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How the SEC Abetted Madoff's Heist, Then Covered Its Tracks
First the Swindle, Now the Whitewash. Eamonn Fingleton on how the SEC helped Madoff steal $50 billion and has now covered its tracks. Danny Weil on the latest big chapter in the smash and grab saga of neo-liberalism: privatizing Public Schools. Goodbye unions; hello “private contractors”. Now it’s Los Angeles’ turn. But, yes, we can fight back. Weil tells how. “All I ask is that the poor family I give the cow to promises never to send it to the abattoir.” Meet Lachchu, the man who saves cows. P. Sainath reports from India. Get your new edition today by subscribing online or calling 1-800-840-3683 Contributions to CounterPunch are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now! CounterPunch books and t-shirts make great presents.
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Today's Stories September 25-7, 2009 Daniel Wolff David Michael Green Ramzy Baroud September 24, 2009 Steven Higgs Christopher Brauchli Marshall Auerback Stephanie Westbrook Nadia Hijab Sen. Russell Feingold David Macaray Binoy Kampmark Joe Allen Website of the Day September 23, 2009 Paul Craig Roberts Gabriel Kolko Uri Avnery Shamus Cooke Missy Beattie Gareth Porter Mark Weisbrot Dr. Susan Block Norm Kent Richard Neville Website of the Day September 22, 2009 Franklin C. Spinney The Huge Hole in Gen. McChrystal's Afghan Counterinsurgency Strategy Russell Mokhiber Greg Grandin Nikolas Kozloff John Ross Ron Jacobs Tariq Ali Dave Lindorff Harvey Wasserman Vijay Prashad Kareem Shora Website of the Day September 21, 2009 JoAnn Wypijewski Carl Finamore Uri Avnery Nikolas Kozloff Paul Simpson, M.D. Alan Nasser Ray McGovern Dave Lindorff Lina Thorne Jeb Sprague Website of the Day September 18-20, 2009 Alexander Cockburn Russell Mokhiber Mike Whitney David Michael Green Jonathan Cook Nadia Hijab Mark Weisbrot Michael Winship Michael Leonardi Andy Worthington Fred Gardner David Macaray David Rosen Jason Mark Mike Ferner Farzana Versey Ron Jacobs elin o'Hara slavick Gilad Aztmon David Yearsley Charles R. Larson Lorenzo Wolff Website of the Weekend
September 17, 2009 Joshua Frank Brenda Norrell Robert Weissman Pam Martens Franklin Lamb Ricardo Alarcón de Quesada Jed Bickman Alan Farago Website of the Day September 16, 2009 Ray McGovern Stephen Green Andy Worthington Dean Baker Anthony DiMaggio Ricardo Alarcón de Quesada Benjamin Dangl Robin Willoughby Eric Walberg James Ridgeway Website of the Day September 15, 2009 Mike Whitney Mutadhar al-Zaidi Marshall Auerback Afshin Rattansi Jonathan Cook Gareth Porter: Dave Lindorff Winslow T. Wheeler Franklin Spinney Karen Korenoski / David Macaray Susie Day Website of the Day September 14, 2009 Paul Craig Roberts M. G. Piety Shamus Cooke Bouthaina Shaaban Alvaro Huerta John Ross Harvey Wasserman Adam Federman Stephen Fleischman Robert Jensen Website of the Day September 11-13, 2009 Alexander Cockburn JoAnn Wypijewski Carl Ginsburg Leonard Peltier Franklin Lamb Benjamin Dangl Mike Whitney John Berger Saul Landau Russell Mokhiber Ricardo Alarcón de Quesada Felice Pace Jordan Flaherty Ron Jacobs David Macaray David Correia Robert Bryce Christopher Brauchli Paul Krassner Charles R. Larson Kim Nicolini David Yearsley Lorenzo Wolff Poets' Basement Website of the Weekend September 10, 2009 Joshua Frank Dean Baker Brian M. Downing Franklin C. Spinney Andy Worthington Chase Madar Farzana Versey Ronnie Cummins Binoy Kampmark Timothy Lebrón Charles R. Larson Website of the Day September 9, 2009 Richard Neville Melissa Checker Nadia Hijab Robert Weissman Jonathan Cook Russell Mokhiber James Ridgeway Richard W. Behan James McEnteer Martha Rosenberg Website of the Day September 8, 2009 Henry A. Giroux Stephen Soldz John Ross Jeff Leys Mike Whitney Ashcroft: Repugnant to the Constitution Shamus Cooke Ellen Brown Norman Solomon Men With Guns: In Kabul and Washington Deepak Tripathi Laray Polk Charles R. Larson Website of the Day September 7, 2009 Vicente Navarro Bouthaina Shaaban David Macaray Paul Craig Roberts Jonathan Cook Conn Hallinan Walter Brasch Mark Weisbrot Carl Finamore C. G. Estabrook Website of the Day September 4-6, 2009 Alexander Cockburn Carl Ginsburg Jonathan Cook George Wuerthner Marc Levy Ray McGovern Ricardo Alarcón de Quesada Joe Paff Gareth Porter Devin Beaulieu Anthony Papa David Ker Thomson Don Fitz Lee Sustar / Jim Goodman Wajahat Ali Ron Jacobs Helen Redmond John V. Walsh Charles R. Larson Mark Scaramella David Yearsley Ben Sonnenberg Poets' Basement Website of the Weekend September 3, 2009 Marcus Rediker Ron Jacobs Mike Whitney Ricardo Alarcón de Quesada Saul Landau Anat Matar Tanya Golash-Boza Dave Lindorff Andy Worthington Website of the Day September 2, 2009 John Ross Vijay Prashad Rev. Jim Rigby Joanne Mariner Missy Beattie Soren Ambrose Diane Farsetta Nadia Hijab Shamus Cooke Charles R. Larson Website of the Day September 1, 2009 Jeffrey St. Clair Paul Craig Roberts Mark T. Harris Dean Baker Jeffrey Buchanan Robin Mittenthal Ellen Brown Martha Rosenberg Website of the Day
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Weekend Edition The Charter Schools GambleSpeculating on EducationBy DANIEL WOLFF "We’re not speculators. We’re investors.” So says the CEO of a real estate trust that recently sunk some $170 million into 22 charter schools. Which got me wondering: why charter schools? How do they end up looking like sound investments? It turns out the buyer, Entertainment Properties Trust (EPR), buys real estate nationwide, with its total portfolio worth about $2.6 billion. Over half of that is in megaplex movie theaters. EPR’s stated goal is to be "the nation's leading destination entertainment, entertainment-related, recreation and specialty real estate company." So why charter schools? According to EPR's website: "We understand that education is among the most vital experiences of life. Movie theatres and charter schools are very different in many ways, but they are alike in this respect: People choose to patronize them. Our experience in financing specialized real estate enables us to capitalize on properties that people choose to visit." Huh? EPR, based in Kansas City, Missouri, consists of sixteen full-time employees. David Brain, President and CEO, says his favorite part of the job is: "solving problems and crafting a deal, and creating something really In this case, the tenant is a charter-school operator called Imagine. Founded in 2004, it now runs 74 schools from New York to Arizona involving some 36,000 students. Imagine says its goal is “giving the families quality educational choice” by establishing “independently operated public schools.” Charters are public schools in that the funding comes from state and local school taxes. Imagine gets a certain amount of money for each of its charter students based on the home district’s per-student expenses. The more kids Imagine enrolls, the more money it gets (and the less goes to traditional public schools.) Over the last few years, charters have been successfully attracting more and more students: in central Ohio, for example, Imagine’s budget doubled in 2005-06 and doubled again the next year. The money pays for teachers, supplies, maintenance, etc. But the problem charter schools have is getting the capital to buy or lease buildings. The vice-president of policy for the National Alliance for Public Charter Schools calls it “the biggest challenge.” What Imagine did was start a real estate arm: Schoolhouse Finance LLC. In central Ohio, for example, this financial arm purchased a building for $1.5 million with a $4.6 million mortgage. But tying up their money in property ends up limiting how much charter schools can expand. So Imagine turned around and sold its buildings as part of a larger sale-lease transaction with a company called JER Investors Trust Inc. This brought in $5.6 million over Imagine’s original purchase price. Imagine did a similar deal in Indiana, where its real estate arm made $2.6 million on an old YWCA it bought for $1.9 million. In fact, real estate plays a key role in Imagine’s charter school operations: its investments in buildings went from $19 million in 2005 to $297 million in 2008 -- suggesting that charter schools can turn the challenge of finding classrooms to their advantage. But why does a company like JER think charter school buildings are a good investment? JER’s founder, Joe Robert, made his killing in the savings and loan fiasco of the 1980's. Through his connections with the Federal Savings and Loan Association, Robert was awarded the largest contract ever at the time ($120 million in assets) to manage and sell the government’s “troubled” properties. He cleaned up, moving from there to handling assets for himself and other investors. By 1986, he was managing a portfolio worth some $7.5 billion. Soon, JER was working with Goldman Sachs and the Blackstone Group. Its profits only increased with the various mortgage and investment arrangements that helped create the real estate bubble. As a Washington Post reporter put it, "In those days … it was not unusual for Robert to double and triple his money, sometimes within a matter of months." A high-flying investor, then, who spent some $77.5 million buying into charter schools. A November 2008 story from Las Vegas helps explain why. Imagine ran a Nevada school called the 100 Academy of Excellence, which -- based on the local per-student cost -- received about $3 million from the state each year. Half of that, the story reports, went to running the school and half went back to the operator, Imagine. Of the $1.5 million Imagine got, it paid almost all of it -- $1.4 million -- to Joe Robert’s company to cover its lease. That’s an enormous percentage of your budget to pay for classrooms. (And Imagine has high leases in other schools, like Fort Wayne’s MASTer Academy.) But Imagine is a start-up company. It needs classrooms to draw students -- to expand its brand name until it can become truly profitable. Meanwhile, it added up to a first-rate investment for JER. The tenant (Imagine) had a dependable source of income through school taxes – and, in the Nevada case, was willing to use most of its revenue to pay the lease. The only catch in the formula is the charter has to educate its students on about half what the state spends per-student. Imagine makes clear on its website how it expects to deal with this. The corporation demands what it calls “economic sustainability” from all its schools. “Each school must spend less each year on school operations than it receives in revenue from the government and other sources.” But if the district determines how much it costs to educate a child – and sends money to Imagine based on that formula -- how can the charter school do it for less? In the case of the 100 Academy of Excellence, the principal told a state official that money was saved by letting go veteran (read expensive) teachers and increasing class size (read cost saving). That guaranteed that the rent got paid. But it didn’t guarantee the quality of the education. 2006-07 test results from the 100 Academy of Excellence fell below national standards and put it on the state’s “Watch List” for failing schools. The academy’s landlord, JER, didn’t need to bother about such matters. Or about Imagine’s profitability. In fact, though Imagine brought in $131 million in the 2006-07 school year, it ended up losing $2.3 million. But JER hadn’t bought Imagine; it had bought the real estate: the school buildings with Imagine as the tenant. As long as the tenant lived up to its lease, JER had a sweet deal. It might have continued, except the real estate bubble burst. In two years, JER’s publicly traded stock went from $23 a share to zero – and was “delisted” from the New York Stock Exchange. Robert started selling off his assets, including the charter school buildings. That’s when Entertainment Properties stepped in, buying the properties complete with triple-net leases. “The charter public schools,” says EPR’s David Brain, “offer lenders/leaseholders a dependable revenue stream backed by a government payer. It’s a very desirable equation.” So it has been. Nationally, the number of students choosing charter schools has quadrupled in the last decade. In EPR’s words, “people chose to visit them” -- just like mega-theaters. That will continue as long as parents are disappointed in traditional public schools, and operators like Imagine successfully market their brand of “quality” education. But what if charters don’t provide better test results (as some recent studies have shown)? What if families decide they don’t offer a better choice? Then the numbers will decrease, and the per-student revenue stream will start to dry up. Other scenarios could also affect revenue. What if tax-payers revolt against their money being used to make a profit for private companies? What if the economy doesn’t recover quickly? Or, using less drastic possibilities, what if the states’ educational funds continue to be strapped: what a director of the National Education Association calls the current “lack of funds overall”? Even with the current stimulus money, many school districts are having to tighten their budgets. And that stimulus money will soon disappear. It’s easy to imagine what happens once charters fail or start to shrink. The flow reverses: public schools are flooded with returning students. But now veteran teachers have been driven from the system. Young educators working with over-sized charter classes have burnt out. Plus, having shrunk their physical operation, public schools will suddenly have to find classroom space. If the recent failure of the economy has taught us anything, it’s that all investment is speculation. We’ve seen the supposedly guaranteed income of everything from retirement funds to home prices collapse. In the face of these kinds of reversals, investors like EPR could probably recoup some of their losses (as JER did) by selling off their school buildings. But should the speculation that is charter schools fail, where does that leave the nation’s educational system? And our kids? Daniel Wolff lives in Nyack, N.Y. His newest book is How Lincoln Learned to Read. His other books include "4th of July/Asbury Park: A History of the Promised Land." He is a co-producer of the forthcoming Jonathan Demme documentary about New Orleans, "Right to Return." He can be reached at: ziwolff@optonline.net
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Now Available from CounterPunch Books! Yellowstone Drift: Spell Albuquerque: Waiting for
Lightning
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