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How JPMorgan Chase Affords Those Big Bonuses

Alan sez, "Apparently they do it by clogging the court system with dubious - and allegedly fradulent - claims against people for credit card debt. Let's see... massive numbers of lawsuits, hasty filings, breakneck pace, questionable and incomplete records. I wonder if JPMC is taking a page from the Cartel's playbook?" Cory

Hedge fund managers suck at making money (for you)

The Financial Times analyzed the stock picks of the presenters at this week's Ira Sohn Investment conference in NYC and found that, on average, following a hedge fund manager was a much worse bet than buying passive index funds (though a couple hedgies did do pretty well last year, they were dragged down by the spectacularly wrong advice from the majority):

But a Financial Times analysis of last year's tips shows decidedly mixed results. An investor who followed every top idea from the 12 speakers last year would have made 19 per cent, less than the 22 per cent gain available from a passive index fund tracking the US stock market.

Many of the ideas have proved woefully miscued, including some from the most high-profile managers who will return to the stage on Wednesday: David Einhorn of Greenlight Capital and Bill Ackman of Pershing Square.

Tips From Wall Street Hedge Fund Gurus Fail to Reward Faithful

Apple won't fix your computer if you smoke near it


Consumerist's Laura Northrup rounds up several years' worth of stories from Apple customers who say they were denied warranty support on their computers because they'd smoked around them. As an annoying ex-smoker, I can sympathize with a tech who doesn't want to work on a machine that smells like an old ashtray, but that's what painter's masks are for -- I've also serviced machines that reeked of BO and other less savory odors. This just feels like a way to weasel out of doing warranty service and forcing customers to pay for new machines. If the company has a policy of not fixing machines if you smoke near them, it should say so when it sells you the warranty: WARNING: IF YOU LIGHT UP NEAR YOUR LAPTOP, WE WON'T EVER FIX IT, EVEN IF IT IS MATERIALLY DEFECTIVE.

Dena set up an appointment at the same Apple store. They told me that they would take pictures of the computer – both inside and out before determining whether to proceed and that if the only problem was the optical drive, they’d probably just replace it. Dena called me earlier this week to deliver the “bad news.” She said that the computer is beyond economical repair due to tar from cigarette smoke! She said the hard drive is about to fail, the optical drive has failed and it isn’t feasible to repair the computer under the warranty. This computer is less than 2 years old! Only one person in my household smokes – one 21 year old college student. She said that I can get it repaired elsewhere at my expense. I asked why my warranty didn’t cover the repair and was told it’s an OSHA violation.

Smoking Near Apple Computers Creates Biohazard, Voids Warranty

Crappy iPhone game asks kids to buy $500 worth of in-app crap on the first screen

Boing Boing alum John Brownlee writes about an atrociously ugly Super Mario Bros. clone that hits players up for $500 worth of in-app purchases on the first screen.

I bet you’re itching to play it. Sadly, though, you can’t. Apple’s already yanked it from the App Store. You probably didn’t want to play it anyway, though: it has to be the most shamelessly abusive examples of in-app purchases that mortal mind can comprehend.

The amazing thing here isn’t that Apple banned it, it’s that they didn’t catch any of this to begin with! Especially considering the fact that the developer, Mario Casas, seems to reupload this exact same game to Apple — with the exact same in-app purchase scheme — every couple of months with a new name and new graphics, scamming players until he’s caught. And thus the cycle starts anew.

This Crappy Game Is The Most Shameless Abuse Of In-App Purchases You’ll Ever See

Too-big-to-fail banks implicated in $500 trillion fraud: biggest price-rigging scandal in history

In Rolling Stone, the amazing Matt Taibbi documents a breaking price-rigging scandal involving the world's biggest banks. The $500 trillion conspiracy to game the interest-rate swaps victimizes every city, town, state and nation that uses bonds to raise money, diverting an unimaginable sum from tax coffers to the pockets of mega-rich bankers. If you've been staring around at the empty storefronts, closed libraries and schools, homeless and breadlines since 2008 and wondering "Where did all the money go?" then wonder no longer.

Though interest-rate swaps are not widely understood outside the finance world, the root concept actually isn't that hard. If you can imagine taking out a variable-rate mortgage and then paying a bank to make your loan payments fixed, you've got the basic idea of an interest-rate swap.

In practice, it might be a country like Greece or a regional government like Jefferson County, Alabama, that borrows money at a variable rate of interest, then later goes to a bank to "swap" that loan to a more predictable fixed rate. In its simplest form, the customer in a swap deal is usually paying a premium for the safety and security of fixed interest rates, while the firm selling the swap is usually betting that it knows more about future movements in interest rates than its customers.

Prices for interest-rate swaps are often based on ISDAfix, which, like Libor, is yet another of these privately calculated benchmarks. ISDAfix's U.S. dollar rates are published every day, at 11:30 a.m. and 3:30 p.m., after a gang of the same usual-suspect megabanks (Bank of America, RBS, Deutsche, JPMorgan Chase, Barclays, etc.) submits information about bids and offers for swaps.

And here's what we know so far: The CFTC has sent subpoenas to ICAP and to as many as 15 of those member banks, and plans to interview about a dozen ICAP employees from the company's office in Jersey City, New Jersey. Moreover, the International Swaps and Derivatives Association, or ISDA, which works together with ICAP (for U.S. dollar transactions) and Thomson Reuters to compute the ISDAfix benchmark, has hired the consulting firm Oliver Wyman to review the process by which ISDAfix is calculated. Oliver Wyman is the same company that the British Bankers' Association hired to review the Libor submission process after that scandal broke last year. The upshot of all of this is that it looks very much like ISDAfix could be Libor all over again.

"It's obviously reminiscent of the Libor manipulation issue," Darrell Duffie, a finance professor at Stanford University, told reporters. "People may have been naive that simply reporting these rates was enough to avoid manipulation."

And just like in Libor, the potential losers in an interest-rate-swap manipulation scandal would be the same sad-sack collection of cities, towns, companies and other nonbank entities that have no way of knowing if they're paying the real price for swaps or a price being manipulated by bank insiders for profit. Moreover, ISDAfix is not only used to calculate prices for interest-rate swaps, it's also used to set values for about $550 billion worth of bonds tied to commercial real estate, and also affects the payouts on some state-pension annuities.

So although it's not quite as widespread as Libor, ISDAfix is sufficiently power-jammed into the world financial infrastructure that any manipulation of the rate would be catastrophic – and a huge class of victims that could include everyone from state pensioners to big cities to wealthy investors in structured notes would have no idea they were being robbed.

Everything Is Rigged: The Biggest Price-Fixing Scandal Ever (Thanks, Elix!)

Book multi-city itineraries as one-ways and save

If you're booking a multi-city trip by air, you should really price it out as a series of one-way flights, rather than as a single ticket. As Mike Masnick discovered, the arcane airline ticketing rules require ticketing agencies to stick random, high-priced business-class tickets into multi-hop itineraries, which can double the cost of your trip. The ticketing websites -- Expedia, Travelocity, Hipmunk, Kayak, and Orbitz -- all either failed to show this information, produced suboptimal itineraries with unnecessary overnight layovers, or obscured the best flights in some other important way. Masnick got a spokesperson for Hipmunk to explain it all:

After going through all of this, I reached out to folks at Hipmunk, to see if they could explain the result. Hipmunk's Adam Goldstein kindly explained the basic situation, noting that airlines have all sorts of rules about what tickets can be combined with others. If you've never dealt with the insane details of fare classes (which go way beyond seating classes), you can spend way too much time online reading the crazy details. Given that, it seems that it is these kinds of "fare classes" that are the "culprit" -- and by "culprit" I mean the way in which the airlines force you into spending much, much, much more than you need to.

That said, Goldstein also argues that there are downsides to buying individual flights. He brings up, as we discussed above, the issue of connecting flights (and also having bags checked all the way through to destination) -- but as noted, that doesn't apply in this situation. He also points out that if you have to "change or cancel your whole trip, you have to pay separate change/cancel fees for each booking, instead of one for the whole thing." That's absolutely true, but is that "insurance" worth paying twice as much? I could rebook my entire trip with different times and dates... and basically pay the same total amount. So... that argument doesn't make much sense.

In the end, it really feels like a scammy way of making fliers pay a lot more than they need to, without them realizing it. What I do know, however, is that if you're looking for the best deals, do not assume that a multi-city search will turn up the cheapest prices -- and also recognize that the different search engines can give out extremely different answers. For example, if price was the only concern, and short flight times/non-stop flights were less important, then obviously that British Airways option at the end is by far the best price -- but it turns up on none of the other search engines. However, I'd imagine that most casual fliers have no idea, and I wonder if many people end up booking multi-city flight options, not realizing that they could save a ton by booking the exact same flights individually.

Flight Search Engines And The Multi-City Ripoff

How DC insiders launder insider market information for the rich

We already know that Congresscritters make huge bank through insider trading, exploiting a loophole that lets them place bets on the stock market based on rules they have yet to announce. But this game-rigging con isn't limited to elected officials: a whole class of unregulated beltway insiders make their living by wheedling "political intelligence" (that is, insider information about upcoming regulations and laws) out of politicians and their staff, and then selling it on to consultants who package it up into legal insider trading recommendations for the hyper-rich.

The U.S. Government Accountability Office has released Financial Market Value of Government Information Hinges on Materiality and Timing, a 34-page report on this practice, trying to figure out how pervasive the scam is. They didn't get any great answers:

"The political intelligence industry is flourishing, enriching itself and clients in the stock market, yet the report notes that it could not document who these people are or how much they profit," [Craig Holman, government affairs lobbyist for government watchdog Public Citizen] said. "Without full transparency of the activity of these political intelligence consultants and their clients, it is nearly impossible to know if they are trading on illegal insider information."

Government Report Examines 'Political Intelligence,' But Questions Remain [Legal Times/Andrew Ramonas]

(Thanks, Alan!)

Paying patent trolls off makes you complicit in the next round of extortion

Joel Spolsky's editorial on patent trolls is fabulous. As he points out, the developers who pay relatively small sums to make patent trolls just go away are part of the problem, and complicit in the next round of extortion. Paying mobsters keeps them viable, and able to attack new victims:

In the face of organized crime, civilized people don’t pay up. When you pay up, you’re funding the criminals, which makes you complicit in their next attacks. I know, you’re just trying to write a little app for the iPhone with in-app purchases, and you didn’t ask for this fight to be yours, but if you pay the trolls, giving them money and comfort to go after the next round of indie developers, you’re not just being “pragmatic,” you have actually gone over to the dark side. Sorry. Life is a bit hard sometimes, and sometimes you have to step up and fight fights that you never signed up for.

Civilized people don’t pay up. They band together, and fight, and eliminate the problem. The EFF is launching a major initiative to reform the patent system. At Stack Exchange, we’re trying to help with Ask Patents, which will hopefully block a few bad patents before they get issued.

The Application Developers Alliance (of which I am currently serving as the chairman of the board) is also getting involved with a series of Developer Patent Summits, a nationwide tour of 15 cities, which will kick off a long term program to band together to fight patent trolls. Come to the summit in your city—I’ll be at the San Francisco event on April 9th—and find out what you can do to help.

The Patent Protection Racket (via Copyfight)

Porno-copyright trolls Prenda Law get hauled in front of a very angry judge

Popehat's Ken White attended a hearing in United States District Court Judge Otis D. Wright II's California courtroom. Judge Wright is the judge most likely to put a halt to the astounding shenanigans of the notorious porno-copyright trolls Prenda Law, who have been accused of lying to the court; blackmailing thousands of people with legal threats ("pay up or we'll file a lawsuit that will forever associate your name with pornography with an embarrassing title"); and, incredibly, stealing the identity of a humble caretaker and naming him the CEO of a semi-fictional company that allegedly hired the firm to make all those legal threats.

Judge Wright ordered all the parties to show up in his court yesterday -- the Prenda lawyers, the caretaker, defendants' lawyers, and more -- but not everyone obeyed his order. The main party in the courtroom was Brett Gibbs, a junior-seeming lawyer who appears to have been made bagman for a big con that he was only dimly aware of. White's writeup is somewhat sympathetic ("a young attorney out of his depth who fell in with the wrong crowd and made bad choices") but remember: he was a knowing part of a racket that terrorized thousands and thousands of people with what amounted to legal blackmail, where the demand came to "Guilty or innocent, you need to pay up or have your life ruined."

White is an excellent writer, and his account of the hearing is riveting. Now we're all waiting to hear what the judge's order will be. My guess is that it will go very badly for Prenda Law.

Brett Gibbs is in trouble. I buy him as a dupe here. Indeed, he admitted that "maybe" he felt duped. Yet though he pointed to Hansmeier and Steele as the decision-makers in this travesty, and disclaimed any knowledge of wrongdoing, he and his attorneys seemed oddly reluctant to throw Steele and Hansmeier all the way under the bus. It's more like he handed them a bus schedule and gave them a gentle shove in that general direction. Gibbs continued to argue that it wasn't clear until Cooper's testimony today that the Cooper signatures weren't genuine, a position that drew guffaws in the courtroom and an incredulous expression from Judge Wright. He and his attorneys seemed to want to suspend judgment about whether Prenda committed any misconduct at all -- a tactical error at this point, I think, and harmful to their credibility. The judge interrupted their closing arguing by asking pointedly whether a lawyer -- even if he is supervised by people out of state -- has an obligation to investigate facts himself. Ultimately, Judge Wright did not sound inclined to accept Gibbs' innocent stance.

Wright did not say, explicitly, what he would do about Steele, Hansmeier, Duffy, or the rest of the Prenda Law team. But when Pietz began laboriously to explain the basis for jurisdiction over each of them, Wright cut him short, suggesting that he found the evidence clear. (So, for the record, did I, given the evidence of Steele's contacts with California, Steele's and Hansmeier's supervision of Gibbs in California, and Duffy's substitution into cases in California and membership in the California bar. Their lack-of-jurisdiction argument is borderline frivolous.) I suspect, based on his comments, that Judge Wright will not let the consequences of this situation rest entirely on Gibbs' shoulders. What could he do? He could probably sanction the Prenda Law parties under his inherent authority based on their supervision of Gibbs. But I suspect Judge Wright will go further than that, with criminal referrals and messages to various state bars. There could also be further orders to show cause, or even bench warrants. Judge Wright didn't seem inclined to give them warning. But every indication is that they are in real legal peril.

There's been a lot of anticipation of today's hearing. The hearing lived up to it. It was a disastrous day for Prenda Law.

Deep Dive Analysis: Brett Gibbs Gets His Day In Court -- But Prenda Law Is The Star

Closer look at the scammy, awful contracts from Random House's new ebook imprints

Yesterday, I blogged about the awful contracts on offer from Random House's new Hydra imprint, which runs like a scam vanity-press, paying no advances, seizing all rights and charging normal publisher's operating costs to the author. John Scalzi's gotten ahold of the (presumably identical) contract for Alibi, the mystery/crime-book version of Hydra, and it really is awful.

The fact that Alibi is shifting those costs to the author is hugely significant, for reasons noted in the previous entry (i.e., Alibi is shifting an extraordinary portion of the risk of publishing onto the author’s back). But it’s also worrying to the author for two other reasons:

One, it puts the author in the hole to the Alibi for an amount which the author has almost no control over — it’s Alibi choosing how much to spend on the services and expenses which constitute the Net Billings. All the author is empowered to do (at least as I read the contract) is pay for them. It should be noted that Random House probably owns warehouses and printing presses (or has long-terms arrangements which represent sunk costs), so in effect the publisher will be charging the author for services it provides, i.e., it’s taking money from the author and putting it into its own pocket — payment for services publishers are supposed to provide as their part of the publishing equation. The contractual language does note that some expenses are to be “mutually-agreed” upon, but this just brings up another problem:

Two, it transfers the cost of these services onto the most ignorant partner in the contract — which is to say, the author. Yes, authors, I know. You are smart. But — can you tell me what “plant costs” mean? What about “conversion fees?” Can you give me a sum that you know with certainty to be in the ballpark, in terms of what those costs and fees should be? Do you know how much it costs to print and bind a book? Are you sure? Is Alibi printing them individually or in one large print run? How will that affect unit cost? What’s a reasonable sum for warehousing? You better know because the contract won’t tell you — or at least the one I have in front of me sure as hell doesn’t.

And here’s another thing to consider: When it’s the publisher fronting the costs for printing, warehousing, plant fees or whatever, it will, out of its own self-interest, they will try to lower the cost as much as possible, because not doing so will cut into its profits. But authors, when you are fronting the fees, the printing, warehousing, plant fees and everything else becomes a potential profit center for the publisher.

A Contract From Alibi

Random House launches ebook imprint that's run like a predatory vanity press

Writer beware. According to an email from the Science Fiction Writers of America, Random House has launched an imprint called "Hydra" with all the hallmarks of a sleazy, scammy vanity-press: no advance on royalties, perpetual, all-rights assignments of copyrights, and all production expenses charged to the writer before any royalties are paid.

SFWA has determined that works published by Random House’s electronic imprint Hydra can not be use as credentials for SFWA membership, and that Hydra is not an approved market. Hydra fails to pay authors an advance against royalties, as SFWA requires, and has contract terms that are onerous and unconscionable. Hydra contracts also require authors to pay – through deductions from royalties due the authors – for the normal costs of doing business that should be borne by the publisher. Hydra contracts are also for the life-of-copyright and include both primary and subsidiary rights. Such provisions are unacceptable. At this time, Random House's other imprints continue to be qualified markets.

This kind of rip-off is semi-standard with record deals, but it's unheard of in legit publishing, where the author typically receives an advance on royalties that is not refundable if it doesn't earn out; where authors traditionally assign a few, time-limited rights (English print/audio/ebook for a given territory, say); and where the production costs are wholly borne by the press in exchange for keeping the lion's share of any book revenue.

Hydra's deal is much, much worse than the one you'll get from a real DIY option like BookBaby or CreateSpace or Lulu, where you only pay for services you want, keep 100% of your profits, and assign no rights at all to the "publisher." It's got all the downsides of a DIY press, and all the downsides of a traditional press, and the upsides of neither.

Soccer match-rigging, straight out of a Gibson novel


Here's a brutal, must-read article from Brian Phillips detailing the bizarre, globalized game of soccer-match-rigging, which launders its influence, money and bets through countries all over the world, in what sounds like an intense, sport-themed LARP of a William Gibson Sprawl novel:

Right now, Dan Tan's programmers are busy reverse-engineering the safeguards of online betting houses. About $3 billion is wagered on sports every day, most of it on soccer, most of it in Asia. That's a lot of noise on the big exchanges. We can exploit the fluctuations, rig the bets in a way that won't trip the houses' alarms. And there are so many moments in a soccer game that could swing either way. All you have to do is see an Ilves tackle in the box where maybe the Viikingit forward took a dive. It happens all the time. It would happen anyway. So while you're running around the pitch in Finland, the syndicate will have computers placing high-volume max bets on whatever outcome the bosses decided on, using markets in Manila that take bets during games, timing the surges so the security bots don't spot anything suspicious. The exchanges don't care, not really. They get a cut of all the action anyway. The system is stacked so it's gamblers further down the chain who bear all the risks.

What's that — you're worried about getting caught? It won't happen. Think about the complexity of our operation. We are organized in Singapore, I flew from Budapest, the match is in Finland, we're wagering in the Philippines using masked computer clusters from Bangkok to Jakarta. Our communications are refracted across so many cell networks and satellites that they're almost impossible to unravel. The money will move electronically, incomprehensibly, through a hundred different nowheres. No legal system was set up to handle this kind of global intricacy. The number of intersecting jurisdictions alone is dizzying. Who's going to spot the crime? Small-town police in Finland? A regulator in Beijing? Each of them will only see one tiny part of it. How would they ever know to talk to each other? Dan Tan has friends in high places; extradition requests can find themselves bogged down in paperwork. Witnesses can disappear. I promise; you'll be safe. Who can prove you didn't see a penalty? We're fine.

Best part? Pro soccer is so corrupt that they don't give a damn, despite the fact that there is no game there, just a network of frauds that may exceed $1B:

Let me answer that question by referring you to the phrase that I hope will be your primary takeaway from this piece. Soccer. Is. Fucked. Europol announced the investigation Monday, leaving everyone with the impression that this was an ongoing operation designed to, you know, stop a criminal, maybe catch a bad guy or something. On Tuesday, multiple journalists reported that Europol is no longer pursuing the investigation. They've turned the information over to the dozens of prosecution services in the dozens of countries involved, which should keep things nice and streamlined. The man at the center of the whole story, the Singaporean mobster Tan Seet Eng, known as Dan Tan, has a warrant out for his arrest, but the Singaporeans won't extradite him and Interpol won't pressure them to do so.3 UEFA and FIFA talk about stamping out corruption, but, and I'll try to be precise here, FIFA rhetoric is to action what a remaindered paperback copy of Pippi in the South Seas is to the Horsehead Nebula. FIFA is eyeballs-deep in its own corruption problems, being run, as it is, by a cabal of 150-year-olds, most of them literally made out of dust, who have every incentive to worry about short-term profit over long-term change. They all have streets named after them, so how could they have a bad conscience? FIFA sees the game as a kind of Rube Goldberg device, or, better, as a crazed Jenga tower, and their job is to keep it standing as long as the money's coming in. Doesn't matter how wobbly it gets. Nobody look at the foundations.

Match-Fixing in Soccer [Brian Phillips/Grantland]

(via Schneier)

(Image: FIFA visita as obras da Arena Fonte Nova, a Creative Commons Attribution (2.0) image from agecombahia's photostream)

Looking for podcasters who've been shaken down by patent trolls

The Electronic Frontier Foundation is looking for podcasters who've received legal threats from Personal Audio, a patent troll that claims a bullshit patent on "disseminating a series of episodes represented by media files via the Internet." Cory

American insurers charge reckless rich drivers less than safe poor drivers

The Consumer Federation of America did a mystery shopper review of several auto insurers and found that drivers with at-fault accidents paid lower premiums than drivers with spotless records -- provided that the careless driver was rich and well-educated and the careful driver was a single renter without an advanced degree.

Using two hypothetical characters the group compared premiums offered to two 30-year-old women. Both had driven for 10 years, lived on the same street in a middle-income Zip code and both wanted the minimum insurance required by whichever state the group was researching.

The imaginary woman who wasn’t married, rented a home, didn’t have coverage for 45 days but has never been in an accident or ticketed with a moving violation was compared to a married executive with a master’s degree who owns her home and has always had continuous insurance coverage. But she’d been in an accident (again, hypothetically) that was her fault and caused $800 in damage within the last three years.

The results were somewhat surprising, although there were differences across the five insurers. Farmers, GEICO and Progressive always gave a higher quote to the safer driver than the woman who’d caused an accident. Across all 12 cities in the study, State Farm offered the lowest or second lowest premiums.

“State insurance regulators should require auto insurers to explain why they believe factors such as education and income are better predictors of losses than are at-fault accidents,” said J. Robert Hunter, CFA’s director of insurance and former Texas insurance

Consumer Group: The Rich May Pay Less For Car Insurance Even If They’re Not Safe Drivers [Consumerist/Mary Beth Quirk]

LARGEST AUTO INSURERS FREQUENTLY CHARGE HIGHER PREMIUMS TO SAFE DRIVERS THAN TO THOSE RESPONSIBLE FOR ACCIDENTS (PDF) [Consumer Federation of America]

The crazy world of engagement ring financing

Gerri Detweiler of credit.com has an article about sleazy engagement ring financing.

[H]ere is what some of the major jewelry stores are currently advertising. With all of these plans, if you make one late payment or fail to pay the balance in full during the promotional period, interest will be charged from the date of purchase — not from the date the promotional period ends.

Jared: 0% interest if paid in full within 12 months; up to 24.99%.

Kay Jewelers: 0% interest if paid in full within 12 months; up to 24.99%.

Shane and Company: 0% interest if paid in full in 6 months; 27.99%

Zales: 0% interest if paid in full in 6 months; 23.73% to 28.99%

While interest-free financing may work out fine if you are able to pay off the balance, it is risky if you aren’t able to come up with the cash to pay it off.

One more potential trap: Applying for one of the accounts will create an inquiry on your credit reports. Plus, if you accept the financing, you’ll have a new account with a balance listed on your credit reports, and that could potentially have a negative effect on your credit scores.

The crazy world of engagement ring financing

(Image: Life in the old dog yet, a Creative Commons Attribution (2.0) image from aldenchadwick's photostream)