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Monthly Archives: February 2012

An American Budget for the Rich and Powerful

By Jeffrey Sachs

President Barack Obama’s budget for 2013 will set off a vitriolic battle. Republicans will rail against the Democrats’ “class warfare” and Democrats will rail against the Republicans’ “coddling of the rich”. Yet it is mostly for show. The rich will win in their fund balances while probably losing at November’s presidential polls, and the poor and working class will probably re-elect Obama but suffer a continuing decline in relative and perhaps absolute incomes.

Read the rest here.

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BREAKING: Moody’s Adjusts Ratings of 9 European Sovereigns to Capture Downside Risks

Global Credit Research – 13 Feb 2012

London, 13 February 2012 — As anticipated in November 2011, Moody’s Investors Service has today adjusted the sovereign debt ratings of selected EU countries in order to reflect their susceptibility to the growing financial and macroeconomic risks emanating from the euro area crisis and how these risks exacerbate the affected countries’ own specific challenges.

Moody’s actions can be summarised as follows:

– Austria: outlook on Aaa rating changed to negative

– France: outlook on Aaa rating changed to negative

– Italy: downgraded to A3 from A2, negative outlook

– Malta: downgraded to A3 from A2, negative outlook

– Portugal: downgraded to Ba3 from Ba2, negative outlook

– Slovakia: downgraded to A2 from A1, negative outlook

– Slovenia: downgraded to A2 from A1, negative outlook

– Spain: downgraded to A3 from A1, negative outlook

– United Kingdom: outlook on Aaa rating changed to negative

Read the rest here.

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Malinvestment: Are central bankers seeding the next crisis?

FRANKFURT — Few would begrudge Mario Draghi his boast last week that he and the European Central Bank had prevented a disastrous credit crisis by showering banks with cheap loans in December.

But beneath the gratitude toward Mr. Draghi, the president of the central bank, lurks a fear that the easy money could simply be creating the conditions for another banking crisis several years from now.

Because of the central bank’s cheap financing, some economists warn, sick banks now face less pressure to confront their problems — to clean out bad loans and other impaired assets, or even wind down operations if there is no hope of a turnaround. The European Central Bank, they say, could inadvertently spawn a cohort of “zombie banks,” burdened by nonperforming loans and assets that remain on the books, like the ones that helped make the 1990s a lost decade for Japan.

“It’s a huge bet,” said Charles Wyplosz, a professor of economics at the Graduate Institute in Geneva. “If the crisis ends up well, the E.C.B. will have pulled off a miracle. If things go wrong, then commercial banks will be in a much worse situation than they were before.”

Professor Wyplosz said the central bank might be making the banking system more fragile by encouraging institutions to load up on risky assets, especially government bonds from troubled euro zone countries like Spain or Italy. Banks can use those assets as collateral for more loans from the central bank.

In December, the European Central Bank invited banks to borrow money at the benchmark interest rate of 1 percent for three years, compared with a previous maximum maturity of one year. Banks could borrow as much as they wanted provided they posted collateral. They jumped at the opportunity: 523 banks borrowed 489 billion euros, or $647 billion.

The central bank will offer another round of three-year loans at the end of this month, and last Thursday it loosened its collateral rules to encourage smaller banks to join in. According to some predictions, banks may draw on the cheap credit even more enthusiastically than they did in December.

Last Thursday, Mr. Draghi urged banks to take the money, and even ridiculed top bankers who have bragged they did not need the central bank’s charity. “I would describe some of the statements made as ‘statements of virility,’ ” Mr. Draghi said at a news conference in Frankfurt. “The three-year facilities are there to be used.”

The cascade of cash has lifted sentiment in the euro zone, and may even help the region avoid a serious economic downturn. But it is not yet clear how banks are using the money, and whether they will spend it wisely. Some banks — no one knows how many — are bound to use it to cover up past mismanagement and books full of bad assets.

“It’s like taking medicine, it sometimes has side effects,” said João Soares, a partner at Bain & Company, the management consulting firm, who specializes in financial services. “One side effect that is not good,” he said of the central bank’s lending, “is that it removes pressure to clean up balance sheets.”

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Europe’s left dreads what living standards are becoming

PARIS (Reuters) – Europe’s left is torn between outrage and anxiety over drastic cuts in living standards and working conditions being imposed on Greeks by the European Union and the International Monetary Fund.

Indignation at sweeping pay and pension reductions and public sector job cuts dictated by official creditors in return for a second bailout of the debt-ridden euro zone state is strongest in south European countries that fear a similar rod.

Yet there is scant sympathy from centre-left politicians and labor leaders in northern Europe, where voters are more worried at the potential cost of bailouts, nor in former communist central Europe, where people are more inured to hardship.

“What if we all became Greeks?” left-wing French daily Liberation asked on Monday. “Is what is being imposed today on this pressured and humiliated country a foretaste of what will one day be prescribed for Italy, Portugal, and why not France?”

A planned 22 percent cut in the Greek minimum wage, with a 32 percent cut for workers under age 25, is among the most radical steps backwards inflicted in peacetime in modern Europe. Only Latvia has endured a similar EU/IMF-mandated “internal devaluation” cutting living standards.

Public sector pay in Ireland has fallen on average by 15.9 percent since 2009 due to wage cuts and a pension levy, but a 12 percent cut in the minimum wage agreed with lenders was reversed after the government found savings elsewhere.

The leader of Portugal’s largest trade union, Armenio Carlos of the CGTP, praised Greek workers’ “heroic resistance” against austerity measures and warned that his own country could face a similar social explosion.

“If the results in Greece were disastrous, without a doubt they will be no different here,” Carlos said last week.

French Socialist politician Segolene Royal, the defeated presidential candidate in 2007, voiced outrage at the way austerity was targeting the poorest Greeks while the rich were still able to evade taxes with impunity.

Accusing European leaders of “cowardice,” she singled out European Commission President Jose Manuel Barroso for criticism.

“Athens is burning … Where is Mr Barroso? – the ultra-liberal politician chosen to head the Commission – that was a very grave error. Where is the Council of Ministers? What is the European parliament doing?” Royal asked in a radio interview.

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Apple confronts PR problem, scrutinizes Foxconn

SAN FRANCISCO (Reuters) – Apple Inc said on Monday that a U.S. non-profit labor group has begun an “unprecedented” inspection of working conditions at its main contract manufacturers, including Foxconn’s plants in southern China, as the maker of the IPhone continues to grapple with persistent image problems there.

“The inspections now underway are unprecedented in the electronics industry, both in scale and scope,” Apple Chief Executive Tim Cook said in a statement.

The world’s most valuable technology corporation had agreed to let the D.C.-based Fair Labor Association monitor conditions at the factories of its suppliers, hoping to counter criticism that it was glossing over problems at these facilities.

The group began on Monday to interview thousands of employees, inspect manufacturing areas, dormitories and do an extensive review of documents relating to employment, Apple said.

Critics say the biggest blemish on Apple in recent years has been signs of harsh working conditions at its manufacturing partners, particularly in China.

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DMND: Let the lawsuits begin

Read here:

Last week the stock of San Francisco walnut company Diamond Foods (DMND) dropped nearly 40% after the company’s CEO and CFO were dismissed after an internal review discovered accounting irregularities.

In a statement released after the close of trading on Wednesday the company said it had exposed some $80 million in unusual payments to walnut farmers; payments not accounted for correctly in prior financial statements. The revelation will require a restatement of the company’s 2010 and 2011 earnings results.

In the attached clip Trademonster.com co-founder Jon Najarian and I discuss what happened and why last week’s news may be only mark the beginning of Diamond’s troubles. The company fired it’s top two executives on Tuesday evening yet allowed Diamond’s stock to trade all day Wednesday. Bad idea.

“The board seems to have had really bad legal advice,” understates Najarian. “Anything you know that’s material and non-public you’re supposed to disperse that information in as wide an area as possible.” Such a practice is called Fair Disclosure one of the few securities laws with a straight forward definition.

Last Wednesday as DMND’s board crafted a statement for after the bell, the stock traded 6.9 million shares, more than all the other days of February combined and the highest volume the stock had seen since last December 12th.

Najarian says his service, which triggers alerts when unusually high levels of puts or calls are traded on a security, also flagged curiously aggressive put buying in Diamond during Wednesday’s trading session. The following day Diamond’s stock fell nearly 40%. There are those who may think the high volume of trading in puts and stocks ahead of DMND’s announcement was coincidental.

“This is the definition of insider information,” says Najarian. Such trading is illegal, even for members of Congress.

It’s within the realm of the possible that the trading on Wednesday was organic. Perhaps there was a downgrade, a walnut weather problem, or one lucky fund dumping shares in one day immediately prior to disastrous news.

Regardless the trading in Diamond last week is exactly what illegal trading looks like.

If you held Diamond last week you were at a disadvantage. If you actually bought last Wednesday it’s extremely likely you were flat-out robbed.

Diamond Foods is yet another opportunity for the regulatory agencies to help restore American’s confidence in markets by enforcing the rules we have rather than harrumphing about the need for new securities laws. It’s a lot to ask in an election year but maybe, just maybe, this can be one time when protecting shareholders is the government’s top priority.

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Obama budget taxes: AMT 2.0

Read here:

We’ve heard a lot of talk about the one percent and the 99 percent. With the release of his proposed budget for fiscal 2013, President Obama has opened a new front in the class war. He’s pitting yuppies against the overclass, the struggling well-off against the very rich.

This declaration of class warfare can be found on page 39 of the section on cutting waste and reducing the deficit. President Obama’s deficit-cutting proposals rest in part on making life more expensive for the very rich. He wants to let the Bush-era marginal tax cuts for those making $250,000 or more (about 3 percent of American households) expire, and limit the amount of deductions they can take. He proposes to end the loophole through which “carried interest” —the money private equity magnates are paid for managing other people’s money — is taxed at a low, long-term capital gains rate. And he’s proposing to codify what’s come to be known as the Buffett Rule, the notion that “those making over X million $ should pay no less than 30 percent of their income in taxes.” That’s a proposal that would really impact the tiniest minority of American households. As Jonathan Karl of ABC News notes, “There were 236,883 taxpayers who earned more than $1 million in 2009. That’s less than two-tenths of one percent of all filers.”

The funds raised from soaking the ultra-rich won’t all be used for deficit reduction. No, a good chunk of the money raised will be used to help keep the merely rich a little more dry. As the budget message notes, Obama is “proposing that the Buffett rule should replace the Alternative Minimum Tax, which now burdens middle-class Americans rather than stopping the richest Americans from paying too little as was originally intended.” In other words, Obama is proposing to stick it to a few hundred thousand extremely rich people for the sake of making life somewhat easier for tens of millions of people who may make $100,000 or more.

A bit of background is in order. (Here’s a good primer from SmartMoney) The Alternative Minimum Tax was created in the 1970s to try to prevent really rich people from taking massive deductions to avoid paying taxes. The thinking was relatively simple: Above a certain amount, people should pay a 28 percent marginal rate on income, regardless of the amount or number of deductions they’ve taken. So taxpayers must calculate how much they owe under the regular tax regime, and then calculate how much they owe under the AMT scenario, which limits the ability to deduct items like state, local and property taxes from taxable income. They have to pay whichever is higher.

Over time, as frequently happens, the tax aimed squarely at plutocrats caught up more and more people. The AMT wasn’t indexed for inflation, and didn’t account for rising tax rates and levels. As time went on, people who lived in certain areas — high-income districts in states with income taxes — and who have high property values and property taxes have come to expect that they’ll get hit by the AMT. Since many of the AMT hot zones are on the coasts — places like New Jersey, New York, Connecticut, Massachusetts, California — the AMT may be considered a tax on yuppies or, as I dubbed several years ago, a Tax on Democrats. Those screams you hear while driving through Fairfield County, Connecticut, in early April are thousands of members of the top five percent confronting the AMT yet again.

The AMT, which ensures that people pay a 28 percent rate on marginal income above $175,000, falls heavily on people who are wealthy by any standard — i.e. they earn a multiple of the national and state and even local median income. But these folks don’t feel by wealthy because they’ve chosen to live in zip codes where housing prices are high and lots of other rich people live. The AMT thus contributes to one of the big ironies in American politics. It’s been a great mystery to many on the political right that so many people who live in high income areas aren’t more enthusiastic about voting for candidates that aim to preserve the Bush-era tax levels. (President Obama won a majority of the votes in 2008 in Greenwich, Connecticut.) Attitudes toward social policy have a lot to do with it. But the reality is that many people who live in high-income areas and who derive their income predominantly from wages never really felt the full benefit of the Bush tax cuts thanks to the AMT.

With each passing year, more and more people fall into this category. (Here’s some background data from Tax Policy Center.) But because their income tends to come more from wages than from lightly taxed capital gains or dividends, the merely rich are more likely to get sucker-punched by the AMT than the very rich. As the Tax Policy Center notes, “In 2011, 42 percent of tax filers with cash income greater than $1 million were affected by the AMT, compared with nearly 52 percent of those with cash income between $200,000 and $500,000.”

Almost every year, Congress passes a “patch” that prevents the AMT from ensnaring vastly more people. Had Congress not acted, as the Tax Policy Center points out, in 2012, “45 percent of all tax filers with cash income between $75,000 and $100,000 will pay the AMT, up from 0.4 percent in 2011, when the temporary AMT fix or ‘patch’ is in place.”

For politicians, the AMT has become a double-edged sword. With each passing year, it gets more annoying to constituents and more expensive to fix. On the other hand, with each passing year the AMT brings in more revenues, which means it would be difficult to replace. So it’s not surprising that the AMT hasn’t been permanently “fixed.”

So, here’s the deal Obama is proposing in this budget: Better and simpler tax treatment for millions of people in exchange for ensuring that a few hundred thousand others aren’t able to use their resources and ingenuity to avoid paying a significant chunk of their annual earnings in taxes. It sounds like a winner.

What could go wrong? Well, this budget proposal, like every other presidential budget proposal in recent memory, has been pronounced dead upon its arrival in Congress. What’s more, this is precisely how the AMT got started in the first place. Note that Obama isn’t proposing indexing the AMT to inflation. Twenty years from now, there will likely be many more people making $1 million than there are today, and they’ll begin to argue that they, too, are simply middle-class.

What do you think? Do you favor swapping the Buffett Rule for the AMT fix? Give us your thoughts in the comment section below.

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Market Update

The major market averages hold just off their best levels of the session a quiet trade progresses. An advance of 0.8% has the Nasdaq leading the way while the S&P 500 and Dow trail with gains of 0.6% and 0.5% respectively. Volume has been rather uninspiring, and is on track to fall short of Friday’s 650 million shares on the NYSE. European financials are seeing modest gains after last night’s Greek vote on austerity measures received Parliamentary approval and paved the way for the troubled country to receive a second bailout from the Troika. German bank Deutsche Bank (DB 44.58, +0.45) is higher by 1.1% while Britain’s Barclays (BCS 14.95, +0.14) lags with a 0.8% gains. The European banks are trailing their American counterparts as Bank of America (BAC 8.28, +0.21) and Citigroup (C 33.40, +0.48) are higher by 2.7% and 1.5% respectively.

Market update

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Jerry Sandusky Gets Home Cookin’ from Local Judge

JUDGE TO JERRY SANDUSKY:You Can See Your Grandkids… If Parents Consent via TMZ.com

Alleged serial child rapist Jerry Sandusky has been cleared by a judge to visit with his grandkid
Alleged serial child rapist Jerry Sandusky — former Penn State asst. football coach — has been cleared by a judge to visit with his grandkids … as long as the parents arepresent during the encounter.

The judge also ruled that Sandusky can receive visits from adults.

The judge was clearly feeling generous to the former football coach … because he also shot down an attempt by prosecutors to have Sandusky confined indoors as he awaits trial due to a fear that he might rape local children.

Sandusky is already on home confinement … but prosecutors wanted Sandusky locked indoors over fears that he might make an effort to contact kids at an elementary schoolbehind his home.

Seriously, elementary school behind his home. Your stomach turning yet?

But the judge ruled there was not enough evidence to prove Sandusky was making “any effort to contact any of the children by signaling or calling to them, or that he made any gestures directed toward them, or that he acted in any inappropriate way whatsoever.”

Sandusky is due back in court in May … when he will face 52 counts of sexually assaulting boys over a 15-year span.

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BUNNY BEATER: HUGH HEFNER’S SON Arrested for Attacking Playmate of the Year

via TMZ

0213_marsten_claire_sinclair
Hugh Hefner
‘s oldest son Marston Hefner was arrested last night after he allegedly attacked his Playmate of the Year girlfriend Claire Sinclair … TMZ has learned.

Law enforcement sources tell TMZ … cops were called to the pad Marston shares with Sinclair in Pasadena, CA after one of Sinclair’s family members called 911, claiming Marston had attacked her.

Cops arrived to the scene … and we’re told officers observed visible injuries on Sinclair’s body … including bruises and red marks.

Law enforcement sources tell TMZ … Marston admitted the two had gotten into an argument … but did not cop to striking Sinclair.

Sources tell us … Sinclair told cops Marston had punched her, kicked her in the stomach and then refused to let her leave the residence.  We’re told Sinclair called family members after the alleged attack … and her family called the cops.

After a brief investigation, Marston was arrested for misdemeanor domestic violence at around 11:15 PM … and hauled to a nearby police station where he was booked.

Marston was released on $20,000 bail a few hours later.

20-year-old Sinclair was named PMOY in 2011. She has been dating Marston on-and-off since August 2010.

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Today’s 52 Week Highs and Lows

NYSE

New Highs 98 

COMPANY                       SYMBOL      HIGH                VOLUME 
-------                       ------      ----                ------ 
ACCO Brands                   ABD         11.40               31,200 
Advance Auto Parts            AAP         80.39               75,619 
Aetna                         AET         46.27              313,769 
Alliance Data Sys             ADS         119.13             102,485 
Anworth Mtge Asset 8.625%     ANHpA       26.28                  300 
Applied Indus Tech            AIT         41.59               20,496 
Asbury Automotive             ABG         25.12                9,360 
Assurant                      AIZ         44.00               41,847 
Atwood Oceanic                ATW         48.86              255,139 
WR Berkley                    WRB         36.72               39,025 
BlackRock Mun                 BAF         16.11                1,547 
Blkrck MunHl NJ Qlty          MUJ         16.09                5,450 
BlkRk MuniHldgs Qlty II       MUE         14.93                8,642 
BlkRk MuniHldgs Quality       MUS         15.04               10,687 
BlkRd MuniYld Michigan II     MYM         15.80                5,550 
BlkRk MuniYld NJ Fd           MYJ         16.34                6,552 
BlRk Muyld NJ Qlty            MJI         16.59                1,829 
CBS Corp B                    CBS         30.38              603,374 
CBS Corp A                    CBS/A       30.96                2,004 
CPFL Energia ADS              CPL         31.34               39,345 
Campus Crest Communities      CCGpA       25.44                2,825 
Cedar Fair LP                 FUN         27.69               20,662 
Centene                       CNC         48.22               29,063 
Chipotle Mexican Grill        CMG         379.00              44,355 
Coach                         COH         75.10              304,799 
CompanhiaSBEDP                SBS         71.86               57,044 
Energ Gerais-Cemig            CIG         21.90              315,558 
Copa Hldgs Cl A               CPA         73.72               66,897 
CoreSite Realty               COR         21.44                1,737 
Crown Castle Intl             CCI         49.67               33,266 
Cummins                       CMI         121.90             278,309 
Cutwater Select Incm Fd       CSI         19.44                4,240 
Drdgold Limited ADS           DRD         7.42                25,285 
DWS Hi Incm Opps Fd           DHG         15.43               16,711 
Diageo PLC                    DEO         94.36              137,693 
Dick's Sporting Goods         DKS         44.74              262,991 
Diebold Inc                   DBD         38.50              487,822 
Dollar General                DG          43.15              303,567 
EV National Municipal Opp     EOT         21.62                4,347 
Ecopetrol                     EC          53.63               40,259 
Ethan Allen                   ETH         26.32               16,829 
FMC Tech                      FTI         55.19              352,375 
Federated Premier             FMN         16.17                1,661 
First Tr Strat High Fd II     FHY         17.08               18,741 
GSE Holding                   GSE         13.46               68,670 
Gallagher                     AJG         35.60               30,459 
Gazit-Globe                   GZT         10.56                2,071 
GE Cap 6.625% PINES           GEA         26.72                2,813 
Genesis Energy                GEL         30.10               30,640 
WW Grainger                   GWW         204.98              56,221 
Guidewire Software            GWRE        23.38               28,869 
John Hancock Income Secs      JHS         15.58                7,185 
Hlth Cr REIT 7.625% F         HCNpF       26.49                5,269 
Heartland Payment             HPY         28.09               50,184 
Hexcel Corp                   HXL         26.97               65,333 
Home Depot                    HD          45.74              691,361 
Huaneng Power                 HNP         25.41               24,255 
Hubbell B                     HUB/B       75.68               12,324 
Jabil Circuit                 JBL         25.00              319,745 
LSI Corp                      LSI         8.40             1,896,058 
Laredo Petroleum Hldgs        LPI         25.58               11,053 
LeapFrog Cl A                 LF          7.10               497,936 
Limited Brands                LTD         45.51              276,954 
Lithia Motors                 LAD         26.96              105,764 
MSC Indust Direct             MSM         80.00               31,187 
Magellan Midstream            MMP         69.73               13,234 
Main Street Capital           MAIN        22.85               18,099 
Michael Kors Holdings         KORS        34.87              506,972 
Novo Nordisk                  NVO         136.62              19,916 
Nuveen CA Muni Value          NCA         10.00                6,154 
Nuveen NC Premium Income      NNC         15.69                  750 
Oceaneering Intl              OII         53.98              112,394 
PS Bus Parks Dep. Shs         PSBpI       25.41                  266 
Pall Corp                     PLL         63.85               54,171 
Plains All Amer Pipeline      PAA         80.00               76,147 
Polaris Indus                 PII         69.36               35,994 
Pros Hldg                     PRO         20.59               17,175 
Provident Energy              PVX         12.15               92,988 
Roundys                       RNDY        10.73               59,798 
Ryland Group                  RYL         20.81              162,447 
Sally Beauty Hldgs            SBH         23.30              255,449 
SeaDrill                      SDRL        39.94              295,395 
Six Flags Entertainment       SIX         47.80               63,932 
SolarWinds                    SWI         37.93              103,072 
Standard Motor                SMP         23.47               29,747 
SYNNEX                        SNX         38.70               17,543 
Systemax                      SYX         20.92                6,109 
Targa Resources Partners      NGLS        40.41               16,616 
Tesoro Logistics LP           TLLP        35.00                5,358 
TortoiseCapRes                TTO         9.44                18,930 
Transatlantic Hldgs           TRH         58.61               16,140 
VF Corp                       VFC         142.61              98,966 
Vulcan Materials              VMC         47.62               53,379 
WP Carey & Co. LLC            WPC         45.66               14,970 
Wells Fargo Cap IX 5.625%     JWF         25.61               87,284 
Wstrn Asset Gl Def Opp Fd     GDO         19.27               28,838 
Western Asset Premier         WEA         16.54                4,617 
Western Gas Partners LP       WES         43.69               26,928 

New Lows 1 

COMPANY                       SYMBOL      LOW                 VOLUME 
-------                       ------      ----                ------ 
CARBO Ceramics                CRR         85.68              154,446

NASDAQ

New Highs 64 

COMPANY                       SYMBOL      HIGH                VOLUME 
-------                       ------      ----                ------ 
AEP Industries                AEPI        34.67                3,296 
Abiomed                       ABMD        23.92               79,672 
Acorn Energy                  ACFN        7.98                51,774 
Akorn                         AKRX        12.88              221,497 
Alexion Pharm                 ALXN        84.83              257,229 
Amer Cap Mortgage Invt        MTGE        21.38              141,516 
Apple                         AAPL        503.83           5,668,481 
Arctic Cat                    ACAT        35.25               63,960 
Ascena Retail Group           ASNA        36.45               29,281 
Aspen Technology              AZPN        21.23               28,351 
BSB Bancorp                   BLMT        11.28                  500 
BioMarin Pharmaceutical       BMRN        38.95              305,199 
CE Franklin                   CFK         10.50                1,742 
Cincinnati Fincl              CINF        34.79               55,537 
Comcast A Sp                  CMCSK       26.34              170,343 
Conn Bank and Trust           CTBC        8.65                   550 
Conn's                        CONN        14.44               28,301 
Delta Natural Gas Co          DGAS        34.78                  103 
Dollar Tree                   DLTR        87.30               91,087 
Edgewater Tech                EDGW        3.85                60,816 
Fastenal Co                   FAST        49.45              291,378 
First Merchants               FRME        10.65               17,166 
Guidance Software             GUID        11.34              101,393 
Harleysville Savss Fincl      HARL        17.47                  500 
Homeownrs Choice              HCII        10.97                3,500 
IRIS Intl                     IRIS        10.70                  918 
Inhibitex                     INHX        26.00              234,502 
InnerWorkings                 INWK        12.24               15,704 
Intuitive Surgical            ISRG        506.01             113,640 
Jive Software                 JIVE        18.45              230,882 
Liberty Global  Cl A          LBTYA       49.29               61,966 
Liberty Global  Cl B          LBTYB       48.90                2,000 
Liberty Global  Cl C          LBTYK       47.00               11,373 
Liquidity Services            LQDT        41.82              357,312 
lululemon athletica           LULU        65.88              162,611 
Madison Square Garden         MSG         32.99              147,255 
Mattel Inc                    MAT         32.50              329,666 
Mercantile Bank               MBWM        12.90                4,680 
Multimedia Games Holding      MGAM        10.94              101,809 
Old Dominion Freight Line     ODFL        45.02               36,685 
Parametric Tech               PMTC        27.73              118,933 
Pharmacyclics                 PCYC        24.20              612,723 
PwrShrs QQQ Tr Series 1       QQQ         63.00            5,370,574 
pricelinecom                  PCLN        566.99             345,082 
Primoris Services             PRIM        16.68               18,167 
Procera Networks              PKT         18.82               38,174 
ProShares UltraPro QQQ        TQQQ        97.15              168,392 
QAD Cl A                      QADA        14.24                2,654 
Regeneron Pharmaceuticals     REGN        115.50           1,072,597 
Retail Opp Investment         ROIC        12.08                7,112 
Rush Enterprises A            RUSHA       23.98                4,890 
Russ SmCp Aggressive Gwth     SGGG        63.32                  300 
Saba Software                 SABA        11.75              120,134 
A Schulman                    SHLM        26.96               24,030 
Select Comfort                SCSS        29.62              170,938 
Shire PLC                     SHPGY       106.60             200,046 
Spirit Airlines               SAVE        19.64              560,388 
US Home Systems               USHS        10.40               62,608 
Ulta Salon Cosmetics          ULTA        82.36              109,445 
VOXX International            VOXX        14.15               84,606 
ViroPharma                    VPHM        31.49              193,862 
Westport Innovations          WPRT        44.44              448,202 
Zoll Medical                  ZOLL        74.00               28,490 
Zygo                          ZIGO        19.50               20,302 

New Lows 6 

COMPANY                       SYMBOL      LOW                 VOLUME 
-------                       ------      ----                ------ 
Amyris                        AMRS        6.75               155,754 
Chelsea Therapeutics Intl     CHTP        2.95             3,006,882 
D Medical Industries          DMED        0.69                 9,000 
ProShr Ul Sh QQQ              SQQQ        13.56              299,731 
Silicon Graphics Intl         SGI         9.51               403,539 
TBS Intl  Cl A                TBSI        0.11               109,132

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