program the counties were using. After a 10-month
Consumers were willing to replace mobile phones or comput- fight, Diebold conceded the lost votes were the result of a soft-
ers every two or three years to get the latest features, creating ware bug. The bug was fixed in later versions, and more than half
big profits and fast innovation cycles. County buyers wanted of Ohio counties received free or discounted voting machines
electronic voting machines to last a decade or more. Earley and software as part of the settlement.
believes Global ran into trouble because its products were too This is the strangest niche of IT that Ive ever come across,
reliable, so there were too few returning customers. says Merle King, executive director for the Center for Election
He says the competition solved the revenue problem by Systems at Georgias Kennesaw State University, which runs the
focusing less on making equipment and more on long-term states vote machine testing program. Whatever you think you
contracts. It was an enhancement of the old razors-and-blades know about IT, you have to check it at the door. Its legacy stuff,
strategy: Sell the razors cheap and make money on the blades, but its legacy in weird ways. This is legacy stuff that as you start
and make even more money by making the razors so hard to to tease it apart goes back decades.
use that customers pay you to give them a shave. When Allen With little chance of another infusion of federal funds from
County, Ohio, replaced its old voting machines in 2005 with a constipated Congress, the industry consolidated some more.
equipment from ES&S, officials didnt realize theyd also be Diebold rebranded its elections division as Premier Elections
stuck with a service fee of $40,000 per year to help run an Solutions in 2007, then sold the business two years later to ES&S.
election system that handled about 70,000 votes. When we Antitrust action by the U.S. Department of Justice forced ES&S
found out the cost, our jaws just about hit the floor, says Ken to sell some of those assets to Toronto-based Dominion.
Terry, who was election director there until this year. What the industry hasnt done is invest much in updating the 63
To top it off, Terry discovered that the county was paying top hardware on which millions of Americans will cast their votes
dollar for antiquated technology. It wasnt until the machines in November. In conversations with officials at statehouses and
were purchased, and in place, that county officials realized their county offices, the device makers often point fingers at the same
new system ran on software written in 1996. After counting federal law that greatly expanded the market for digital voting
paper ballots with an optical scanner, the data had to be trans- in the first place. HAVA created the U.S. Election Assistance
ferred to a server using Zip drivesa storage format developed Commission, which sets federal standards for computerized
when pagers and AOL dial-up were still in vogue. When Allen voting equipment that most states use as a benchmark. Those
County tried to replace the disks in 2012, they were so hard to standards havent changed much since 2005.
find that officials had to ask ES&S for a set. They were in this Whoever is to blame, the result is that many of the old systems
shrink-wrapped package, Terry says, and when we opened were simply repackaged as they passed from one company to the
it, there was a coupon that expired in 1999. next. Even a cosmetic upgrade was too much in some cases. On
ES&S declined to be interviewed for this story but pro- its website, ES&S displays a picture of its AccuVote-TSX touch-
vided written answers to screen voting machine. Emblazoned on the front of the machine
questions. Kathy Rogers, is the name Diebold, a company that stopped making voting
senior vice president for equipment seven years ago. (ES&Ss Rogers says its agreement
government relations, with the Justice Department allows the company to sell AccuVote
wrote that many local only to customers who already use them.)
election officials are sat- In 2014 a presidential commission that assessed the state of
isfied customers who voting technology, interviewing hundreds of local election offi-
see digital voting as a big cials over two years, issued a devastating judgment in its final
improvement over the report: Jurisdictions do not have the money to purchase new
old-fashioned kind. The machines, and legal and market constraints prevent the devel-
company stands by the opment of machines they would want even if they had funds.
performance record of
its equipment and ser- The AccuVote-TSX touchscreen voting machines used in Shelby
vices. At ES&S we place County are essentially folding easels with a computer screen.
as much emphasis on sus- They stand about 5 feet tall, weigh about as much as a hibachi
tainability of currently grill, and record votes on a removable data card about the size of
fielded systems as we a credit card. When the polls close, the votes from the five or six
do on development and machines at a typical polling place are totaled and printed on a
research of new systems, tally tape, which is posted somewhere visible. The cards are
she wrote. then sealed in a clear security bag and driven to one of six
H a l b e r t
to the top vote-getter, who is white, by a slim margin, 1,367 votes.
Herman Morris, then the Memphis city attorney, sent out
an e-mail the following day congratulating election officials on
quickly resolving the nights various crises and noting that, not-
withstanding the intense media scrutiny, harassment, bias and
spin, you all performed magnificently.
That was before Smiths smartphone image of the Unity
Christian vote count surfaced. Smith grew up poor in the citys
College Park neighborhood, a high-crime stretch of single-family
homes in north Memphis. As a kid, he managed to stay out of the
violence that engulfed his family and friends, reading Malcolm X
and tinkering with toy trains and other electronics. Smith even-
tually moved into a gated community, raising three girls, but he
never lost the habit of questioning authority and this knack for
the rubfiguring out why things didnt line up.
He decided to show the poll tape to Norma Lester, a friend on
the election commission. The photo, which Smith gave Lester on
Oct. 17, the week before commissioners were scheduled to certify
the election, was smoking-gun proof that the votes had disap-
peared somewhere between Unity Christians voting machines and
the GEMS tabulator that spat out the official election night tally.
What the countys election administrators did with that
information isnt entirely clear, mostly because the county has
decided not to clarify it. Shortly after the election results were
certified, Halbert filed a lawsuit over irregularities in the tally,
and an attorney representing the election commission cited the
legal action in explaining that officials wouldnt comment about
anything that happened that night.
Internal e-mails and other documents related to the Oct. 8
election were given to Bloomberg Businessweek by Carol Chumney,
a local attorney, who got them through a series of open records
64 requests. They show that Joe Young, Shelby Countys deputy
upload centers, where theyre individually inserted into a trans- administrator of elections, went hunting for answers shortly after
mitter and the data sent to GEMS over a closed network. Lester got Smiths poll-tape photo. He looked at server logs and
At 7 p.m. on Oct. 8, 2015, the polls for Memphiss municipal other data that gave a picture of how GEMS operated on elec-
elections closed, and tallies began rolling in to Shelby Countys tion night, and he found the problem was much worse. At first
election operations center, a wide building on the eastern outskirts it looked like votes were missing from not just one precinct but
of the city, across from a county penal farm ringed with concer- 20. After more investigation, he appeared to narrow that number
tina wire. The problems began almost immediately. to four. Not all of the precincts are named in the e-mail, but a
About 15 minutes into counting, votes stopped coming into master record for the voting machines shows missing uploads at
the GEMS tabulator from the precincts. Shelby County was using four polling places on election night, all in areas with large con-
two GEMS databases that night instead of one, a troublesome centrations of black voters. Three are located at black churches:
configuration because each memory card can upload only to the Mt. Zion Missionary Baptist, Mississippi Boulevard Christian,
database it was programmed on for security reasons. Problems and Unity Christian; the fourth is at Gaston Park, a community
merging the two sets of data created at least a two-hour report- center in a mostly black neighborhood south of downtown. The
ing delay that night, according to a postelection analysis by weird thing is, the GEMS system recognized at least some of
ES&S. But by 8:45 p.m. the system was up and running again. the missing votesstored on the memory cards of seven voting
The county also happened to be using new software to post machinesas already counted when officials tried to reload them
results to the web, which is a different program than the one that on Oct. 19, according to an e-mail exchange between Young
calculates the official tally. A worker copying the wrong file in and operations manager Darral Brown. But it was clear from
the race for city clerk of court published the wrong vote count, Smiths poll tape and other data dug up by Young that they hadnt
which stood uncorrected until around 9 p.m. been. In all, 1,001 votes had been dropped from the election
Watching from Fitzgeralds Cigar Lounge, Wanda Halbert, a two- night count, according to the master record, including almost
term city councilwoman, was munching on a deviled egg when 400 from an early voting center at Mt. Zion, the most from any
officials corrected the numbers. Halbert had left her City Council single polling place.
seat to run for clerk, a job that oversees the collection of some $5 Young wasnt rewarded for his effort. In fact, on Oct. 19 he got
million in traffic fines handed out annuallyreal power in Memphis. a sharp rebuke from his boss, Shelby County Administrator of
She and her supporters were stunned as the top three candidates Elections Richard Holden, who had asked Young to investigate
vote totals suddenly changed, dropping her into second place. a separate issue. Holden refused repeated interview requests
Climbing into a friends car, Halbert sped to the county elec- by phone, e-mail, and in person.
tion commissions offices, where she cursed out officials and Discussion of the missing votes stops in the e-mails after
demanded answers. The profane exchange was caught by a local that. Theres no indication the county looked further into how
TV news crew before Halbert calmed down. She stayed until the the votes got lost or why the GEMS system failed. One other
final results were tallied around 2 a.m. Halbert, who is black, lost thing Holden and Young didnt do: They didnt explain how
E a r l e y
versions outside Ohio, and for counties to do so on their own
was expensive. Some counties in Virginia and Georgia still use
the problem software, as well. But they employ special proto-
cols to make sure that votes arent dropped, officials in both
states say. In Georgia, that includes comparing tabulated pre-
cinct results with each physical poll tapeessentially replicat-
ing Smiths experiment, but for every precinct in every county.
Tennessee law requires counties there to do it as well, but
Shelby County stopped the practice several years ago to save
money, according to a deposition in an earlier election lawsuit.
The process was replaced with an audit of 10 percent of polling
places, which failed to catch any problem with the October
vote. The countys election commissioners were also not told
that Shelby uses a version of GEMS known to lose votes, Tate
says. Im shocked and baffled as to why that information was
not disclosed to us, he says.
For Smith, who prides himself on being sober and analytical,
its tough to know what to think. Its certainly odd that the missing
votes were all in areas with high concentrations of black voters.
What is clear, he says, is that local officials didnt try to get to the
bottom of the problem, or figure out whether its also occurred in
past elections, or determine what elections over the past several
years might also be compromised. If these problems were affect-
ing white votes, Smith says, thered be some smoke in the city.

Following every major election since introducing computerized


voting six years ago, Shelby County has been sued, often with
the defendants alleging some version of election fraud through
hacking or data manipulation. So far, none of the defendants
has been successful.
Before running for city clerk, Halbert spent 25 years as an
administrative assistant at FedEx and eight years on the City 65
widespread the problem was to the five county election commis- Council. Shes now cleaning houses, trying to earn enough on
sioners, according to Commissioner Anthony Tate, one of two top of her savings to fund her lawsuit, which alleges that prob-
Democrats on the panel. As far as the five commissioners knew, lems with Shelby Countys election systems date back at least a
the only precinct with missing votes was Unity Christian; not decade and are pervasive, severe, chronic, and persistent. The
three other precincts, too. If they had been informed of the full only attorney she could afford is a personal injury lawyer; Shelby
scale of the fiasco, Tate says, he wouldnt have voted to certify County is represented by John Ryder, a local attorney whos also
the election along with the other commissioners on Oct. 23. general counsel for the Republican National Committee and
Given that this is Memphis, where the political history is one of the most high-powered election lawyers in the country.
fraught with a legacy of election tampering and cronyism that We just have to stop this happening in Shelby County, says
favored wealthy, white elites, it would be easy to conclude that Halbert. If I did lose, I want it to be fair and square. We really
something nefarious was going on. Thats what Halberts lawsuit dont know who the hell won the election.
is seeking to prove. King, the Kennesaw professor and an expert The case was going Halberts way, at first. In early filings, the
in GEMS software, says the answer is probably much simpler: Its county conceded some of the software it uses is so old or obscure
what happens when hard-to-use technology is deployed sloppily. it doesnt even know who makes it. The suit stalled in May, when
Shelby election officials added the votes after the fact, using District Court Judge Jim Kyle abruptly recused himself, citing
the data on the memory cards located the day of Youngs search. that his wife is running for office in November. A new judge was
Around 300 votes were added on Oct. 19 and an additional appointed in July, but Halbert says shes running low on money.
700 or so over the next two weeks, according to a master tabu- Shelby County officials say theyre exploring whether to buy
lation report which was also obtained by Chumney. In the court new voting machines, but replacing all of them would cost about
clerks race, the missing votes were divided among four African $20 million. Linda Phillips, the countys new administrator of
American candidates, including Halbert, who gained 225 votes elections (Holden, who oversaw the October election, retired at
on the winner, not enough to change the result. the end of last year), said in a local TV interview that the current
It may never be possible to say exactly what went wrong system needs only small changes, mostly voter education about
on election night last October, since officials in Shelby County confusing ballots. The basics are there, Phillips said.
didnt conduct a public investigation, but one possibility stands Reverend Eric Lowell Winston, pastor at Mt. Zion, the polling
out. Among the documents released to Chumney is a users place where the most votes were lost in October, says elec-
manual for the countys version of GEMS. It shows theyre using tion officials have already lost the trust of many black voters
a version of the software that contains the bug known to drop in Memphis. Not having a clear answer for what happened, or
votes, the subject of that 10-month investigation in Ohio in pretending the problem doesnt exist, only feeds suspicion. I
2008. The software flaw creates exactly the situation described think it insults the intelligence of our community, he says. As
in the e-mails by Young and other officials, one that has been if we dont see or understand. But we do understand, we under-
well-known for eight years. Diebold didnt replace the flawed stand perfectly well whats going on. 
66
V
PHOTOGRAPH ILLUSTRATION BY CREDIT TK
P S
LIBYA
A
BY
MATTHEW
CAMPBELL
& KIT
CHELLEL

67

WHEN WALL STREETS


MOST AGGRESSIVE BANK
TOOK ON THE WORLDS
MOST INCENDIARY CLIENT
PHOTOGRAPH ILLUSTRATION BY CREDIT TK
MOAMMAR QADDAFIS LIBYA
WAS A MISERABLE PLACE
FOR A BUSINESS TRIP.
In 2008, a few years after renouncing its nuclear and chemical
weapons program, the desert nation remained a menacing and Tower, a two-pronged structure of stupendous ugliness that
ugly place, with cratered highways, awful restaurants with no loomed over Tripoli in a style that might be called totalitarian
booze, and Qaddafis leathery visage everywhere, staring bale- postmodern. The LIAs offices were on the 22nd floor. Usually,
fully down from billboards. The dreary capital, Tripoli, sat at Kabbaj was shown right in, but this time he and Pentreath were
the edge of the Sahara, in the least barren sliver of a country kept waiting for what felt like hours, watched over by an over-
defined in the West by dictatorship, terrorism, and billions of size portrait of Qaddafi in military garb. Something wasnt quite
dollars worth of oil. right. Finally, as Kabbaj was called into a boardroom next to
Goldman Sachss Youssef Kabbaj was one of the few that Zartis office, he recognized three bankers from the French bank
enjoyed the commute. A securities salesman based out of Socit GnraleGoldmans main rival for the LIAs cash. He
the banks London headquarters, Kabbaj found that Libya saw with alarm that they were holding term sheets for Goldman
reminded him of his native Morocco, and he considered the deals and grinning at him as he walked past.
ruins in Tripolis old quarter enchanting. The city had a single Kabbaj steeled himself and began to address Zarti. The LIAs
decent hotel, the Corinthia, a crescent hulk the color of sand, day-to-day chief was 38, with plump features, thinning black
and that year Kabbaj was such a frequent guest that he stored hair, and a Marlboro Red forever at his lips. He glowered as
a rack of pressed suits there at all times. With slick black hair, Kabbaj said that Goldman had some great new trading ideas.
round cheeks, and a mischievous smile, he was fluent in English, Zarti cut him off, saying he wanted to talk about deals that had
French, Arabic, and the language of international finance. already been done. Kabbaj started drawing on a whiteboard,
Qaddafis peaceful turn had reopened Libya to Western running through basic concepts like how options could be in
68 banking for the first time in two decades. Its $60 billion in the money or out of the money, and Pentreath began a tech-
oil wealth, no longer dammed up by international sanctions, nical explanation of the derivatives.
was ready to flood into the market, as directed by the Libyan Zarti again interrupted. Youssef, he said, Im asking you.
Investment Authority, Qaddafis brand-new sovereign wealth Before Kabbaj could say much more, Zarti exploded. Screaming
fund. With his North African pedigree, Kabbaj had been one in a mix of English and Arabic, he accused Kabbaj of deceiving
of the first at Goldman to spot the opportunity. The LIA had the LIA into deals it didnt understand. He called Goldman a
become his biggest client, transforming him in a year from bank of Mafiosi and said that he could behave like a Mafioso,
rookie salesman into possibly the No. 1 rainmaker at the worlds too. He stormed out of the room, leaving Kabbaj, Pentreath,
most profitable investment bank. He was 31 years old. and a clutch of LIA staffers in a Marlboro haze.
On July 23, 2008, Kabbaj was in his room at the Corinthia, Shaken, Kabbaj asked Zartis aides what had just happened.
waiting anxiously for his mobile phone to ring. It finally did None had an answer. After a few minutes, Zarti burst back in,
around 9 a.m., and he grabbed a pen and paper to take notes. angrier than ever. Catherine McDougall, an Australian lawyer
On the line was Michael Daffey, a senior Goldman executive in who was in the office that day, later recalled Zartis words as
London. Daffey praised Kabbajs work in Libya and said that along the lines of F--- your mother, f--- you, and get out of my
after some negotiation, the bank was willing to guarantee him country. Kabbaj and Pentreath packed up their things.
$9 million in pay. It was an astonishing sum, even at Goldman. Zarti followed them into the corridor. If Kabbaj didnt
Kabbaj immediately asked for more. He knew hed been make amends, he shouted, we will go after your own family
instrumental in extracting an unusual amount of money in Morocco! The Al-Fateh Tower elevators were agonizingly
from a highly unusual client. Who else on the planet could slow to arrive. What are you still doing here? Get out of my
sell a billion dollars of derivatives to a regime whose theatri- building! Zarti screamed. He told Pentreath that if he didnt
cal despot slept in a tent under an all-female warrior guard? get in the lift soon, hed throw him out the window.
By now Kabbaj was running late, and Nick Pentreath, a South Kabbaj was white with shock. Zarti had saved his most chill-
African colleague on one of his first trips to Libya, was knocking ing remark for him. You are only a Moroccan here in Libya,
on his hotel room door to hurry him up. Theyd been summoned he said. I can make you disappear, and nobody will ever hear
to a late-morning meeting by the LIAs deputy chief executive, back from you.
Mustafa Zarti, a Qaddafi family friend. Zarti kept a ceremonial The story of Goldmans seduction of Libyabased on court
sword mounted above his deskand was rumored to wave it evidence, testimony from witnesses, and interviews with people
around before visitors who displeased him. The markets were who were involved in the transactionsis as brief as it was costly.
scary enough that summer. Bear Stearns, an American invest- Barely 12 months elapsed between Zartis first tour of the bank
ment bank, had collapsed in March, and there were rumors and his threat to murder its brightest young star, and Libya
that Lehman Brothers could be next. Zarti wanted Kabbaj to wound up losing $1.2 billion. Goldman enjoyed its payday, the
give him an update on Libyas portfolio at Goldman. exact size of which it has never disclosed. But whatever the level,
Pentreath and Kabbaj took a short taxi ride to the Al-Fateh
GOLDMAN SACHS
NICK
PENTREATH
SECURITIES SALESMAN

DRISS
BEN-BRAHIM
PARTNER

YOUSSEF KABBAJ In 1969, while Libyas U.S.-allied king was out of the country,
SECURITIES SALESMAN a strikingly handsome young military officer pulled off an ambi-
tious coup. Initially, Moammar Qaddafi ruled as a garden-variety
Arab nationalist, like those whod recently taken over Egypt, Iraq,
and Syria. He gradually became more erratic, writing checks
to the Black Panthers and Red Brigades and declaring himself
supreme leader of the Great Socialist Peoples Libyan Arab
Jamahiriya. By the 1980s, Qaddafi seemed to relish his image as a

LAURENT villain out of a Chuck Norris movie, blamed for a Berlin nightclub
bombing, targeting U.S. servicemen in the region, and downing
a Pan Am jet over Scotland, killing 270 people. Ronald Reagan
LALOU called him the mad dog of the Middle East, an image that stuck
even as Qaddafi extended his canny rule into the 21st century.
VICE PRESIDENT, U.S.-led sanctions steadily crippled the Libyan economy.
SALESMAN Then, in 2003, Qaddafi watched American troops invade Iraq
and drag a filthy Saddam Hussein out of a spider hole. A few days
later, Qaddafi offered to give up Libyas WMD programs. Eager
to reward good behavior, the U.S. eased sanctions, restoring
full relations in 2006. Qaddafi might have been a brutal tyrant
PREVIOUS SPREAD: ILLUSTRATIONS BY 731; BASED ON PHOTOS: MAX ROSSI/REUTERS (QADDAFI);

who forced citizens to study his Green Book, but he was abruptly
a man the West could do business with. So complete was the
reversal in his fortunes that on one visit to New York he struck
a deal to pitch his Bedouin tent on the Westchester County lawn
the matter is now before a London judge, and the Libyans of Donald Trump.
have a chance to extract an even more damaging toll. The reemergence of Libya, and its vast oil wealth, coincided
with an era of nearly unbridled avarice on Wall Streetand
For 65 million years, a mile beneath whats now the Libyan nowhere more so than at Goldman Sachs. The same year that
Desert, the supercompressed remains of billions of dino- Qaddafi established the LIA, Goldman posted the largest profit
ERIC PIERMONT/AFP/GETTY IMAGES (BLANKFEIN)

saurs, plants, and other Cretaceous organisms have been in Wall Street history. The bank paid employees an average of
gently cooking into crude. Human ancestors were using tools $622,000, with many times that amount available for bankers
in the region 200,000 years ago, and early civilizations came who nailed down the biggest deals. A stupendously wealthy petro
to be conquered in turn by the Phoenicians, the Greeks, the state desperate to buy into a bull market was a dream clientthe
Romans, and others in a chain of foreign rule that reached the kind of elephant, in Goldman argot, that could make careers.
modern era. Italy relinquished Libya after World War II, and Kabbaj joined Goldmans London office in 2006. Born
the nation declared independence in 1951. Eight years later, to a wealthy Rabat family, hed attended the elite Lyce
Western drillers struck what remain the largest oil reserves Louis-le-Grand in Paris, going on to a degree in engineering
in all of Africa. at MIT. Goldman hired him after a stint at a Moroccan bank,
initially offering Kabbaj a job as one of its quantsthe math
whizzes who devise algorithmic trading strategies behind closed MUSTAFA
doors. He insisted on a role in sales, convinced he could climb
the ladder faster by being close to clients. The only available ZARTI THE LIA
post was on a team covering Africaat the time, a backwater DEPUTY CHIEF
within the firm that generated next to no revenue.
Kabbaj was one of the first to realize that to make big money EXECUTIVE
in Africa, Goldman would have to tap Libya, telling a colleague
in February 2007 that its wealth fund was one of our key pros-
pects. He cold-called the LIA and was told that Zarti was due
in London soon and would listen to what Kabbaj and his col-
leagues had to say.
Zartis background underscored the essential weirdness of
doing business in Libya, where there were few private compa-
nies and credit cards didnt exist until 2005. Before coming to
the LIA, hed worked at a fund run by OPEC and led a modest
tuna-fishing concern. He also happened to be a close friend of
Saif Qaddafi, Moammars son, which in Libya was the best pos-
sible qualification for a government job. Zarti favored Italian
suits in loud colors, paired with chunky watches from Audemars
Piguet, and he was often accompanied at meetings by his elegant
assistant Sofia Wellesley, the aristocratic granddaughter of the
Duke of Wellington, who would make introductions and smooth
out Zartis rough manners. (Zarti declined interview requests
sent through a spokesman.)
Zarti and Wellesley were given the VIP treatment when they
arrived at Goldmans Fleet Street offices on the afternoon of
July 6, 2007, waved past security and escorted onto the trading SAIF
floor by Kabbaj. The Libyan seemed awed by the cavernous
space, clanging with the noise of late-day trading. Zarti kept
asking if he could smoke and kept getting told he couldnt. After
QADDAFI
MOAMMARS SON AND
70
0 the tour, he was led into a glass-walled office to meet Goldman
partner Driss Ben-Brahim. Tall and charismatic, with dual HEIR APPARENT
Austrian and Moroccan citizenship, Ben-Brahim was well-
known in the Arab world thanks to reports that hed been paid
a 30 million ($54 million) bonus in 2004. (Goldman denied the Qaddafi himself, who communicated with the LIA through mis-
story at the time.) Ben-Brahim gave Zarti a sense of Goldmans sives transcribed by a man known as Qaddafis quill, wanted
scale: It had 26,000 employees, $69 billion in revenue, and large, quick returns to support state spending.
$9.5 billion in profit. Zarti said, So if you had a flag, youd be Investment opportunities with this account is [sic] one of
a country. Pleased, he invited Goldman to come to Libya to the largest Ive ever seen, Goldman partner Yusuf Aliredha
talk about whether the LIA should make some small appe- wrote afterward. We are all over them. Goldman wanted to
tizer investmentssomething in the region of $100 million strike quickly, as other firms began to notice the giant pot of
to $200 million. money in Libya. The day Goldman arrived, Wellesley noted in an
e-mail that there are private jets blocking Tripoli International.
Soon after, a group of Goldman bankers converged on Tripoli, Ben-Brahim was on vacation in the south of France later in
including Ben-Brahim; Kabbaj and another salesman, Laurent July when Zarti got in touch, asking him to meet on a yacht that
Lalou; and Edward Eisler, a senior trader. On the ground, Libyan had just pulled into Cannes from Saint-Tropez. As Ben-Brahim
officials confiscated a bottle of wine intended as a gift. Alcohol climbed aboard the vessel, he realized that it belonged to Saif
was banned in Qaddafis Libya, and speed limits didnt really Qaddafi, the colonels heir apparent, who had an international
exist, as the bankers learned on a white-knuckle ride into town, reputation as Libyas reformer-in-chief. After the three men
their local drivers tearing down the decrepit roads at more spoke, Ben-Brahim thought there could be even more money
than 90 miles an hour. The Goldman delegation stayed at the in Libya than Goldman realized. The country expected gigan-
Corinthia, which, because of its monopoly on business travel, tic new oil and gas finds, he wrote in a debrief to colleagues,
charged upwards of $500 for a basic room. Ben-Brahim said, who began to gossip about the banks exotic new clientinclud-
half-seriously, that Goldman should buy it. ing tales, never confirmed, that the yacht meeting featured a
First impressions of the LIA were unpromising. The Al-Fateh cameo by one of Saifs pet white tigers.
Tower seemed like it couldnt possibly be the headquarters of Ben-Brahim instructed Kabbaj to stay a lot in Tripoli. Its
a multibillion-dollar investment fund. The 25-story structure important you stay super close to the client on a daily basis.
had been built without enough elevators, which meant long Teach them, train them, dine them. Aliredha agreed. You
waits in a dingy lobby full of cell phone shops. A ring-shaped need to own this client, he wrote. This is a once in a career
roof deck was supposed to rotate but didnt. The LIAs floor was opportunity. Kabbaj traveled to Tripoli four more times before
a raw construction site with almost no furniture. But such con- the end of September, becoming such a fixture at the Al-Fateh
cerns receded when LIAs chief executive officer, Mohammed Tower that he eventually got his own desk. He spent part of his
Layas, an experienced banker, explained the funds ambitions.
MOHAMMED
LAYAS
CHIEF EXECUTIVE
OFFICER

Goldmans executives suggested a more exclusive relation-


ship. They proposed a dedicated team of partners, access
to research and training, and the opportunity to join in
Goldmans own proprietary investmentsa strategic part-
nership. Both sides could make money, Ben-Brahim told
the group, citing Goldmans long-standing informal motto of
being long-term greedy. The Libyans were receptive. Ben-
Brahim and Aliredha flew straight back to London after the
meal, leaving Jabbour and Kabbaj behind to discuss Goldmans
proposals. They were bleary-eyed, having just pulled an all-
nighter preparing a presentation. A suggested first step: Buy
ABDULMAGID strategic stakes in key undervalued companies.
By January 2008, the Libyans had some companies in

BREISH mind. The talk at the LIA, Kabbaj learned, was that Qaddafi
wanted to emulate the leaders of Qatar, whod invested in the
CHAIRMAN AS OF 2013 shares of troubled banks. One target was Citigroup, which Abu
Dhabis sovereign wealth fund had put $7.5 billion into less
than two months before. On Jan. 15, Kabbaj texted the head
time taking the LIAs junior people through Finance 1.00, as he of the LIAs equities team to note that Citi shares were down,
put it, using MITs term for an introductory course. The funds creating a buying opportunity: It is time to do the trade!!!
young staff had been recruited from the Libyan diaspora with The Libyans made two trades later that month, totaling 711
help from Monitor, the Massachusetts-based consulting firm, $200 million. But this wasnt a simple purchase of shares
and knew little about complex securities deals. Kabbaj helped it was a complex derivatives deal, or as Goldman Sachs
stock an in-house library. In addition to dry tomes on asset described it later, a cash-settled forward purchase agree-
AS))
ILLUSTRATIONS BY 731; BASED ON PHOTOS: RENE VAN BAKAL (ZARTI); JASON FLORIO/CORBIS/GETTY IMAGES (QADDAFI); LIA (BREISH); BANK ABC (LAYA

allocation and pop-economics hits such as The Black Swan, ment for Citigroup shares with downside protection in the
he bought the Libyans a few copies of Liars Poker, Michael form of a put option at the same price as the forward. More
Lewiss seminal tale of bond salesmen screwing over clients. simply, if Citi shares rose, as the LIA was betting, the fund
(Amazon.com didnt deliver to Libya, so Kabbaj ordered the stood to gain many times its initial investment. If the shares
books to London and had a colleague lug them to Tripoli.) fell by a certain amount, the fund could lose everything. The
Kabbaj also entertained the Libyans when they came to structure was potentially more lucrative than a conventional
London, expensing a $757 sushi dinner at Nobu and taking purchase of equity and also significantly riskierwhile result-
them to the Lord of the Rings musical. Lalou took a junior ing in far higher profits for Goldman.
LIA employee to Paris to watch Englands rugby team play Whether the LIA understood it wasnt actually investing
South Africa. (Goldman says the hospitality was in line with in Citi is disputed. Whatever the case, the fund proceeded a
what other banks also provided the fund.) Nothing was few weeks later with another large deal, a similar wager on
too much trouble. One banker, Jaber Jabbour, declared to the French utility EDF Group that cost it almost 120 million
an LIA employee by e-mail, You are brothers and friends (then $175 million) in premiums.
before clients. Word was getting around the financial sphere that
Goldman had landed an African elephant. Kabbaj discov-
By late September 2007, the LIA was ready to proceed with its ered that Socit Gnrale was also pursuing megadeals with
first substantial investment with Goldman: $350 million into the LIA. People are spreading that we made a lot of money
two funds called Petershill and Mezzanine. Libya had signed a with LIA and we screwed them, Kabbaj texted a colleague
document describing itself as a market counterpartylarge from Tripoli. Even though this is of course uncorrect [sic],
and sophisticated enough not to need special regulatory pro- Pnls [profit and loss figures] have to become super secret.
tection. Ben-Brahim and Aliredha flew again to Tripoli early in Kabbaj began spending more time with the Libyans
October, chartering a jet from Qaddafis favorite vendor to give and bought some of them iPods. A few came to London in
their arrival the necessary gravitas. February for training at Goldman, with the firm covering
It was Ramadan, and the Goldman team joined LIA execu- their hotels and dinners. There, Kabbaj could entertain the
tives for a traditional breaking-the-fast dinner at the Corinthia. Libyans in a capital with incomparably greater diversions
Layas, the LIA chief executive, was at the head of the table. The than Tripoli. At Zuma, a bankers-and-Bentleys Japanese res-
LIA had previously indicated that it was planning to split its taurant in Knightsbridge, he expensed a $1,009 dinner;
business equally among as many as 20 banks, but as they ate, at The Playroom lounge, he put $1,573 on his corporate
card. They went to see Chicago and, records indicate, the Lord Allianz, Eni, and UniCredit. Kabbaj later called it one of the
of the Rings musical again. biggest orders that GS has ever been given on single names.
To help plan the training sessions, one of Kabbajs col- (Goldman says Haitems internship had no impact on the trades.
leagues e-mailed to ask about the level of the Libyans knowl- Haitem couldnt be reached for comment.)
edge of derivatives. He responded: Baaaaaaaasic. In another The scale of Goldmans business with Libya was now being
exchange, Kabbajs manager, Lalou, told a colleague hed just noticed at the highest levels. When Chief Executive Officer Lloyd
delivered a pitch on structured leveraged loans to someone Blankfein found out how big the p&l [was] on the recent trade
who lives in the middle of the desert with his camels. he started asking questions about it, one executive said in an
April e-mail. Another internal note later described Kabbaj as
Zarti had goals beyond the greater glory of Libya. He perhaps Goldmans top salesman globally. In a text to Kabbaj,
also wanted to help his younger brother, Haitem, learn Ben-Brahims verdict was simple: Bravo Youssef. Well done.
the banking trade, preferably through an internship at You are a hero.
Goldman. Kabbaj wouldnt disappoint his best client.
Kabbaj found it easy to connect with Haitem, who was 25, Goldmans downfall in Libya began with the arrival of Catherine
shy, and soft-spokennothing like his intense sibling. Both McDougall. A cheerful Australian lawyer at London firm Allen
he and Kabbaj were single and from important North African & Overy, she was just 26 when she arrived in Tripoli on July 1,
families. They spent the weekend together in Morocco in late 2008, to begin an assignment with the LIA, which was seen as a
February and then flew business class to Dubai, where Kabbaj major potential client. Although McDougall had traveled widely
had offered to take Haitem to a Goldman conference, check- in the Middle East, Libya was a new experience. It seemed frozen
ing into the five-star Ritz-Carlton, all at the firms expense. in the 1970s: There were no cinemas and barely any shops.
Just after arriving, Kabbaj used his company BlackBerry to Foreigners lived in gated compounds under the watchful eyes
get in touch with a prostitute who went by the name Michella. of Qaddafis secret police, who LIA employees warned her had
Hi darling, do you remember me? Youssef from London, he moles at the office. In London shed bought a copy of In the
texted. Just arrived in dubai. Available tonight, with a friend? Country of Men, a novel depicting the fearful atmosphere of
They haggled over price before Kabbaj agreed to pay $300, 1970s Tripoli. When her Libyan counterparts saw it on her desk,
with one condition: Your friend has to be as good looking they told her to put it away. Qaddafi had banned the book.
as you. There is no record of what happened next, but the McDougall was astonished by how little the LIAs junior
following day, Kabbaj texted Haitem to say he needed a rest: employees seemed to know. The legal departments level of
Going to the hotel. I am dead. A couple of nights later, Kabbaj competence in dealing with complex legal documentation was
wrote that hed stay in, Getting back to gods way incha allah. zero, she wrote later in a witness statement. The problem was
72
2 Immediately after returning from Dubai, Haitem sent compounded by rudimentary English and basic paperwork
Kabbaj his rsum, which didnt fit the banks typical hiring that was missing. She described the setup as like an advertis-
profile. Haitem listed an MBA from the Vienna campus of ing company having no TVs.
Webster University, an institution based in St. Louis with One of McDougalls tasks was to work with LIA staff on some
branches mostly near U.S. military bases, and his most recent paperwork for the Goldman derivatives trades. She was struck
work experience was at a Video Club in 2003, where he was by their affection for Kabbaj, whom they considered a friend.
in charge of customer and reservation services. One LIA staff member showed McDougall Facebook photos of
Ben-Brahim, discussing the possibility of an internship by Kabbaj hanging out with the equity team. They told her stories
e-mail with two other partners, said he was not sure what the of expensive nights out in London and Morocco, covered by
best course of action is. We are running the risk of upsetting his Goldman credit card. As she learned more, McDougall
[Mustafa] Zarti. Yet by April, Goldman was prepared to offer began to suspect the LIA team didnt realize they hadnt pur-
a 6- to 12-week gig to Haitem. The next day, Kabbaj told col- chased actual shares. No one understood, she wrote, that if
leagues hed spoken with Mustafa about further deals, and the underlying stocks went the wrong way, they could lose all
that the elder Zarti wanted to give us something. If we can their money. She asked to see the due diligence the LIA had
have him focus, we should be in a good position. performed before committing to the deals. They responded,
The same month, Kabbaj again spent a weekend with she wrote, Due what?
Haitem in Marrakech and flew him to Dubai a second time. Citigroups share price, meanwhile, had dropped about
Haitem dawdled in committing to the internship. Kabbaj mes- 40 percent since the start of the year, and analysts were
saged him a few days later, on April 23: Can you start May 1? warning of a worldwide credit crisis. McDougall relayed
June 1? Mustafa wants you to start asap. Haitem indicated her concerns to Zarti, who also asked her opinion on a cur-
June. OK. How long? Mustafa is killing us, Kabbaj replied. rency trade the fund had recently carried out with Goldman.
The same day, the elder Zarti gave the go-ahead for Goldman She told him the $50 million the LIA had committed to the
to execute several trades of astonishing size, totaling more deal stood a better chance if she took it to a Monaco casino.
than 2.4 billion in notional value. Like the Citi and EDF deals, Zarti asked Kabbaj to return to Tripoli. Soon, on July 23,
they were syntheticthe LIA wasnt actually buying shares 2008, Goldmans phenom was sitting on the 22nd floor of
in the companies concerned, in this case Banco Santander,

MCDOUGALL ASKED TO SEE DU


THE LIA RESPONDED, DUE WH
the Al-Fateh Tower, thinking about his $9 million paycheck
and wondering why Zarti was keeping him waiting so long. Tripoli in August, and that October, Qaddafi was dragged
After Zarti offered to defenestrate Pentreath and disap- from a drainpipe, shot, and killed. Zarti fled to Vienna.
pear Kabbaj, the two bankers hustled into a cab back to the Libyas new leaders started asking questions about the LIAs
Corinthia. They understood that in Libya, threats that came dealings. Global Witness, an investigative organization funded by
from a close friend of the Qaddafis werent to be taken lightly. billionaire George Soros, published leaked documents in 2011 that
From his hotel room, Kabbaj called Michael Sherwood, one of showed the dismal performance of the LIAs investments at the
Goldmans top London executives, who said the bank would end of the Qaddafi era. It had made deals with at least 70 differ-
do whatever it took to get them out. Goldmans security team ent banks and investment firms, many of them losing money. In
called back, telling Kabbaj it was looking at options for extrac- 2013, AbdulMagid Breish, the new LIA chairman, asked Deloitte
tion and ordering him not to leave the Corinthia. The hotel to review the funds losses, and a U.K. firm, Enyo Law, to look at
housed the U.S. embassy and a complement of armed U.S. whether they could recover anything through the courts. The
Marines, not to mention hundreds of foreign witnesses to LIA sued Goldman for $1.2 billion in London on Jan. 21, 2014,
anything unpleasant that might occur. The next morning, a just before a six-year statute of limitations would have expired.
Goldman partner called to say the banks security team was (It later filed a separate suit against Socit Gnrale, which
increasingly concerned about their safety. They hustled to the denies wrongdoing.)
airport and a flight to London. The LIA v. Goldman Sachs trial began in June 2016 in a bright,
modern courthouse just a few hundred yards from the banks
Seven weeks later: the end of the world. Lehman Brothers Fleet Street offices. The chaos of post-Qaddafi Libya, which has
filed for bankruptcy in September, and stocks crashed. The two rival governments plus an insurgency by Islamic State mili-
full force of the global financial crisis left Libyas deriva- tants, had its echoes in the courtroom. At the outset of the case,
tive bets virtually worthless; when they expired three years the LIA also had dueling executive teamsone based in Malta and
later, the LIA had lost $1.2 billiona total wipeout. Goldman one in Tripoliand both factions hired their own legal and PR
hasnt revealed how much profit it made from the other side outfits. For now, a court-appointed accounting firm is managing
of the trades, saying only that the figure was appropriate the case on Libyas behalf.
given the size and risk of the deals. The LIA has said it was During the trial, the LIA claimed its people never understood
more than $200 million. they werent buying shares. They barely understood anything at
Kabbaj never got his $9 million. After the confrontation in all, their lawyers argued, and were the victims of Goldmans gifts,
Tripoli, he was told hed be fired if he tried to contact the LIA. slick salesmanship, and misleading marketing materials. Several
Sidelined to minor accounts, he took to joking that hed been junior LIA staffers came to London to testify about the extent of
put in charge of Oman and North Korea. When Kabbaj com- their naivet. One said hed never heard of Goldman Sachs, or
plained, Andrea Vellaa Goldman partner who took charge derivatives, before getting a job at the fund. 73
3
of the Libya relationshipgot so angry he took off his shoe Goldman argued the LIA was exaggerating its cluelessness.
and used it to pound the table, according to Kabbajs lawyers. Even if its staff didnt understand the deals, lawyer Robert Miles
(Vella says he doesnt recall the incident.) In November 2008, said, thats not the banks problem; the Libyans entered com-
Kabbaj threatened to sue Goldman for the pay hed been mercial transactions, fair and square. The LIA understood at
promised, claiming to fear for his life and blaming Libya all times that Mr. Kabbaj was a salesman, and that his job was to
for ruining his reputation. Goldman agreed to pay Kabbaj sell investments to the LIA from which [Goldman] could make
$4.5 million, according to court filings, under two condi- money, Goldmans lawyers said in closing arguments. The banks
tions: that he leave the bank and that he keep quiet about official statement on the lawsuit reads, in part, We have always
the circumstances of his exit. Incredibly, Haitem Zarti out- disputed the LIAs claim that it was financially illiterate and it is
lasted Kabbaj at Goldman. The bank extended his internship clear that they understood the disputed trades and entered into
six times, to 11 months. (The LIA has said U.S. authorities are them of their own volition.
investigating the internship. Goldman declined to comment.) The judge in the case will rule after early October. Why is
Now working at a small financial firm in Dubai, Kabbaj said Goldman allowing such an embarrassing suit to drag on, exposing
in a June statement that neither he nor Goldman paid for its internal talk of prostitutes and camels, instead of quietly set-
improper entertainment for LIA employees. All my expenses tling? More than the banks image is at stake. The LIA is employing
relating to LIA have been reimbursed and signed off by at a legal concept called undue influence thats more commonly
least two Goldman Sachs partners, he said. I am under a used by wives against husbandsits novel in financial litigation.
strong confidentiality agreement but I expect Goldman Sachs The idea is that one party to a transaction can have so much power
to correct the facts and protect my reputation. over another that a contract between them isnt valid. If Libya
Qaddafi came to a grisly end. In early 2011, when Arab wins, investment banks everywhere will face the risk of lawsuits
Spring protests spread from neighboring Tunisia into by clients claiming they were snowed.
Libya, he turned on his own people with shocking sav- Goldman may have made hundreds of millions off Libya, but
agery. As his forces bombed and shot demonstrators, the its put banking dogma at risk. A bedrock principle of the securities
U.S. and its allies reimposed sanctions and began military business is that sophisticated investors can look out for themselves
action. Assisted by Western airstrikes, rebels captured and dont have recourse to the courts if they lose their shirts. If a
huge sovereign wealth fund can successfully claim it was duped,

E DILIGENCE.
theres no telling who else can. Ben-Brahim identified the perils
of dealing with Libya in an April 2008 e-mail. These guys are
extreme, he wrote a colleague. If we truly behave as steadfast
friends looking after their interests, they will do anything for us.
If we ever lose their trust, they are ruthless. 

AT?
Pedro Brito, a manager at a waste-disposal business in Caracas, seemed to be a success,
was riding his motorcycle home from work in November 2014 and more important,
when six men on three motorbikes surrounded him. One pressed the state would oversee
a gun to his stomach and threatened to kill him if he looked up. the biotech initiative.
They wanted his motorcycle. Brito got off the bike and ran. Later, Stenger said this was
after reporting the theft to police, he received a threatening their best project ever,
phone call. A month after that, his home was robbed. Then his and the government
19-year-old daughter and her boyfriend were carjacked. Brito and was supporting it,
his wife decided it was time for the family to leave Venezuela. Brito said.
Some friends recommended that he consult an immigra- On the advice of his
tion attorney in Fort Lauderdale, who put him in touch with lawyer, he decided to
two men offering an intriguing opportunity for people eager to invest. He and his wife
live in the U.S. and willing to pay for a legitimate chance. One sold their home and
was Bill Stenger, the chief executive of Jay Peak Resort, a family emptied their retire-
destination perched on a mountain in Vermonts Northeast ment accounts to raise
Kingdom region. The other was Ariel Quiros, the Miami busi- the half-million dollars,
nessman who owned the property. A decade earlier, Jay Peak plus a $50,000 administrative fee. In September 2015 they put
had consisted only of a ski area and a roach-ridden lodge. Now their money into the AnC Bio project, joining about 160 inves-
it had three hotels, six restaurants, some 200 cottages, an tors from around the world. In Miami on tourist visas, they
indoor water park, an ice rink, a spa, and a convention center, waited for their temporary green cards to be issued.
all tended to by 600 employees. The $280 million transforma- Theyd invested their money without knowing that the
tion had been made possible by a U.S. government program Securities and Exchange Commission had been investigating
known as EB-5, which allows prospective immigrants to invest Stenger and Quiros for almost two years, and that the state of
$500,000 in hard-up areas in exchange for temporary resi- Vermont had been doing so for nine months. In April 2016 federal
dency for themselves and their families. Anyone whose invest- government lawyers seized the resort and halted work on the
ment creates 10 jobs can then become a permanent resident. biotech project, calling it rampant with fraud. The SEC and
The only faster way to become an American is to marry one. Vermont also announced that they were opening civil court
The EB-5 program has opened up all sorts of possibilities proceedings. The tangled financing theyd uncovered left more
since it was started in 1990mischief, abuse, and fraud among than half of the 731 foreigners who had placed their money
them. Initially it required investors to put in $1 million and with Stenger and Quiros vulnerable to deportation, and threw
show direct evidence that the money had led to those 10 new $83 million that had been invested in the biotech project into
jobs. But after two years, Congress modified the program to limbo. (Stenger has settled the federal case, without admitting
76 encourage investment in rural and underdeveloped areas, per- or denying culpability, and is cooperating with the SEC. Quiros
mitting prospective immigrants to invest less money in proj- has denied the governments allegations.)
ects and count indirect jobs estimated by economic models. The trouble comes as Congress prepares to reauthorize the
These projects get sponsored by federally approved regional EB-5 regional center arrangement, which expires on Sept. 30.
centers, which serve as economic-development organizations Vermont Senator Patrick Leahy, a Democrat who once cham-
drawing on EB-5 money. There are now 861 such centers, all pioned Stengers projects, wants the program fixed or killed.
of whichexcept for Vermontsare privately run. They work Congress will most likely extend it at least until December. The
with hundreds of brokers, who raise funds for projects such EB-5 program isnt easy to give updemand among prospec-
as wind farms and military-base redevelopments while collect- tive immigrants is high and, for developers and politicians, the
ing fees for themselves. These initiatives dont always create money is practically free. Vermonts budget for economic devel-
the required jobs, return investors capital, or help distressed opment is less than $7 million; Quiros and Stenger raised six
communities. Developers have found ways, for example, of times that much every year they were in business.
using funding intended for rural areas to build in well-off
neighborhoods. Jay Peak lies four miles from the Canadian border and a slow 230
About 10,000 EB-5 visas are available each year; in 2014, from Boston. The mountain rises to 3,968 feet, and in the best
85 percent went to immigrants from China. For many, the winters receives 375 inches of snow, more than any other on the
investments represent a fraction of their fortunes. Others must East Coast. Seventy-eight ski trails run down and across its 370
cash in most of what they own. acres, along terrain so rugged that only 20 percent of it is suit-
At the time Brito was looking to immigrate, Stenger was pro- able for novices. For decades powder chasers stayed at a hotel
moting a new initiative, a biotechnology center in Newport, known mainly for its constant state of disrepair, but they were
a city of 4,500 people about 20 miles east of Jay Peak. The there for the mountain and at night needed only shelter and beer.
project, which involved a partnership with a South Korean Around 2007 the propertys Canadian owners started trying
company called AnC Bio, was even more ambitious than the to sell the hotel and ski area, but they didnt get many suitable
resort expansion had been. Stenger and Quiros said it would offers. Skiing seemed to be on the decline, as Baby Boomers
spark a $600 million revitalization of Newport, which hadnt aged out and the climate became less predictable. Stenger, who
seen prosperity since its heyday as a logging town at the turn is now 66, had been general manager at Jay Peak since 1984.
of the 20th century. He had come up with a plan to weatherproof the resort by
Brito was aware that the EB-5 program could be risky, but he adding a water park and other year-round amenities using EB-5
believed that Stengers project was a safe investment. How could money, which hed just begun raising. But before he could break
a massive biotech complex fail to create the necessary 10 jobs? ground, he needed someone to buy the place.
Because Vermont ran its own regional center, it was regarded as He soon identified Quiros as a possible owner. Quiros, who
a model for the EB-5 program. Stenger was the programs best- is 58, had grown up in Harlem and had been visiting northern
known promoterthe Democratic governor, Peter Shumlin, Vermont since he was a child. Hed served in the U.S. Army in
had called him the Michelangelo of EB-5 projects. Jay Peak South Korea and guarded Rudolf Hess, the Nazi war criminal,
new hotel, the Jay, which would have
120 rooms, a water park, and an ice
rink. He told Quiros that Vermonts
support for the EB-5 program gave his
projects a marketing advantage over
others that were competing for immi-
grants dollarsit was mentioned in
every brochure and at every confer-
ence, and every broker emphasized
it to potential investors. Stenger also
promised Quiros a 20 percent cut of
each investment, more than double
the typical management fee.
Convinced, Quiros agreed to
buy Jay Peak in June 2008 for
$25.7 million. According to the SEC,
the fraud began within hours of the
deal. Instead of paying with his own
money, officials allege, Quiros trans-
ferred the $20 million in seed money
that Stenger had raised to Raymond
James, a financial-advisory firm where
Quiross son-in-law was a manager,
then had Raymond James put it
toward the resort. (He later told SEC
lawyers that the accusation was hel-
lacious false. Both he and Stenger
declined to comment for this story.)
Investigators say this quickly
became a pattern for the Jay Peak
projects. To disguise the initial misuse
of the $20 million, Quiros took money
meant for the second phase of the 77
expansion, the Jay Hotel, and used
it for the first phase, Tram Haus
Lodge. He and Stenger then raised
$32.5 million for a third project,
building penthouse suites atop the
The Jay Hotel water park was built with $25 million of foreign investors money Jay Hotel, and put some of it toward
the hotel itself. And so on. Quiros was
operating a Ponzi scheme of sorts, the
at Berlins Spandau Prison. Quiros and his South Korean wife SEC alleges, which encompassed seven projects over eight years,
had raised their two children in her country, and Quiros had and some 100 bank accounts.
started a wire and copper trading company there. By the mid- There has been so much co-mingling of the funds via trans-
2000s he was living in Miami and owned property in Vermont. fers, which has been compounded by the accounting entries,
He seemed like a successful businessman. that this has become quite a mess, Jay Peaks then-controller,
To pitch Quiros on Jay Peak, Stenger drew on his many politi- John Carpenter, wrote in an Aug. 13, 2010, e-mail to Stenger
cal connections in the state. The governor the senator, every- and Douglas Hulme, the owner of an EB-5 consulting firm in
body asked me to acquire Jay Peak, Quiros later recounted to Florida that was helping Stenger raise money. Carpenter soon
the SEC. Please Quiros, please Quiros, please Quiros, buy Jay resigned, believing, according to a deposition, that Stenger
Peak, buy Jay Peak, buy Jay Peak. It was every day, every day. had failed to address his concerns. He was the second finan-
The Great Recession was already starting to affect Vermont, cial executive to leave Jay Peak in three yearsan early sign of
and Quiros was unsure about acquiring the resort. He expressed trouble. (Neither executive could be reached for comment.)
doubts that it could attract the EB-5 money Stenger was prom- The renovations dragged on longer and cost more than
ising. Stenger explained that he had already raised about Stenger had promised investors, but by the end of 2011 the
$20 million, most of it intended to build a 57-room boutique water park was open and a slide called La Chute, an almost
hotel called the Tram Haus Lodge, and was beginning to attract vertical 65-foot drop with a 360-degree twist, was drawing
funds for the second phase, a $75 million project to build a visitors. Stenger reported that Jay Peaks two new hotels had
created 1,850 jobs and that all 185 investors were eligible for
permanent residency. Impressed, Leahy invited him to testify
in Congress about the benefits of the EB-5 program.
But in February 2012, another warning sign emerged. Hulme
wrote a letter to 100 immigration attorneys across the U.S., saying
that he no longer has confidence in the accuracy of represen-
tations made by Jay Peak. James Candido, then the direc-
tor of Vermonts EB-5 regional center, told a local paper
that he spent a day at the resort
after seeing the letter. There was
absolutely nothing that was out of
the ordinary, he said.
Stenger told Vermont officials
that he, Quiros, and Hulme were
having a simple dispute over strat-
egy, but later depositions revealed
the argument to have been tumul-
tuous. In them, Quiros accused
Hulme of having tried to stealor
ruinhis company while Stenger
stood by. When this SEC gets over
with, Im going to go over after
that man, I promise you, Quiros
said of Hulme. I will kill that man
for what he did. (Hulme didnt
respond to requests for comment.)
Despite the tensions, Quiros
and Stenger pushed forward
with a new, more elaborate
project drawing on EB-5 money.
According to government inves-
tigators, Quiros needed funds to
keep his scheme going. Stenger,
for his part, seemed to be sin- The abandoned site where Stenger and Quiros promised to create a biotech center
cerely interested in helping the
Northeast Kingdom, which had
long been Vermonts poorest region and had its highest jobless equity in the hotel they now had an unsecured IOU that Quiros
rate. In Newport, where he lived, few factories remained; a pledged to repay within 10 years. Their immigration status was
state prison was among the citys biggest employers. unaffected, but this wasnt the exit strategy theyd expected.
In September 2012, Stenger announced a $600 million plan Moreover, though Quiros had made the transaction months
78 to create 10,000 jobs by transforming Newport into a biotech- earlier, Stenger hadnt informed themor Vermont regulators
nology hub. He was going to do so, he said, by partnering with at the time. He called it an oversight.
AnC Bio, a South Korean company that wanted to produce rev- One of the investors, a British car dealer named Tony Sutton,
olutionary technology in rural Vermont. Hed already raised began reading through the hundreds of financial records from
$50 million from EB-5 investors for the project, which would be Jay Peak that hed had to file with his petition for permanent res-
anchored by a renovated 90,000-square-foot facility just outside idency. He came across entries showing that investors money
Newport, in the hills overlooking Lake Memphremagog. A plant had been used as collateral for loans and that the funds had been
there had once produced high-end skiwear, before being aban- swapped among projects. To Sutton, the documents, which had
doned in 2005. Soon, Stenger said, it would manufacture arti- been given to him by mistake, exposed a shell game Quiros had
ficial organs and offer stem-cell therapy, with 50 sterile rooms been playing. He laid out the details in a letter to the SEC and
for research. He would build a hotel and conference center by Vermont regulators. It was so clear to us investors that there
the lake and a four-story commercial and residential complex was something very wrong with the controls, he told me.
downtown. However far-fetched the plan may have sounded, Soon the biotech hub came under suspicion, too. In May the
some 500 people attended the press conference, and Vermonts Vermont Agency of Commerce and Community Development,
top elected officials stood beside Stenger as he spoke. which oversaw the EB-5 regional center, assigned a few Korean-
speaking interns to research AnC Bio. They discovered that the
By 2014, the final Jay Peak expansion, a group of town- company had been losing money for years and that its Seoul
houses, was progressing slowly, and the biotech hub had headquarters had been foreclosed on and auctioned off in 2013.
fallen behind schedule. A local investigative news site, VT The agency barred Stenger and Quiros from seeking new inves-
Digger, was starting to ask questions about the projects, tors until they had explained the situation and updated their
and Michael Gibson, a prominent EB-5 investment adviser, disclosure forms.
had begun making noise in industry circles about Stengers It was the first time that regulators had reprimanded Stenger.
lack of transparency. Sometime during this period, if not Partly this was because they had limited resources and no sub-
earlier, the SEC quietly opened an investigation. poena power, but more to the point, for years the agency had
Then, in January, been responsible for both regulating and promoting EB-5 proj-
the 35 people who ects, a glaring conflict of interest. Now, with concerns about
We were doing had invested in the programs biggest projects growing, Shumlin, the gover-

the happy dance. Tram Haus through nor, turned over compliance duties to Vermonts Department
the EB-5 program of Financial Regulation.
Finally something received a letter Thats when Suttons letter arrived. The department
from Stenger, which opened an investigation into Jay Peak and the biotech center,
good was happening said that Quiros had but the state was still hoping that the projects were above-
bought them out, board, and partway into the investigation regulators granted
in the Kingdom and that instead of Stenger permission to resume fundraising for the biotech
center, as long as the funds were held in escrow. of the period after
It was hard not to believe in him. Thanks to Jay Peaks expan- the announcement.
sion, the Northeast Kingdom was leading Vermont in job creation Stenger said it was
for the first time. We were doing the happy dance, Patricia the flagship, and if he
Moulton, the former head of the states commerce and commu- said it, it must be true.
nity-development agency, told me. Finally, something good was But what was taking
happening in the Kingdom, thanks to EB-5. Stenger was the hero. so long?
Over the next 11 months, state investigators joined the trail She was working to
the SEC was following. Regulators scrutinized 130,000 pages of find new developers
financial documents and testimony, gradually uncovering the for the empty block,
system that they later alleged Quiros had implemented down and in the meantime
in Key Biscayne with the help of his (now former) son-in-law at had encouraged artists
Raymond James. For each $500,000 investment he received from to decorate the fences.
an EB-5 source, officials said, he would convert the sum into Colorful ribbons were
Treasury bills, then borrow up to 90 percent of their value. He woven into the chain links, fashioning a sunrise over water and
then used the borrowed money for EB-5 projects and for himself. a tree of hope. The material was left over from the skiwear
Over the years, hed allegedly paid off back taxes; bought two factory. They made really high-quality clothes, so we know it
apartments in Manhattan, including a condo at Trump Place; will last a while, she said wryly. Some residents were arguing
and purchased a second Vermont ski resort, Burke Mountain, that Newport should sue Stenger and Quiros, but the city hadnt
which he renamed Q Burke Mountain. Hed also taken out the spent any taxpayer money; it had all come from the investors.
20 percent management fee he was due as soon as the money How would you even articulate what you lost? Dolgin said
came in, rather than when hed actually built somethingwhich shed asked her constituents.
he sometimes never did. In all, investigators traced more than Stenger was still living in the city, in a lakefront home. As
100,000 transactions among Quiross accounts from 2008 to 2015. part of his settlement with the SEC, he has been banned for
Its a shell game, done purposefully to evade detection by life from having anything to do with the EB-5 program. Hell
those at Jay Peak and by those investors who were asking ques- likely be fined, too, with the amount contingent on his con-
tions, Michael Pieciak, who led Vermonts investigation and tinued cooperation with the agencys investigation of Quiros.
now heads the Department of Financial Regulation, told me. For a time, he advised Michael Goldberg, a receiver appointed
Because the money was moved so frequently, he said, if the by a court to oversee the fate of Jay Peak. Our preliminary
investors immigration status were to be challenged, they could forensics dont show that Stenger lined his pockets. His house
have a hard time proving that their contribution had created is mortgaged up to the hilt, said Goldberg. It doesnt mean
the necessary 10 jobs. that Stenger wasnt reckless and negligent. It doesnt mean he
In his depositions, Stenger told government lawyers that he didnt do anything criminal. But we havent traced any money 79
traveled often and had left the finances to Quiros. I have great to him. Stenger remains a defendant in the state case.
faith in him, Stenger said. Across eight years, during which he Raymond James, the firm that Quiros used to move money
and Quiros raised some $280 million for Jay Peak, theyd never around, reached a nearly $6 million settlement with Vermont
hired an independent auditor. Nor had anyone in Montpelier over allegations that it had failed to comply with state securi-
insisted they do so. Quiros, for his part, said there was a beau- ties law, without admitting or denying wrongdoing. Four and
tiful story to be told and boasted about his purchase, telling a half million dollars of that money will go toward reimbursing
investigators, If you think about what I did and how I did it, investors. Quiros, publicly silent and surrounded by lawyers,
you guys are going to say, Quiros is a genius. was allowed to mortgage one of his New York City condos in
They didnt. Instead, on April 13 of this year, more than a hopes of paying his legal costs with the money. His other assets
dozen men and women showed up at Jay Peak Resort asking have been frozen: The SEC argues that he is liable for some
for Stenger. The group included attorneys, forensic accoun- $200 million in ill-gotten gains and penalties. David Gordon,
tants from the SEC, and representatives of Leisure Hotels & one of his lawyers, told me, Mr. Quiros did absolutely nothing
Resorts, which had been appointed by the government to run wrong, and we are very confident that at the end of the day he
Jay Peak. The next day, the SEC and the state attorney general will be shown to have done nothing wrong.
announced civil lawsuits against Quiros and Stenger, claiming Goldberg, who also handled the aftermath of the Bernie
they had misused $200 million of the $350 million in EB-5 money Madoff scandal, said he expects to sell Jay Peak by next
they had raised over the years from 731 investors in 74 coun- summerthe SEC has appraised the resort at about $42 million
tries. The agencies also said that Quiros had taken $50 million (with $60 million in debt), though hes aiming for a higher price.
of that money for himself. On Vermont Public Radio, Senator Meanwhile, hes working with the government to ensure that
Leahy said, I feel terribly betrayed. no one from the EB-5 program loses their green card, and that
the last arrivals to the failed AnC Bio project can recoup their
One Tuesday in late July, I met with Laura Dolgin, Newports city money and invest elsewhere. Theyll be devastated other-
manager. As we talked in her office, I saw that she had ripped wise, he said. He had heard from investors unable to provide
April 13 from her calendar and pinned it to a wall. We left to for their kids, to pay their medical bills, to sleep.
take a walk through town. Just outside the municipal build- By those measures, Pedro Brito has been faring well enough.
ing, across from the Newport CiderHouse Bar & Grill and the He is living in the Miami area with his wife and daughter, able
Memphremagog Arts Collaborative, we arrived at a giant hole in to remain in the country because his wife now has a student
the ground. In anticipation of the biotech hub, developers had visa. When we spoke, he expressed hope that hed reclaim
demolished a row of buildings to make way for a retail and res- his $500,000, which was supposed to be held in an escrow
idential complex called Renaissance Block. The site had been account. Hed had enough money left to open an ice cream
untouched ever since; locals had taken to calling it Little Beirut. shop near his house, but he was still upset that so many people
The biotech center outside town, Dolgin said, was also had been scammed while no one was watching. I just want
desolate. We were all wondering whats going on, she said the system to work, he said. 
Any data. Any analytics approach. Its the freedom we give you to choose the best
way to nd answers. With SAS Analytics, you can solve todays problems one way
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Eve
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Ph b
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Ge
Michael Whiteman has been thinking
about how people eat lunch since the
mid-1970s, when the Port Authority of
New York and New Jersey hired his young
restaurant-consulting firm to develop
the dining options for the original World
Trade Center, which had recently risen
on the southern tip of Manhattan. This
was a part of town with
little surrounding culinary
infrastructure: The neigh- Its convenient but
borhood had been mostly depressing to stab at a salad
bulldozed for the towers at your desk, so I went out
construction. The author- By Bret Begun, Etc. editor
ity recognized that it was about to bring
50,000 office workersplus visitors and My lunch usually consists of a sad
$10 salad of romaine, tofu, artichoke
touristsinto the complex, and theyd all hearts, sunower seeds, and other
need places to eat, especially at lunch. toppings that make no sense together.
Whiteman and his partner, Joseph I eat it at my desk, my right hand
82 toggling between fork and mouse.
Baum, commissioned researchers We decided that for this lunch issue,
to organize focus groups and survey each member of the Etc. team would
Manhattan office workers on how they try changing our routine for a week.
Investigating my options, I discovered
actually atehow many packed something alarming: Are you aware
Forget about breakfast and dinner lunch, where those who went out that people have lunch at restaurants?
to eat were going, how much the I decided to try it.
lunch is when the tastiest ideas average person spent, and even
The rule was that I had to sit for
one hour. I ate not-sad salads, such as
happen. By Josh Dean what percentage of workers 85 tuna nioise and summer romaine with
a chicken skewer. And the soup! Oh,
the soup. One day, I had an heirloom
gazpacho; on another, a cold pea
soup. (It was better than it sounds.)
There was no rule that I had to eat like
a 90-year-old. I just chose to.
What a freakin delightful way to
spend an hour. I marked up drafts of
stories. A hostess with hair like the
X-Men heroine Storm called me love.
I even left my bar seat early one day
shhhand bought moisturizer at Kiehls.
I was never going to have a sad salad
at my desk again.
Im writing this while eating a sad
salad at my desk. Alas, too much of
what I have to do during the week has to
be done in the office, and let me tell you:
PREVIOUS PAGE, FOOD STYLIST: ELIZABETH OSBORNE

Nothing kills an afternoon like the stress


of eating plates at the Indian buffet
while raw copy sits unattended. The
work piled up while I was piling it on.

The bottom line Going out for lunch is


great unless you have work waiting for
you. On easy days Ill keep making myself
leave the office. But when there are tasks
to be done, my desk is my dining room.

Styling by Priscilla Jeong


The Lunch Issue Etc.

Whats right for you right now

Are you in What kind of


a strip mall? burger do you
want?

YES NO
FAST FAST
CASUAL FOOD

Feeling
lucky? How much How many
Are you sure ambience is guys do
you just want required? you need
YES NO salad? backing the
operation? 83
NONE WOO
YES NO ME Where do
FIVE HUH? you live?

EAST WEST
Do you need COAST COAST
live music?

IN THE
MIDDLE
Are you a YES NO
teenager? Does it
have to be Is a comfy chair
in a bread important?
*You can order bowl? Do you
NO YES know
a wrap. But
its just salad. what
In a wrap. VERY NOT double-
YES NO VERY double
animal-
style
means?

YES

NO

Like obscene (See page 92 Do you really


ILLUSTRATIONS BY JACI KESSLER LUBLINER

for our prole on


amounts? mean wings?
the chairman You want
and chief executive fries with that?
officer)
YES ALMOST YES NO
YES NO

Whats wrong
with you?
F Box Appetit by
Black+Blum
With a container for
salad dressing, a hybrid
fork-knife (fife? knork?),
a sauce-dipping dish,
and a microwave-safe G Hammertone
removable compartment, powder-coat lunchbox
this is a lunchbox that by L. May MFG
anticipates your needs.
Nickel miner Leo May
$25; blackblum.com
designed his aluminum
lunchbox in 1956 to
function as a seat when
you flip it on its side.
$70; lunchbox.ca

j GoEat lunchbox
by Joseph Joseph
G Stainless-steel
Two lunchboxes in one: The
top compartment is divided tiffin by Onyx
for sides, snacks, whatever; Double the size (and
the bottom one fits a about half the price)
sandwich. The whole thing of the Reiss model,
snaps together with a plastic below, for commuters
ring for easy transport. $12; with bigger appetites.
bedbathandbeyond.com $24; food52.com

Z Stainless-steel
food jar by Zojirushi
The best feature here
is the wide mouth, so
you wont get third-
degree burns while
pouring in your three-
bean soup.
$35; kohls.com

Nine fresh alternatives to the brown bag


By Monica Khemsurov

G Round enamel
tiffin by Reiss
Old-school Austrian
enamelware that gets
Gwyneths seal of
K Round nesting trio
approval. $42; goop.com
by U-Konserve
Lightweight, stainless-
steel containers with
clear tops that fit
inside each other for K Double bento box
easier storage. by Takenaka
$23; ukonserve.com When the Museum of
Modern Arts shop sells
a lunchbox, of course
aesthetics are going to
matter. Theres a ton of
K Klip-It lunch cube functionality built in, too:
max to go by Sistema two storage compartments,
Theres room for a sandwich, a plastic fork, and a band
and you can put fruit or chips that keeps the whole thing
(or another sandwich) in the secure. $36; store.moma.org
other three chambers, one
of which houses a removable
pot for dips or dressings.
$10; containerstore.com
The Lunch Issue Etc.

sound like much of a revelation these 70 million cups a year were sold. For
daysanyone whos been to a Whole better or worse, the automat was about
Foods around lunchtime is all too famil- commodity food, favoring ease of distri-
iar with the conceptbut that shows just bution over variety, health, and taste. You
how revolutionary the Big Kitchen was. can draw a straight line from the automat
Like many U.S. cities of the mid-20th to Americas fast-food boom thats both
century, New York was a town of mom- figurative and literal: Many of the last
and-pop lunch counters, corporate cafete- automat locations were converted into
rias, and white-tablecloth service. With a Burger Kings in the 1970s.
raw bar, a barbecue stall, and a design by If anything has conspired to bring an
I escaped for lunch even Milton Glaser, the Big Kitchen was decid- end to that kind of dull, boring think-
though it was harder for me edly aspirational. Since the 70s, of course, ing, its globalization. Technology, social
to track macronutrients the idea of the food court has been cor- media, and consumer education have all
By Jaci Kessler Lubliner, art director rupted by developers whove stuck one conspired to bring more food, at reason-
into every mall, airport, and stadium, but able prices, to just about anyone, any-
I count macros. Everyone does it
that doesnt diminish the significance of where, at any time. Now, whatever you
differently, but because I lift weights
and want to maintain my muscle Baum and Whitemans insight. The fact wantpizza, pho, salad, tacos, Thai
mass and body fat percentage, I eat is, were only now seeing their idea come you can have it, says Sabato Sagaria,
40 percent carbs, 30 percent fat,
into full flower. Almost 25 years after the chief restaurant officer for Union Square
and 30 percent protein in the course
of a day. I aim for 80 percent whole, Big Kitchen was destroyed in the 1993 Hospitality Group. I view it as never
unprocessed foods; the rest is World Trade Center bombing, the biggest wanting to waste a meal.
whatever Im craving. Most days I bring
idea in dining is the food hall, where a Run by celebrated restaurateur Danny
my own lunch so I can track things
accurately, but I decided to try buying range of different vendors come together Meyer, USHG is as famous for its fine
it for a week. in one large, convenient space and sell dining establishments Union Square
On Sunday night I looked up a few
simple, hearty food to a diverse range of Caf and Gramercy Tavern as it is for
spots near the office with nutrition
facts listed online. The only places that people. Dinner may be perpetually glam- Shake Shack, the better burger chain it
had this info were chains, so I went orous, and breakfast might be having a started in 2004. What began as a kiosk in
to Bareburger (all-natural burgers),
fast-food moment, but if youre looking New Yorks Madison Square Park is 88
Dig Inn (farm-to-table fast food), and
Lenwich. The last one, a sandwich-and- for the real driver of innovation in cuisine 85
salad place, was the best: It has a ton today, its lunch.
of options and a nutrition calculator
Lunch itself was an innovation.
on its site. Any restaurant that lets
you build your own meals is great for Formalizing an official third meal between
macro trackers. You can go to the same breakfast and dinner didnt happen
place multiple times and always eat
until the middle of the 19th century,
something different.
I had to estimate twice, once says Rebecca Federman, a librarian for
when the office provided lunch and the New York Public Librarys Culinary
once because I was craving a tuna-
Collections and the co-curator of Lunch
and-quinoa salad from Little Collins, a
local Australian cafe. The best part of Hour NYC, an exhibition the library staged
the experimentapart from sleeping in 2012. For eons, luncheon was a snack
an extra 15 minuteswas leaving my
people took into the fields, as much food
desk to pick up the food. Going for a
20-minute walk helps to split up a long as ones hand can hold, according to
day. The worst part: I spent $60 vs. Samuel Johnsons 1755 dictionary. Lunch
$20 to make my own.
as we know it evolved as we migrated If you frequent an ambitious sandwich
shop or the Whole Foods salad bar, you
away from manual labor to jobs that take
know the one. Made of brown, post-
The bottom line Ill keep packing place in offices. You need something to consumer recycled paperboard that
lunch, but Ill try to also nd time to break up the monotony of the workday signals good for the environment, it
step away from my desk. has an interlocking tab closure and aps
why not go get some food?
that stay stubbornly folded over your
Childs Restaurant, opened in New meal. Its name is as cumbersome as
Yorks Financial District in 1889, intro- its design: the Fold-Pak Bio Plus Terra.
Since the containers came to market
ate no lunch at all. From this came a duced the self-service cafeteria and
10 years ago, year-over-year sales of the
complex of restaurants that included became one of the first chain restaurants boxes have increased by double digits.
both the famed Windows on the World in America. The automat, invented in The younger generation seems to be
taking a lot more ownership of their
and the countrys first major food court, Germany, first appeared in the U.S. in 1902
environmental impact, says Fold-Pak
the Big Kitchen, described by Alice K. in Philadelphia. Favorites there included Vice President Wes Gentles. Why does
Turner of New York magazine as prob- tuna on white bread (sliced bread itself the design have to be so frustrating,
though? Any time you have a seam,
ably the chief reason that New Yorkers being a recent invention), beef stew, and
theres an opportunity for moisture to
have partly forgiven the World Trade macaroni and cheese, washed down leak, Gentles says. That rules out a fully
Center for existing at all. with coffee that was brewed fresh hourly removable lid. Its for functionality.
But how functional is it if I cant get to
It was a way of feeding a lot of people and flowed at a consistent temperature
my food? Rebecca Greeneld
at modest prices in a very short space of from brass spigots shaped like dolphin
time, Whiteman explains now. It doesnt heads. At the automats peak, more than
The Lunch Issue
rt
xpe n,
t o an e el Nola
e d nt z t
turn aE ef a
We : Jessic &D ch Sprig,
e lp ve R r t up
h t i a
for xecu ery st bout .
e liv s a er job
h de hink h
lunc who t ch for
lun
out
take

Don't eat this


In the age of the open-plan office, lunchtime
etiquette has never been more important.

Anything superspicy
Your body responds to hot and spicy
foods the same way it responds to
actual heatwith sweat. Unless you
want to be pitted out and smelly for
86
the rest of the day, save the vindaloo
for dinner.

Tuna salad
Nolan is quick to condemn this one:
Its unacceptable and gross. We
dont necessarily agree, but shes a
professional, so well let it stand.

Raw onions
That pico de gallo may look good,
but the aroma will radiate well beyond
your desk.

Overcooked hard-boiled eggs


If its cooked right, it shouldnt
smell, Nolan says. But if its
overcooked, its foul.

Chips, popcorn, or other


crunchy foods
Food should be tasted, not heard. If
you must have popcorn, go for the
prepopped stuff. The buttery smell
of a freshly microwaved bag is way
We wind up here more often than not. too distracting.
That doesnt have to be a sad thing. Blueberries
By Nikita Richardson Not only are they a superfood, high
in fiber and vitamin C and low in
* Leave the five-alarm chili at home
everything bad for you, theyre also
** Heirloom nut butter, that is easy to transport and share.
Etc.

These eight top toppings will


turn even the blandest sandwich
into a midday treat.

1. Big Spoon 5. Cholula chipotle


Roasters Mission hot sauce, $3
almond butter, $14 The original version
Because you deserve a is sharp and fiery;
nut butter made with the smooth, smoky
heirloom nuts and raw chipotle version
wildflower honey. It will help you calmly
will get stale eventually dispatch those
if unrefrigeratedbut it afternoon e-mails.
probably wont last
long enough. 6. Tracklements
robust whole-grain
2. McEvoy Ranch mustard, $8
extra virgin olive oil, With black pepper,
from $27 allspice, and chilies
The flavor notes are backing up an already
fruity with a bit of tangy spread, your
pepper on the finish, turkey sandwich will
Nolan says. never know what hit it.

3. Bourbon Barrel 7. Mikes hot


Foods Bluegrass honey, $10
soy sauce, $7 This Brooklyn brand
The beauty of soy sauce rolled out in 2011
is that it lasts forever. and quickly became
The beauty of this a condiment-world
particular soy sauce is hit. Squeeze a bit on
that its microbrewed your $1 slice to make it
in bourbon barrels in instantly foodie.
the heart of Kentucky.
8. Maldon sea
4. O Fig balsamic salt, $11
vinegar, $12 The glittering,
Nolan loves the flaky grains have
addition of mission a clean flavor
figs to this California- and will make
aged vinegar. Its everything from
a fun twist, she says. avocado toast to
chocolate pudding
look glam.

Burts Bees aloe


and witch hazel
hand sanitizer

Try to put yourself into a bubble for A spritz before and


after with this skin-
20 minutes or so, says Yochanan Altman, a soothing aloe and witch
professor of international human resource Whats sweeter hazel blend keeps an
than dessert? A tidy employee healthy,
management at Middlesex University in
workspace. wealthy, and wise.
London. Headphones are your friend here; so
is the sleep mode on your computer monitor. Chowards mints
If youre not too self-conscious, it also helps to Wireless Wipes
Even if youve never
bow your head for a bit of at-desk meditation. had one of these
in pomegranate-citrus uniquely shaped,
Whatever you do, put down that sales report. There Use these to clean up breath-freshening
are physiological studies that show that [a break that coffee splatter or mints, you may have
hot sauce spot. Theyre seen them before:
improves] your mental and physical abilities to do your
tech-friendly (i.e., Mad Mens Peggy Olson
work, Altman says. Youre not doing anyone any favors prevent static), and kept a pack of these in
by trying to work during your lunch. they smell great. her desk.
Etc. The Lunch Issue

now its own publicly traded company Chipotle for some of this: E. coli outbreaks
with 100 locations, including ones in aside, the restaurant created the blueprint
Moscow, Tokyo, and Abu Dhabi. At $5.29 for just about every fast-casual chain to
for a single patty in the U.S., the burgers come along after it, Shake Shack included.
are more than twice as expensive as what The idea was to offer high-quality, locally
you might get at McDonalds. But theyre sourced food for only a little bit more
made with never-frozen 100 percent than someone would pay at Taco Bell.
Angus beef prepared on-site and served Instead of seasoned ground beef, we got
on rolls made by a family-run company barbacoa. Ketchup and mustard werent I dont think theres any downside.
I understand the value of taking breaks,
in Pennsylvania. enough anymore: We had to put guaca- and I encourage my team members
Consumers today have a deep- mole on everything. to do so, but I dont need lunch. If Im
rooted suspicion of manufactured food, Above all, the post-Chipotle consumer hungry, I follow President Obamas lead
and eat almonds while I work. I try
Whiteman says. Especially in urban wants to be connected to their food, to portion them out into microcourses.
areas, people are willing to spend a little says Nicolas Jammet, one of the three Sometimes Ill grab a handful and eat
more time and a little more money to get founders of the salad chain Sweetgreen. them while pacing during a meeting.
I get in at 8 a.m. and leave at 6 p.m.I just
significantly higher quality than was avail- He and his partners were still undergrad dont think about food during the day.
able before. The average American drops business majors at Georgetown when The upside is that I get more done and
$11 on lunch, according to a survey taken they started the company in 2007. We demonstrate to my employees that
when we get to work, were hustling from
by Visa last year; 1 percent of respondents wanted a place to eat every day that start to nish. If we hustle hard enough,
said they average $50 per day. Credit made us feel good, Jammet says. So you we can leave early and eat all the
feel like you can go out and make a great lupper our hearts desire.

decision with your dollarsfor the com- Jake Rozmaryn, 26,


munity, for farmers, and for your body. chief executive officer, Eco Branding,
as told to Katie Morell
Nine years after opening its first store
just off campus, Sweetgreen has 54 loca-
tions and a fanatical following of rough-
age lovers who line up out the door for midday meal is the center of our dining-
88 its signature salads: the Rad Thai (organic verse, consider the list of chefs whove
arugula and mesclun greens, shredded gotten into the lunch game in the last few
cabbage, citrus shrimp, and spicy cashew years: ramen master David Chang, who
dressing) and the Guacamole Greens hosted the first season of Netflixs Mind of
I have no routine, so I put
(organic mesclun, avocado, roasted a Chef and whose Maple delivery service
myself on one
chicken, tortilla chips, lime- cilantro- has gotten rave reviews; Top Chef head
By Alis Atwell, Etc. photo art director
jalapeo vinaigrette). Told you so on the judge Tom Colicchio, who opened his
Supervising photo shoots at different guacamole thing. first Wichcraft sandwich shop in 2003
times in different places means I can The sheer variety of whats avail- and now looks like a wizard for getting in
never get a consistent lunch thing going.
Have to be in the studio at 11 a.m.? Guess
able for lunch is astounding, especially on the trend so early; and former White
its lunch at 10 or 4. So I gured I should to anyone whos been working long House chef Sam Kass, who used to cook
try smoothies and smoothielike things enough to remember those corner deli for the Obamas but left in 2014 to start
that were quick and portable and allowed
for a free hand to help the stylists.
salad bars with the dry romaine lettuce a meal-delivery service called Sprig. As
Pro tip: Liquid lunches kind of and pale, watery tomato chunks piled for Whiteman, the co-creator of the food
suck. I went to Juicy Cube one day for behind Plexiglas sneeze guards. Sagaria court is still running his restaurant con-
a smoothie (dried gs, raw almonds,
strawberry, papaya, almond milk) and
says he sometimes picks a lunch place by sulting firm. The firm is working on a
nished it before I got back to work. Was walking around USHGs Manhattan head- food hall project, though he wont dis-
that really a lunch break? I drank it so quarters and looking for takeout pack- close the location.
fast that I was freezing when I got back
to my thoroughly air-conditioned office.
aging he doesnt recognize. People are Even automat-style commodity food
I had the opposite problem the next exploring culinary options from their is making a reimagined comeback. For
day when I ordered chicken broth with desks, he says, with a touch of awe. Its the past year, San Franciscans have
coconut milk at a place called Brodo.
It has a takeout window only, so I had
like, Oh, I heard about this new poke been lining up around the block to get
to drink hot broth in 90-degree heat. place. I need to order it. That savvy lunch at a place called Eatsa, where they
By 5 p.m. I was famished. I fantasized employee had probably ordered from punch an order into an iPad and receive
about Indian food for the next 24 hours.
The one meal that didnt leave me
Wisefish Pok, a Manhattan-based shop a $6.95 meal from a hole in the wall.
with a headache or hunger pangs so hoping to make Hawaiian raw fish bowls The chain (slogan: better, faster food)
severe I wanted to vomit: virgin bloody the next big food phenomenon. On the has already spread to Los Angeles; this
marys with a college friend. Salvation
through tomato juice.
West Coast, the leading poke purveyor is fall, the first Eatsa will open in midtown
Santa Monica, Calif.-based Sweetfin Pok, Manhattan. The concept seems novel.
whose ownership group includes David Its quick. And the ingredients are fresh
The bottom line A smoothie isnt Swinghamer, who helped Meyer popu- and healthy, if not exactly exciting.
a real lunch. larize Shake Shack. Eatsas house specialty, the foundation
If you arent yet convinced that the for every dish, is quinoa. 
x Aqimero in Philadelphia
Richard Sandovals new
restaurant has a menu
of refined tacos ($12
to $18) and refreshing
ceviches ($15 or $16)
that will help you power
through your afternoon.
richardsandoval
.com/aqimero

Pine Street Market


This expertly curated
new food market is
dcor seal the deal. lines. Recommend the the perfect place to go
helengreekfood surprisingly refined with a group. Youll
andwine.com fried avocado sandwich find Japanese ramen
on baguette ($11), (Marukin), perfect
and youll have your hot dogs (Op Wurst),
companions eating and Israeli street
Milktooth out of your hand. food (Shalom Yall).
If your dining butcherandbee.com pinestreetpdx.com
companions can get
A business meeting doesnt on board with chef
Jonathan Brooks
Caribbean Room In Situ
have to include a white Bernies Lunch & imaginative creations
grilled rib-eye with okra The menu at Michelin-
Supper Theres no stronger
tablecloth at one of these With its blue banquettes
gumbo and a sunny- power lunch move starred chef Corey Lees
side-up egg ($22) or than the Fridays-only, ambitious restaurant
18 modern spotsall and artful steak salad
($18), this retro-diner-
steamed buns with jacket-required meal inside SFMOMA is an
spicy rabbit rillette and
client-ready, all waiting for style River North spot Indiana gherkins ($8)

D Steak salad at Bernies Lunch & Supper in Chicago


will disarm even the youre bound to get
your reservation. most difficult client. along. milktoothindy.com
bernieslunchand
By Sierra Tishgart supper.com

in July, is an all-day Kali


cafe, complete with Veteran restaurateurs
a jukebox, bone Fountain Detroit
Bread & Butterfly Kevin Meehan and
marrow Bolognese Surprise colleagues Drew Langley are
Take a business trip ($23), and a with an alfresco meal behind this elegant
to Paris by way of knockout wine list. of tuna poke tacos restaurant on Melrose,
cold-smoked trout junesallday.com ($11) at this open-air named after the Hindu
($10), potato-and- restaurant while the goddess of creation,
raclette gratin ($9), weather is still mild. destruction, and power.
and a Champagne fountaindetroit.com kalirestaurant.com
cocktail ($14). Juliet
bread-and-butterfly.com Whether youd rather
nibble a lobster roll on
Helen Greek Food Alter
saffron brioche ($18)
or a chicken-liver and Wine
Any client would be
Junes mousse bnh m ($10), Let the greens-n-cheese impressed by Brad homage to more than
Much-loved local youll find it at this pie ($12) and gyro with at the Pontchartrain
Kilgores five-course 80 dishes created
restaurateur Larry lunch-only spot in oregano fries ($10) break Hotel. Chefs John
tasting menu ($39), by his culinary heroes.
McGuires newest Union Square. the ice, while the all- Besh and Chris Lusk
with dishes such as insitu.sfmoma.org
concept, which opened julietsomerville.com Greek wine list and sleek recently restored the
risotto cacio e pepe with
restaurant; their lunch
duck confit and bone
menu includes foie gras
marrow butter.
with pickled figs ($24),
altermiami.com The Butchers Table
seafood gumbo ($12),
and caramelized goat- Lardo-topped sea
cheese agnolotti ($15). urchin ($12) and sweet
Engine Company thepontchartrainhotel corn fried rice ($15) are
.com/caribbean-room both excellent reasons
No.3
to take a long lunch.
Much of the meat at thebutcherstable.com
this converted fire-
house restaurant is Agern
house-smokedan
This Nordic-leaning
irony you and your Pineapple & Pearls
restaurant from Noma
colleagues can appreci-
co-founder Claus Meyer It can be hard to
ate while sampling the
is conveniently located squeeze in for the
chicken sausage ($6)
in Grand Central popular nightly tasting
and cured bacon ($2).
Terminal, so you can menu. Your clients can
enginecompany3.com
fine-dine and dash. still say theyve been
agernrestaurant.com there if you take them
for lunch, when chef
Butcher & Bee Aaron Silverman serves
his modestly priced
This Charleston, S.C., Aqimero sandwiches ($7 to $9)
favorite recently at the coffee bar.
Opened in June at the
hopped two state pineappleandpearls.com
posh Ritz-Carlton,
D Caribbean Room in New Orleans
Etc. The Lunch Issue

Food52s cookbooks editor, Ali Slagle, helped us develop a weeklong, bring-from-home lunch
program thats so quick, easy, affordable, and satisfying youll have no excuse not to follow
it. For more great weekday meal plans that go all the way through the evening, check out
Food52s upcoming cookbook, A New Way to Dinner, out on Oct. 18 (Ten Speed Press, $35).

April Bloomfields
lemon-caper dressing
Makes about 1 cup
5 oz. chicken 4 oz. 6 lemons 2 shallots
breast shrimp Ingredients
back-and-forth motion to cut
2 medium lemons
away a wide strip of pith and peel,
3 tbsp. finely
following the curve of the fruit
chopped shallot
from top to bottom. Repeat the
2 tbsp. Dijon mustard
process until youve removed all
(Choose one that has a flavor you
Can of tuna of the peel; if youve missed any
like on its own; Food52 uses Maille)
Oil-packed is more luxurious, 8 oz. Rosemary, pith, trim it off. Holding the fruit
90 2 tbsp. capers, drained and
over a bowl to catch the dripping
but water-packed works, too mushrooms thyme, oregano finely chopped
juices, use the knife to separate
tsp. Maldon or
each segment from the inner
other flaky sea salt
membrane and gently pry it out.
tsp. superfine sugar
Flick out any seeds and set the
cup extra virgin olive oil
segments aside for the last step,
reserving the juicy membrane.
Instructions
1 avocado 8 oz. 1. Segment the lemons: Use a 2. Squeeze the remaining juice
salad greens sharp knife to cut off just enough from the membrane into the bowl,
of the peel on the top and bottom add the rest of the ingredients,
to expose a full circle of flesh on and stir well.
both ends. Stand the lemon on
one end, place the knife point 3. Add the lemon segments and
at the seam where the fruit toss gently to coat them without
Capers Extra virgin meets the pith, and use a gentle breaking them up.
olive oil
Assorted vegetables
Celery, cucumbers, fennel, or
others that taste good raw

Marinate it in some dressing for


Dijon mustard Superfine a few hours in the fridge, then
sugar throw it on the grill outside (or in Saut them in a dry pan until
a grill pan on your stove). they start to give off liquid. Add
4 oz. new 4 oz.
dressing and a few sprigs of herbs
potatoes string beans
(however much looks right) and
continue cooking until the liquid
has reduced just a bit.
Because of all the lemon, this
ILLUSTRATIONS BY JACI KESSLER LUBLINER

Mayo Grain of dressing isnt far from a pickling


If you like your choice liquid. Blanch the shrimp in
boiling water, then dunk them
immediately in an ice water bath. Cook a cup of grains, boil your
Transfer the shrimp to a big jar potatoes, and hard-boil the eggs.
and cover them with dressing.
Add other ingredientschili
flakes, sliced onions or fennel,
celery seed or fennel seedfor a
Loaf of Half-dozen more classic pickle flavor, or just
Pack of pitas crusty bread 6 oz. yogurt eggs keep it simple and leave as is.
Before work
Pack up a jar of
dressing for your Before work
work fridge, plus Grab some marinated
the yogurt, the mushrooms, the
chicken, some salad pickled shrimp,
greens, and a pita. avocado, 3 slices of
Instead of snacking on
bread, and more graham crackers, I tried to
At lunchtime salad greens. make a proper lunch
Mix the dressing By Jillian Goodman, Etc. deputy editor
with yogurt, slather At lunchtime
it inside the pita Toast the bread slices In the past few months, Ive developed
pocket, and layer if you can, then spread the habit of noshing on the snacks
in the chicken and on a little dressing. available in the Bloomberg pantry
salad greens. (You already have it at around lunchtime. Most of the time,
work, right?) Top one its a combination of graham crackers,
with mushrooms, freshly ground peanut butter, apples,
one with shrimp, and trail mix, sometimes with celery
and one with avocado, or seaweed snacks. Its tasty, healthy
then scatter some enough, free, and requires no planning.
greens over all. In other words, its perfect.
Alternatively, because A responsible adult should be able
you marinated to plan ahead enough to bring her lunch,
the shrimp and so I decided to try itand now I know
mushrooms why I dont do it more often. Who has
in the same time for all the prep? I was hardly ever
dressing, you home: Between spending time at my
can mix them signicant others place and going about
and make a my normal social schedule, the most
sandwich. I could manage was to throw together
a quick sandwich every day.
If Id been more organized, the week
wouldve been greatI think. Ill keep
trying, but on the days I cant get there,
there will always be graham crackers. 91

The bottom line Planning ahead is hard,


but woman cannot live on nuts alone.

Before work Before work


Chop up 4 of the Quickly steam the
hard-boiled eggs green beans and
and mix in some cut up the potatoes,
dressingadd mayo then layer them in a
or diced celery and container with the
fennel if you want. tuna and 2 quartered
Bring along 2 slices hard-boiled eggs.
of bread, too.
At lunchtime
At lunchtime Salade nioise Before work
Egg salad sandwich! is almost ready for Throw your cooked
If youre looking youjust drizzle grains into a bowl
for more, bring on some of your with the rest of the
salad greens and work dressing. marinated mushrooms
drizzle on dressing and whatever
from your vegetables you have
work supply. left, then mix in the
last of your home
dressing. Pack up the
rest of the salad greens
separately, if theyre
still looking good.

At lunchtime
Add a little water
to your grains,
and warm in the
microwave to create
a creamy, risottolike
porridge. Dress
the greens and eat
them alongside.
How Did
dIG
Get
et Here?

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e world is going and make sure your organization is there. We may serve 10 million people a week, but if were going to be competitive, its all about one guests experience.
x Class photo, 1968
I went to
HBS
not knowing Livingston High
what an School, Livingston, N.J.,
class of 1971
investment
banker was. Clark University,
Worcester, Mass.,
class of 1976
L Graduating
from Harvard Harvard Business School,
Business School class of 1978

I went off to D.C. and did


Nobody bought cookies before noon. political campaign consulting.
So I decided to put in French baked goods
We were using geo-
and became a licensee of a three-store
chain called Au Bon Pain. Sometimes they demographic targeting with
billed me, sometimes they didntthey voters, the forerunner to what
92 were out of control.
197879 people now call Big Data.
Eastern regional
manager, Original Cookie
We reached an agreement Company
to take my one cookie store and 197980
the Au Bon Pain bakeries and President,
Targeting Systems
create a new company, of which
I got 60 percent of the stock. 198081
Founder, the Cookie Jar
They had $3 million in debt.
198199
Co-founder, co-chairman,
CEO, Au Bon Pain

19992010
Chairman and CEO, D One of the original St. Louis
Panera Bread Bread Co. locations, 1993

2010
Present
Co-founder, No Labels I met a couple of guys with
201013
19 stores called St. Louis Bread
Executive chairman, Company. I thought, Maybe
Panera
we should buy it. Au Bon Pain
2013 can do urban, and these
Present
Chairman and CEO, guys can do suburban. We later
D With Au Bon Pain co-founder, Panera
Louis Kane, 1991
renamed it Panera.
Courtesy subject (5). Courtesy Panera (4)

Its an advocacy group about Weve got 2,000 stores, over


reducing the hyperpartisanship 100,000 employees, $5 billion in
in D.C. Its got a million market cap, and serve 3 to 4 percent
members today. of all Americans every week.
e th
er

h
Growth isnt about pressing the accelerator; its about opportunities to move in specic directions. The job of leadership is to gure out w
You cant
mine for gold
without the
right tools.
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