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M·CAM Leads Call for Climate Change Innovation Equity

Date:  Tue, 2008-05-06

M·CAM Leads Call for Climate Change Innovation Equity

Brussels, Belgium — May 6, 2008 — Today, M·CAM has unveiled a message that calls for an ethical innovation commons to be developed for technology that plays an integral role in humanity’s quest to solve the seemingly intractable challenges of climate change. In direct response to the European Union Presidency and the European Patent Office call for IP to play a central role in solving humanity’s pressing challenges, M·CAM has taken the leadership in calling for new paradigms that are built on integrated views at innovation that has been ignored or overlooked by incumbent interests and using these as the seeds for collaborative creativity in prospective efforts. For more information, please see the ad in the Financial Times(link below) or contact info@pubpat.org or info@m-cam.com.

Innovation Monopolies are Starving Our Planet

Text

Should production of clean water, cereal grains, renewable energy, and clean air belong to the whole world or only to a few? Do patents actually create an incentive to solve the challenges facing humanity, or are they being used to perpetuate the power of incumbents to restrict the availability of creative alternatives? “Inventing a cleaner future: Climate change and the opportunities for IP” is the topic at today’s European Patent Forum 2008 in Ljubljana, Slovenia. While patent purveyors continue to portray IP as an economic stimulus, their own economic incentive to issue patents – most of which are merely defensive – has compromised the integrity of the system. Aligning ethical capital to borderless innovation networks will rescue the orphan knowledge contained in abandoned patents, together with those in the public domain, and will serve as the stimulus humanity needs to address our greatest challenges.

Lack of IP transparency has cost critical global healthcare delivery – including HIV-AIDS and cancer patients – access to medicine; cost the investment markets billions of euros; cost SMEs access to money, markets, and competitive advantage; creates up to 65% waste in government procurement; and, precludes emerging markets from equitable international trade. Why add climate to this list of casualties?

What if…

We can accurately assess adoption and obsolescence risk? We can link innovators to the problems they actually solved? We can create “Freedom to Operate & Innovate” that’s really free? We can efficiently align ethical finance to the world’s best innovations? We can provide capital from Grassroots to Global? What if one delegate has the courage to think in a new way?

M·CAM Support of Traditional Remedy for HIV/AIDS Garners International Recognition

Date:  Fri, 2008-05-02

M·CAM Support of Traditional REmedy for HIV/AIDS Garners International Recognition.

May 2, 2008 – Auckland, New Zealand – M·CAM’s pioneering work on the repatriation of traditional knowledge regarding the treatment of HIV/AIDS and other viral diseases has lead to the opening of a Pacific-wide reinvigorated discussion on the role of intellectual property rights in global economic policy.

The Grey Matter of International Intellectual Property and Rights; NZ Pacific Navigator – Issue May 2008

M·CAM Recommendation for Supporting Innovation through Purchasing Reinforced in Australia

Date:  Tue, 2008-04-15

M&#183CAM Recommendation for Supporting Innovation through Purchasing Reinforced in Australia

Australia −&#8722 April 15, 2008 &#8722&#8722 In their April 2008 review of business incubation in Australia, Business Innovation & Incubation Australia Inc highlighted the call made by M·CAM for regional and national initiatives to focus on supporting the creation of innovation markets rather than equity financing. Recognizing that an innovation customer has far greater leverage value in financing over a passive investor, M·CAM has reinforced the importance of linking domestic consumption of home-grown innovation as an integral component of seed-stage corporate start-up support.

See Full Report

M·CAM Continues Support of Ethical Pharmaceutical Reform

Date:  Tue, 2008-04-01

M·CAM Continues Support of Ethical Pharmaceutical Reform

Mumbai, India — April 1, 2008 — M·CAM and its affiliated Public Patent Foundation have been committed to the expanding realization that many patents and other forms of intellectual property have been misused to support market dynamics that limit access to life-improving medicines. This effort has supported a number of efforts including those that have been recently profiled in the Financial Times Magazine.

The Man Who Battled Big Pharma

M·CAM Encourages New Paradigms for Innovation Policy in Western Samoa

Date:  Wed, 2008-03-12

M·CAM Encourages New Paradigms for Innovation Policy in Western Samoa

Apia, Samoa — March 12, 2008 — In a new partnership with the Small Business Enterprise Center of Samoa (SBEC) based in Apia, M·CAM has supported initiatives that will re-imagine the paradigms of innovation support and economic development both in Samoa and in the Pacific Island Nations Forum initiative. Meeting with government ministers, traditional healers, NGOs, and small business leaders, M·CAM has formally committed to working with the public and private sector to foster more viable economic and cultural engagement with the global market by developing novel public/private partnerships for innovation deployment and funding.

Specifically, M·CAM has teamed with SBEC’s Director, Mrs. Margaret Malua to address business opportunities ranging from elei print making (traditional fabric designs) to development of treatments for HIV-AIDS and cancer to building intangible asset collateral markets for micro and small business finance.

For more information please visit SBEC.

Out-going M·CAM Director, Moustapha Sarhank, inaugurates his Olsson Fellowship at the Darden Graduate School of Business Administration

Date:  Thu, 2008-02-14

Out-going M·CAM Director, Moustapha Sarhank, inaugurates his Olsson Fellowship at the Darden Graduate School of Business Administration

Moustapha Ismail Sarhank, an Egyptian corporate executive in the interdisciplinary field of leadership, psychology and religion, flew from Cairo this week to speak to Darden students in two of Professor Andrew Wicks’ lective classes: Leadership, Values and Ethics; and Faith, Religion and Responsible Management Decision-making. Wicks says that he was introduced to Sarhank through David E. Martin, PhD., the founding CEO of Charlottesville’s M·CAM, Inc., the international leader in intellectual property-based financial risk management. Martin also spoke to Wick’s Faith and Leadership class this week.

For the full Darden article, see: Darden School of Business.

PUBPAT NEWS: U.S. Patent Office Rejects Key HIV/AIDS Drug Patents at PUBPAT Request

Date:  Wed, 2008-01-23

U.S. PATENT OFFICE REJECTS KEY HIV/AIDS DRUG PATENTS AT PUBPAT REQUEST: Government Finds Prior Art Submitted by PUBPAT Invalidates All of Gilead Sciences’ Claims

New York, New York — January 23, 2008 — The Public Patent Foundation (“PUBPAT”) announced today that the U.S. Patent & Trademark Office has rejected four key HIV/AIDS drug patents held by Gilead Sciences that relate to the drug known generically as tenofovir disoproxil fumarate (TDF), a key weapon in the battle against HIV/AIDS. Gilead markets TDF in the United States under the brand name VIREAD and as a part of its ATRIPLA combination product.

Roughly 40 million people worldwide are infected with HIV/AIDS, including more than 1.2 million Americans. The U.S. Food and Drug Administration will not allow anyone other than Gilead distribute TDF in the United States because Gilead claims the four patents challenged by PUBPAT and now rejected by the Patent Office give them the exclusive right to do so.

“Every person suffering from HIV/AIDS has a right to get the best medical treatment science can offer, without any unjustified impediments placed in their way,” said Dan Ravicher, PUBPAT’s Executive Director. “This includes Americans infected with HIV/AIDS, who are entitled to the best pharmaceuticals possible without undeserved patents making them exorbitantly expensive.”

In its filings challenging the patents, PUBPAT submitted prior art that Gilead had not disclosed to the Patent Office during the patent application process that resulted in the patents being granted to the Foster City, California, biopharmaceutical giant. PUBPAT also described in detail how the prior art would have prohibited the patents from being issued in the first place, had the Patent Office had been aware of it. The Patent Office has now agreed with PUBPAT and found that each of the four Gilead Sciences patents are undeserved. Although Gilead has the right to respond to the Patent Office’s rejections of the patents, third party requests for re-examination, like the ones filed by PUBPAT against the four Gilead TDF patents, are successful in causing the reviewed patents to either be revoked or changed more than two-thirds of the time.

“We are extremely pleased that the Patent Office has agreed with us that Gilead’s TDF patents are invalid,” said Ravicher. “This means that we are now well on the way towards ending the harm being caused to the public by Gilead’s use of the patents to prevent anyone else from offering TDF to HIV/AIDS patients in the United States.”

The Gilead Sciences TDF patents challenged by PUBPAT that have now been rejected by the Patent Office are U.S. Patents No. 5,922,695, 5,935,946, 5,977,089 and 6,043,230. Gilead has applied for similar patents on TDF in other countries throughout the world, including India, where they have received fierce opposition by non-profit AIDS patient groups.

More information about the reexaminations of the four Gilead Sciences TDF patents challenged by PUBPAT, including copies of the official Office Actions issued by the Patent Office rejecting all of the claims of each of the four patents, can be found at http://www.pubpat.org/gileadhivaidsdrug.htm.

M·CAM Chief Technology Officer’s unstructured data project focuses on historical markers

Date:  Sun, 2008-01-13

Marked for History

A man tracks Va.’s past, one highway marker at a time

In the past four years, Watson has traveled thousands of miles to record the exact location of most of the more than 2,100 highway historical markers in Virginia.

He has hunted down a little more than 1,300 markers so far, and he has had a great time doing it, too.

“It’s a side job that’s been a lot of fun,” said the 30-year-old computer expert, freelance photographer and history buff from Charlottesville. “I’ve used this to see a lot of great places in Virginia.”

…Watson started his marker mission as part of a research project while getting his MBA at George Mason University.

…Watson, who works full time as the chief technical officer for M·CAM, an intellectual property risk assessment business in Charlottesville, figures he’s now been to almost every county in Virginia from the far southwest tip to the state’s Eastern Shore.

For the full Richmond Times Dispatch article, see: Marked for History

M·CAM Client Pioneers Revolutionary Health Care Technology and Innovates a Business Model to Include Employment for Persons with Developmental Disabilities

Date:  Wed, 2008-01-02

M·CAM Client Pioneers Revolutionary Health Care Technology and Innovates a Business Model to Include Employment for Persons with Developmental Disabilities

Nine years ago, Soluble Systems became one of the world’s first companies to use advanced computational innovation linguistics analysis to build a proprietary technology and business platform. Today, this technology, aided by M·CAM’s Cognogentive Process™, has entered the market and is changing the lives of patients suffering from serious wounds.

Here’s what Soluble Systems management has to say…

“David Martin’s depth of perspective and creativity gave us a considerably expanded view of our intellectual property field, and his encyclopedic knowledge of markets helped us to recognize and identify the value.”

“When Guy and I were introduced to David Martin, we thought what we had was a polymer technology that could be developed into a device to help alleviate Xerostomia (Dry Mouth). After David and his team of experts finished analyzing our polymer technology, we were advised that we had a whole lot more — from Xerostomia to wound care to industrial packaging uses. M·CAM’s IP evaluation — for both potential uses and financial values — gave us the confidence to invest a million plus dollars to develop and launch our first product utilizing our polymer technology into the medical marketplace — TheraGauze™, a moist non-stick wound dressing that is helping medical practitioners heal their patients’ chronic wounds faster and better.”

For more information, please read:

Daily Press Article 09-11-07WHJ December 2007

Consumer and Public Interest Groups Back New U.S. Patent Rules That Would Curtail Abusive Behavior By Applicants

Date:  Thu, 2007-12-20

Consumer and Public Interest Groups Back New U.S. Patent Rules That Would Curtail Abusive Behavior By Applicants

ALEXANDRIA, VA – December 20, 2007 – A coalition of consumer advocacy and public interest groups today filed legal papers supporting new U.S. Patent Office (USPTO) rules that would curtail abusive behavior by patent applicants and improve patent quality.

In a friend–of–the–court brief filed in U.S. District Court in Alexandria, VA., the groups urged that an injunction blocking the proposed rules be lifted and they be implemented immediately.

The proposed new regulations ask applicants to justify the need for more than two continuations per application and to assist the USPTO in performing initial technological research on applications that contain an excessive number of claims.

The groups joining in filing the Public Interest Amici brief are: The Public Patent Foundation (“PUBPAT”), Computer & Communications Industry Association (“CCIA”), AARP, Consumer Federation of America (“CFA”), Essential Action, Foundation for Taxpayer and Consumer Rights (“FTCR”), Initiative for Medicines, Access & Knowledge (“I-MAK”), Knowledge Ecology International (“KEI”), Prescription Access Litigation (“PAL”), Public Knowledge (“PK”), Research on Innovation (“ROI”), and Software Freedom Law Center (“SFLC”).

“The public interest overwhelmingly supports the USPTO’s Final Rules for at least two significant reasons,” the brief said. “First, they will enable the USPTO to curtail abuses of the patent application process made by those patent applicants who seek to pervert the system to gain an unfair advantage. Second, the Final Rules will help the USPTO improve patent quality, which is a critical issue for ensuring the patent system benefits the American public.”

The new rules were to have been implemented by the patent office on Nov. 1, but were blocked by suits brought by drug maker GlaxoSmithKline and inventor Triantafyllos Tafas.

Under current rules which allow unlimited continuations, USPTO examiners who have repeatedly rejected an application often face an an endless stream of continuation applications that “may well succeed in ’wearing down the examiner’, so that the applicant obtains a broad patent not because he deserves one, but because the examiner has neither the incentive nor will to hold out any longer,” according to professor Mark A. Lemley of Stanford Law School and Kimberly A. Moore, now a Circuit Judge on the U.S. Court of Appeals for the Federal Circuit.

Pharmaceutical companies are most likely to use continuations in order to help them keep monopolize over their drugs. According to the publication Nature Biotechnology, from 1995 to 1999, 41% of drug patents issued were based on continuations. In contrast only 22% of the patents issued in mechanical engineering were based on continuations.

The consumer and public interest groups’ brief said the new rules would:

– Curtail abuse of continuation applications and unlimited claiming, – Help the USPTO improve patent quality, and – Increase patent office efficiency.

The legal papers, available below, also noted that while briefs filed opposing the new rules claimed they were acting in the “public interest”, in fact they represented the narrow interests of patent holders and patent attorneys.

“Congress has intentionally implemented a patent system that balances the incentives provided to patentees with the benefit to the public of the disclosure and ultimate dedication of the resulting inventions to society,” the consumer groups said. “Thus, the public interest lies in an efficiently functioning patent system, not one that is subject to abuse and manipulation.”

The consumer and public interest groups said that despite having various missions and activities, they are united in their belief that patent law and policy should be crafted to ensure that it benefits the public interest. They “firmly believe that the Final Rules would significantly advance both the general public interest and the specific aspects of the public interest that they each separately exist to represent. Thus, the Public Interest Amici have united in this brief to express a single voice in support of the Final Rules.”

Arlington Institute issues an Alert – Economic Disruption: Weathering the Storm

Economic Disruption: Weathering the Storm

Kenneth Dabkowski, Executive Director — The Arlington Institute

Berkeley Springs, West Virginia — December 17, 2007 — Ever since Dr. David Martin gave a speech at The Arlington Institute in July of 2006, his economic report of opaque data-driven certainties has elicited many questions from friends, not the least of which is, “Well, what do we do about all of this?”

Given our position as think tank and not financial advisor, we have worked with Dr. Martin and other advisors to gather some general thinking points, sectors, and emergent fundamentals that are worthy of consideration. Although we cannot offer advice, it is, after all, helpful to see how the architects of scenarios and analysis manage their personal businesses and investments based on their own insights. In our scenario driven world, we would suggest that this is a thoughtful approach which outlines fundamental principles for weathering the financial storms to come.

Discretionary asset allocation to restructuring debt:

If you have your mortgages and credit cards paid off and have discretionary liquidity, sections one, two and three will be particularly applicable. If you hold a debt position, you will find sections three, four and five particularly applicable. These considerations apply to business and personal investments and are based on the analysis found in Dr. Martin’s July 2006 speech: (download link below post)

and TAI Alert #11:

http://arlingtoninstitute.org/tai-alert-11-major-financial-disruption

Fundamental #1: Consider Diversifying globally.

Consider diversifying a portion of your assets into a GB Pound/Euro basket. Most of the international corresponding banks have foreign exchange and currency desks. Super regional banks like Wachovia have the ability to do this.

Consider converting your payment and contracts:

Consider restructuring some or all revenue bearing contracts such that they are denominated in GB Pounds or Euro. At a minimum, it might be worth thinking about doing this with future contracts. Holding contracts payable in both currencies would maintain a diversity of currency risk. Payments in currencies that are more closely linked to a true sovereign bank may attenuate the current dollar exposure risks. Options here are to open an international account using any bank that will allow for one. An electronic banking option might be useful so that you can make your holdings liquid in US Dollars as you need them. For example, consider converting funds back into dollars on a monthly or semi-monthly basis to pay your credit card bills or your employees — however, repatriate only what you need when you need it. If you don’t need it, leave it where it is. Remember, anything over $5K USD or more may trigger an individual Suspicious Activity Report (SAR) under 12 CFR 21. The Bank Secrecy Act was set up, among other things, to provide a means by which Federal authorities could detect money laundering and so the SAR is an important consideration.

Fundamental #2: Consider researching companies that diversify globally.

  • The London (FTSE), German (Xetra DAX), Netherlands (AEX), France (CAC) and New York markets list companies where the primary profit or value of transaction is based on business transacted in Euro or GB Pound denominated transactions. Note that General Electric’s CEO Jeff Immelt recently gave an interview in which he reported that GE’s profit will come largely from overseas markets.
  • It would be well to analyze each company’s growth plan. Look for existing (primarily profitable) revenue/income coming from non-dollar denominated sources.
  • For US listed companies — a diversified reach in their revenue base and profit diversification that includes non-US Dollar business would give more cushion.
  • Some classes and sectors within classes could provide a fairly decent opportunity using these guidelines.

Sector examples:

Food – retail and production: People need to eat. As the number of farms in the US dwindles, food will continue to require significant transportation networks. With the potential drought/flood conditions caused by climate change and rising energy prices, margins on this will probably increase.

Transportation/shipping: For example, in the European shipping sector, shippers that are involved in freight in terms of ground transportation are doing better than companies shipping cargo containers. Companies shipping liquid natural gas and other energy supplies are doing better than commercial shipping lines.

Basic infrastructure, beverage distribution, water purification: As a sub-sector of food sector, filtration as well as bottling companies have historically done a good job at tracking the food sector when there is destabilization.

Precious usable metals and materials: These are also a potential winner. Things like copper and silicon will still be in high demand for production purposes until nanotech becomes scalable. Gold may increase in value as a parking place but may not be liquid at high prices. Aluminum recycling, plastics/polymer engineering/recycling companies also stand to benefit from higher priced commodities.

Volatile Investments:

Fundamentals: High risk, high reward, derivative/public equity based, non-essential, non-transparent.

Specifics: See links at the top of the document.

Fundamental #3: Consider account accessibility.

Ask the question,” Can I get to get to a physical location and talk with a person?” Electronic environments may not always be stable or predictable. More than one mode of communication will provide more options.

Fundamental #4: Examine your credit agreements.

In the coming environment, many people may be more interested in restructuring their debt situation than in focusing on investing. Take a look at how Americans have historically dealt with debt. The old thesis said, “Put everything into your home and borrow against it.” A new thesis would begin with knowing where you stand on your personal debt.

Read your agreements:
Read the fine print of your mortgage, second mortgage, and home equity line of credit. Read the terms of your refinancing paperwork and personal credit card paperwork. Determine what factors may change triggers in credit facilities.

Many people do not know that their mortgage is subject to mortgage interest and repayment rate resets (increases) under certain market conditions. When you start to search through the fine print, look for your covenant exposures. Deep inside credit agreements there are often a whole series of requirements regarding the value of an underlying asset which is securing a debt, i.e. the loan to value ratio. If there are significant alterations in the value of the asset, there are remedies available to accelerate the payment of the loan. These resets have nothing to do with subprime rate increases.

For example, if the underlying value of the asset (house, car, boat, etc.) devalues 10%, and you were leveraged at the original value of the asset, the banks have the ability to change the rates of interest and repayment. Therefore, in a market where housing prices are devaluing on a mass scale, it would be wise to know how much the underlying value of your house could be adjusted, based upon appraisal. As the property value degrades, you could find yourself in a breach of your loan agreement.

As a house is devalued, there is less value securing a loan and the loan portfolio of a lending institution becomes more and more risky. In order to recoup as much of the investment as it can, the lending institution may legally increase interest rates and speed up your payment schedule. This may increase your mortgage payment and may also increase the amount of money going toward interest rather than principal.

Therefore, barring wild cards of large scale legislation and financial regulation, if your debt (mortgage) contract(s) have such terms you may want to start to pay down your exposure on outstanding consumer debt and re-finance debt rather than putting money into safe haven currency investment or safe cash denominated investments. Furthermore, in a highly volatile market, the amount of money saved on interest payment may potentially be greater than the growth on investments. Tax benefits may also be decreased by paying off loans, however, in most cases, the loss of deductions will be offset by the savings in increasing interest payments.

Consideration: Pull out all your loan documentation and read the fine print. Look for mention of triggers that could bring an alteration in terms (higher interest or acceleration of repayment) based on an insufficiency of collateral.

*These exposures may exist on your credit cards as well. It would be well to pay off the debt with the highest interest rates first!

Fundamental #5: Know who owns what

Find out from your bank who owns the mortgage. Many loans have been bundled and sold to third parties as equities (these have also been resold many times over). At the moment, courts have ruled that until proof of ownership exists, banks cannot foreclose on the asset. However, if a bank or third party can prove ownership (or if the legal ruling changes), then they will have the ability to foreclose on the property. Therefore, this second point illustrates why a solid strategy may be to pay down home equity loans particularly those who have been sold to 3rd party institutions.

Regulatory Wild Cards:

As the Bush Administration unleashed its plan to tackle the housing foreclosure crisis(http://www.npr.org/templates/story/story.php?storyId=16981165) other institutions are scrambling to come up with solutions. This may change the considerations above in a positive or negative way. Consider for the moment what was reported in a Financial Times article on 12/13/2007, “The Bank of England and the Bank of Canada, meanwhile, announced sweeping changes to their collateral rules to allow banks to pledge a much wider range of securities in exchange for funds.” (http://www.ft.com/cms/s/0/d9e03c62-a8bb-11dc-ad9e-0000779fd2ac.html?ncli…)

On one hand this development seems to free up liquidity in the market and ease the burden on people who want to acquire mortgages. Commercial banks will be able to borrow from their central banks using non-traditional collateral. However, depending on what is accepted as collateral, we may see similar problems beginning to emerge as occurred in the subprime lending debacle. Changing collateral rules lacks transparency and accountability and, if not held in check, banks will be forced, similar to the subprime situation, to foreclose on assets that don’t add up to the value of the lent capital.

Conclusion:

Above we have given consideration to some fundamentals about how to restructure debt and allocate discretionary funds. Please let us know what you think and send comments to info@arlingtoninstitute.org.

Arlington Institute issues an Alert – Economic Disruption: Weathering the Storm

Date:  Mon, 2007-12-17

Economic Disruption: Weathering the Storm

Kenneth Dabkowski, Executive Director — The Arlington Institute

Berkeley Springs, West Virginia — December 17, 2007 — Ever since Dr. David Martin gave a speech at The Arlington Institute in July of 2006, his economic report of opaque data-driven certainties has elicited many questions from friends, not the least of which is, “Well, what do we do about all of this?”

Given our position as think tank and not financial advisor, we have worked with Dr. Martin and other advisors to gather some general thinking points, sectors, and emergent fundamentals that are worthy of consideration. Although we cannot offer advice, it is, after all, helpful to see how the architects of scenarios and analysis manage their personal businesses and investments based on their own insights. In our scenario driven world, we would suggest that this is a thoughtful approach which outlines fundamental principles for weathering the financial storms to come.

Discretionary asset allocation to restructuring debt:

If you have your mortgages and credit cards paid off and have discretionary liquidity, sections one, two and three will be particularly applicable. If you hold a debt position, you will find sections three, four and five particularly applicable. These considerations apply to business and personal investments and are based on the analysis found in Dr. Martin’s July 2006 speech: (download link below post)

and TAI Alert #11:

http://arlingtoninstitute.org/tai-alert-11-major-financial-disruption

Fundamental #1: Consider Diversifying globally.

Consider diversifying a portion of your assets into a GB Pound/Euro basket. Most of the international corresponding banks have foreign exchange and currency desks. Super regional banks like Wachovia have the ability to do this.

Consider converting your payment and contracts:

Consider restructuring some or all revenue bearing contracts such that they are denominated in GB Pounds or Euro. At a minimum, it might be worth thinking about doing this with future contracts. Holding contracts payable in both currencies would maintain a diversity of currency risk. Payments in currencies that are more closely linked to a true sovereign bank may attenuate the current dollar exposure risks. Options here are to open an international account using any bank that will allow for one. An electronic banking option might be useful so that you can make your holdings liquid in US Dollars as you need them. For example, consider converting funds back into dollars on a monthly or semi-monthly basis to pay your credit card bills or your employees — however, repatriate only what you need when you need it. If you don’t need it, leave it where it is. Remember, anything over $5K USD or more may trigger an individual Suspicious Activity Report (SAR) under 12 CFR 21. The Bank Secrecy Act was set up, among other things, to provide a means by which Federal authorities could detect money laundering and so the SAR is an important consideration.

Fundamental #2: Consider researching companies that diversify globally.

Sector examples:

Food – retail and production: People need to eat. As the number of farms in the US dwindles, food will continue to require significant transportation networks. With the potential drought/flood conditions caused by climate change and rising energy prices, margins on this will probably increase.

Transportation/shipping: For example, in the European shipping sector, shippers that are involved in freight in terms of ground transportation are doing better than companies shipping cargo containers. Companies shipping liquid natural gas and other energy supplies are doing better than commercial shipping lines.

Basic infrastructure, beverage distribution, water purification: As a sub-sector of food sector, filtration as well as bottling companies have historically done a good job at tracking the food sector when there is destabilization.

Precious usable metals and materials: These are also a potential winner. Things like copper and silicon will still be in high demand for production purposes until nanotech becomes scalable. Gold may increase in value as a parking place but may not be liquid at high prices. Aluminum recycling, plastics/polymer engineering/recycling companies also stand to benefit from higher priced commodities.

Volatile Investments:

Fundamentals: High risk, high reward, derivative/public equity based, non-essential, non-transparent.

Specifics: See links at the top of the document.

Fundamental #3: Consider account accessibility.

Ask the question,” Can I get to get to a physical location and talk with a person?” Electronic environments may not always be stable or predictable. More than one mode of communication will provide more options.

Fundamental #4: Examine your credit agreements.

In the coming environment, many people may be more interested in restructuring their debt situation than in focusing on investing. Take a look at how Americans have historically dealt with debt. The old thesis said, “Put everything into your home and borrow against it.” A new thesis would begin with knowing where you stand on your personal debt.

Read your agreements: Read the fine print of your mortgage, second mortgage, and home equity line of credit. Read the terms of your refinancing paperwork and personal credit card paperwork. Determine what factors may change triggers in credit facilities.

Many people do not know that their mortgage is subject to mortgage interest and repayment rate resets (increases) under certain market conditions. When you start to search through the fine print, look for your covenant exposures. Deep inside credit agreements there are often a whole series of requirements regarding the value of an underlying asset which is securing a debt, i.e. the loan to value ratio. If there are significant alterations in the value of the asset, there are remedies available to accelerate the payment of the loan. These resets have nothing to do with subprime rate increases.

For example, if the underlying value of the asset (house, car, boat, etc.) devalues 10%, and you were leveraged at the original value of the asset, the banks have the ability to change the rates of interest and repayment. Therefore, in a market where housing prices are devaluing on a mass scale, it would be wise to know how much the underlying value of your house could be adjusted, based upon appraisal. As the property value degrades, you could find yourself in a breach of your loan agreement.

As a house is devalued, there is less value securing a loan and the loan portfolio of a lending institution becomes more and more risky. In order to recoup as much of the investment as it can, the lending institution may legally increase interest rates and speed up your payment schedule. This may increase your mortgage payment and may also increase the amount of money going toward interest rather than principal.

Therefore, barring wild cards of large scale legislation and financial regulation, if your debt (mortgage) contract(s) have such terms you may want to start to pay down your exposure on outstanding consumer debt and re-finance debt rather than putting money into safe haven currency investment or safe cash denominated investments. Furthermore, in a highly volatile market, the amount of money saved on interest payment may potentially be greater than the growth on investments. Tax benefits may also be decreased by paying off loans, however, in most cases, the loss of deductions will be offset by the savings in increasing interest payments.

Consideration: Pull out all your loan documentation and read the fine print. Look for mention of triggers that could bring an alteration in terms (higher interest or acceleration of repayment) based on an insufficiency of collateral.

*These exposures may exist on your credit cards as well. It would be well to pay off the debt with the highest interest rates first!

Fundamental #5: Know who owns what

Find out from your bank who owns the mortgage. Many loans have been bundled and sold to third parties as equities (these have also been resold many times over). At the moment, courts have ruled that until proof of ownership exists, banks cannot foreclose on the asset. However, if a bank or third party can prove ownership (or if the legal ruling changes), then they will have the ability to foreclose on the property. Therefore, this second point illustrates why a solid strategy may be to pay down home equity loans particularly those who have been sold to 3rd party institutions.

Regulatory Wild Cards:

As the Bush Administration unleashed its plan to tackle the housing foreclosure crisis(http://www.npr.org/templates/story/story.php?storyId=16981165) other institutions are scrambling to come up with solutions. This may change the considerations above in a positive or negative way. Consider for the moment what was reported in a Financial Times article on 12/13/2007, “The Bank of England and the Bank of Canada, meanwhile, announced sweeping changes to their collateral rules to allow banks to pledge a much wider range of securities in exchange for funds.” (http://www.ft.com/cms/s/0/d9e03c62-a8bb-11dc-ad9e-0000779fd2ac.html?ncli…)

On one hand this development seems to free up liquidity in the market and ease the burden on people who want to acquire mortgages. Commercial banks will be able to borrow from their central banks using non-traditional collateral. However, depending on what is accepted as collateral, we may see similar problems beginning to emerge as occurred in the subprime lending debacle. Changing collateral rules lacks transparency and accountability and, if not held in check, banks will be forced, similar to the subprime situation, to foreclose on assets that don’t add up to the value of the lent capital.

Conclusion:

Above we have given consideration to some fundamentals about how to restructure debt and allocate discretionary funds. Please let us know what you think and send comments to info@arlingtoninstitute.org.

For more information see: The Arlington Institute.

David E. Martin, CEO, M·CAM, Inc. presents: Patent Law Update – Processes and Strategies that Affect Commercialization Success

Date:  Tue, 2007-12-04

Herndon, Virginia — December 4, 2007 — David E. Martin, CEO, M·CAM, Inc. presents: Patent Law Update — Processes and Strategies that Affect Commercialization Success at Innovative Transitions 2007: Virginia’s 13th SBIR and Federal Funding Conference for Small Technology Firms. The annual event is hosted by The Center for Innovative Technology.

This educational event will focus on “learning the secrets to successful advanced transition. The conference will gather representatives from approximately 200 innovative technology companies and SBIR participants from around the Mid-Atlantic region together with leading players from the Federal government, DoD, prime contractor, major US industry, and investment communities.”

For more information see download file after this post:

M·CAM Contact: Debra L. Fisher, Director of Corporate Relations — info@m-cam.com.

Arlington Institute issues a Financial Alert based on M·CAM Analytics

Arlington Institute issues a Financial Alert based on M·CAM Analytics

Kenneth Dabkowski, Executive Director — The Arlington Institute

Berkeley Springs, West Virginia — November 19, 2007 — At a recent board meeting of The Arlington Institute, Dr. David Martin, CEO of M·CAM and one of the members of the board was asked for his assessment of the global financial situation in the coming months.

Here are the notes from his response:

I stand by my commentary in July of ’06.

  • The next shoe to fall is consumer credit

Currently as reports came in on 3rd quarter, foreclosures were up 470% this quarter alone. They will be up over 500% this coming quarter (4th). A foreclosure in our terms is when the bank has officially declared an account insolvent and tries to regain the asset (if it exists). The person who is foreclosed upon can no longer secure any traditional consumer credit. This in turn goes straight to the banks as no one will be able to get the store issued charge cards.

A minority of people pay off their consumer debt every month. When one considers the combination of consumer credit card debt and the compounded debt of “home equity” financing, we estimate that less than 20% of people actually carry no consumer credit from one month to the next. Many of the ones who don’t pay off their carried consumer debt have at least one credit card at its limit and therefore lack credit capacity. Most have their paycheck directly covering bills and servicing the minimum balance due.

Therefore people who are foreclosed upon will not be able to obtain credit and since their paychecks will be maxed out, there will not be extra cash left over from the paycheck to service a new debt.

Next, everybody buys things at Christmas. As much as 40% of retail sales are done in the 4th quarter of the year — i.e. the retail miracle. The purchase decline in retail goods this fourth quarter will occur because many credit-only consumers will lack the credit capacity mentioned above. Frequently, people overcharge their limit and the banks (albeit a profit center for subprime credit users) levy a penalty by increasing interest rates and charging additional fees. In the 4th quarter of 2007, the amount of people overcharging their limits will be too many for the banks to handle. We do not have a system in place to deal with overcharge on that scale. A substantial number of this December’s purchases will go into an overdraft on credit limits.

CDO — Collateral Debt Obligation — Consumer Credit

Consumer credit pooled debt investment instruments (a form of CDO) are originated and rated based on underlying historical credit behavior and a complex series of predictive models for repayment dynamics. CDOs have “strips” which are a combination of similar profile tranches within a larger investment product. Based on the market’s appetite for risk, investment performance guarantees (or credit enhancements) are packaged with the credits. These credit guarantees are issued by insurance companies, reinsurance companies, and other specialty finance companies — many operating with extra-territorial jurisdiction rendering fiscal oversight more complicated.

These strips come in several categories:

  • Investment grade
  • Almost investment grade
  • Junk and
  • Why did we give them a credit card?

All of these grades are priced on historical default rates. The credit insurance companies (AIG, MBIA, Ambac, Financial Security Assurance, Channel Re, XL, Zurich Re and other reinsurers) have, from time to time, issued credit guarantees to the securities. Banks sell debt in the form of a Collateralized Debt Obligation (CDO).

Minor shifts in default actuarial activity (+/- 25 basis points) from normative behavior is absorbed within pricing of these financial guaranty contracts. However fundamental shifts (hundreds or thousands of basis points in one quarter) are not built into the model and result in credit enhancement insolvency on a major scale. When the insurer cannot pay based on its own liquidity impairment, the bank is left with catastrophic (an insurance term for excessive loss outside of expected) exposure.

If in a single quarter we have an increased foreclosure rate of 400% (or 4000 basis points) the insurance contracts simply cannot handle that kind of drastic shift as evidenced by the write offs in the third quarter. When we will follow the drastic third quarter with a loss of 500% in the fourth quarter, the trajectory becomes clear.

Neither the banking nor the insurance industry has a historical experience in dealing with this type of challenge and neither has the liquidity linked to these contracts to support system wide collapse.

  • Where was the announcement of this? There was no announcement.

However Hank Greenberg is resurfacing in AIG leadership even during an SEC investigation because without him, no one else can remember where the counterparty risks are. In order to save the insurance industry, shareholders have looked past alleged SEC violations as there is no one with Mr. Greenberg’s awareness of the market and counterparty agreements who can hope to navigate the coming challenges. In the 4th quarter, the US will have another record foreclosure announcement. Once you’re over 25% (25 basis point) foreclosure, all models are broken.

Under a consumer credit melt-down, Capital One and/or Wachovia are likely going to put a massive foreclosure liability to an insurance company and the insurance company will not have liquidity to cover the exposure.

This is the problem we got into when we issued credit card debt on top of secondary mortgages — (inflated the value of the home) and gave out credit based on faux equity that no one really had.

The reason why this problem is the second shoe to fall (subprime mortgage collapse was the first shoe) is because consumer credit has a different foreclosure frequency than traditional mortgage credit.

December is when the maturity of the giant buyout of the economy moves.

By December, you’ll have a second round of charge offs based on consumer credit. The real big problem — when you foreclose on consumer credit, people stop buying things. When people stop buying things, we don’t have a tertiary way to pump liquidity into the market. People won’t have extra cash from their paychecks and won’t have capacity on their cards.

Try this case study:

Go to the mall and stand in front of counter at Victoria Secret. Watch what happens when someone wants to pay with cash. The clerk won’t know how to ring up cash. They will need a manager to come over to give change and unlock drawers. When you don’t have capacity on those cards, you don’t buy things. VISA credit cards actually denigrate using cash in their run-up-to-Christmas add campaign.

Next, go to any savings bank data set. If you were going to spend $1000 in cash this Christmas, can you do it? For the most part, the answer would be “no” because we have had a net negative spending for the last 5 years.

Therefore there will be depressed consumer spending this Christmas but what is spent, people will overcharge. This will take what used to be good investments in CDOs and will change the dynamic. If you used to be a person who paid their bills on time, you will now only pay half. If the credit companies are counting on the top two tranches to pay their card off in full and they don’t, they won’t have liquidity to cover the rest. The banks cannot afford the top tranch paying half.

The estimates are out. There will be at least $400B in the first round of charge offs in the CDO market.

We’re not going to be done with the subprime mortgage when the CDOs fall. Therefore we will have an insolvency problem with the banks that are mentioned above.

This is the kiss of death of a privately held Federal Reserve. For the Federal Reserve to function, its stakeholder banks (like JP Morgan Chase) must remain viable and liquid. When one of them, or any major bank in the U.S. (like Bank of America, Citibank, Wells Fargo, Bank of New York, Washington Mutual, etc.) is impaired or ceases to exist, the architecture of the Fed’s capacity to respond to systemic challenges is unsustainable.

If the banks have no money, they can’t pump liquidity into the market. Taking half of a trillion dollars out of market in a single distressed write down becomes problematic. The US banking system does not have the liquidity to take the hit.

The actual solvency of the Federal Deposit Insurance Corporation is relatively indecipherable due to the fact that their treasury management processes (and the risks of their own investment strategies) are not uniformly disclosed with sufficient transparency. The FDIC was set up for isolated problems with a few bad banks but is NOT prepared to “insure” the system in an industry-wide crisis. The actual liquidity reserve of the “insurance” that Americans view as their safety net is 1/100th the actual exposure of outstanding deposits. The actual coverage ratio for the Bank Insurance Fund (BIF) fell below 1.25% in 2002, the same year that less stable credit practices were adopted by America’s leading banks.

The funny part is that the Federal Government will be on holiday when all of this happens. There will be no one to put freeze actions and moratoria on actions. The only way you stop the cataclysm is to put together civil actions on deposit withdrawals.

As I discussed previously, the Chinese currency wild-card may become relevant far sooner than expected. An effort by China to convert its $1.4 trillion U.S. Treasury holdings into euros is not viable for many reasons — not the least of which is the European Central Bank’s inability to absorb such an event. As China continues its rush away from supporting U.S. Treasuries and as Middle Eastern investors are buying them up in more diversified holdings, a new “currency exchange” is unfolding. Realizing that they cannot liquidate their holdings, it appears that the Chinese are currently using their U.S. Treasury holdings as collateral for euro denominated purchases and long term infrastructure transactions. In other words, they may be “liquidating” their holdings as collateral and, in so doing, effectively migrating to non-dollar value without ever having to officially dump their current Treasury holdings.

Therefore, collateralize the credit in dollars — especially if you’re long in dollars. The lender/financier won’t call the note because you have it structured in such a way to both allow it to perform and hold illiquid collateral that no one wants. This essentially inflates euros. Although you can’t sell dollars, the whole purpose of collateral is that it is a second source of payment — collateral is there to down rate the risk of the loan. Secondary becomes irrelevant.

When February comes, the Chinese are going to do something as they will have to decide what the exposure is going to be with the treasury. As I see it they have to just dump the treasury. They only keep it because they can use it — they have 43% direct/indirect of US treasuries so they’ll dump them on the market.

The US Congressional pressures to decouple the RMB will work, but not in the way we want. Our plan includes helping them hold on to the treasuries, it does not involve them not holding the dollar anymore. The US wanted the tether to be part of the float. This will cause disenfranchisement of the US electorate (during primary season). February is also when public (media) will realize we won’t pull out of this.

Side note: Mayor Bloomberg could enter the race at this point, being the savior candidate (at least economically), but has $1B dollars in non-liquid money so he may not be able to enter.

  • March is when we realize that the dollar doesn’t come back.

OPEC price with the whole fluctuation of oil futures presages the event. They are going to run the price of oil as high as they can get it on the dollar, while buying US treasuries from China with the money. When the dollar does collapse, they’ll flip denominations. The wild card is long about March when the OPEC cuts spot oil off the dollar to the euro. One can look at the current oil price at close to $100/barrel and fail to see that, as this premium price is currently turning around and investing in a weakening dollar, the effective price (less the dollar investment hedge) is probably closer to $50/barrel than the spot price reflects.

Currency problems will change the game — they are financially structuring themselves to take the hit.

When we can’t afford to buy oil commodities on a spot market — it compounds the problem however the consumer that Saudi Arabia ships to is liquid (China). In the US it is a big problem. There is still a market for oil; it just changes. When you come out of Straits of Hormuz, turn left.

For more information see: The Arlington Institute.

Apex Associates Highlights M·CAM’s Market Leading Assessment of Credit Crisis and Upcoming Basel II Second Shock

Tony Meldonian – Apex Associates
November 16, 2007

Capital Ratios under fire.

Lending Shock

Today, Goldman Sachs says credit supply could be curbed by $2 trillion as the mortgage mess fallout makes its way, with Jan Hatzius, Goldman Sachs chief U.S. economist and CNBC’s Mark Haines.

I am on record, months ago, for stating the deficiency can be at $2.5 to $3 trillion plus and probably will be acknowledged by banking community before January 2009, when the Basel II accord demands / guidelines, go into the penalty phase… – likely sooner.

As my recent mortgage comments have caused a remarkable amount of negative feedback and cancellations from unbelieving readers, I feel a small bit of vindication. It seems most people do not want to know or certainly do not believe what is happening. It is understandable as most do not have access to the governing process.

Credit offered to Dr. David Martin, who aptly outlined the scenario in July, 2006 and gave us the root and formula for what is happening by exposing the media blackened Basel II Accord and its potency as the governing body for world banks. I wonder how many people even know that? Certainly no direct reference on CNBC or Bloomberg….

The good news (for my psyche), I was right. The bad news, I am right – so hunker down and secure your financing while you can.

This deficiency can cripple the lending process and / or demand NEW Cash into Bank system to stimulate an otherwise, soon to be frozen lending environment – at least until capital ratios come into alignment. So who / where does the money come from? SIV’s? Dubai, who’s your master?

Source: © Apex Associates, November 16, 2007. Used with permission.

David Martin Presents Keynote Address for the International Conference for Science and Business Information in Barcelona.

Date:  Mon, 2007-10-22

Dr. David E. Martin October 22-24, 2007

Barcelona, Spain – October 22-24, 2007 – David E. Martin, CEO, M·CAM, Inc. presents opening keynote titled “Innovation and the Birth of the Fusion Economy: Financial Implications of Intellectual Property” at The International Conference for Science & Business Information Conference (ICIC).

This year the ICIC meeting will cover trends in the field of scientific and professional information. Topics include:

For more information see: infonortics

M·CAM Forecasts Global Financial Collapse in 2008

Date:  Wed, 2007-10-03

M·CAM Forecasts Global Financial Collapse in 2008

Brussels, Belgium − October 3, 2007 −− At a recent EUPACO conference, M·CAM CEO Dr. David Martin explained the interaction between intangible asset opacity and the tumultuous consequence of intangibles in Basel II banking changes. He discussed the certainty of financial market instability and the high likelihood of global financial market collapse.

For more clarity on this topic, please Click here.

David Martin Speaks about Intellectual Property and the World Economy on Insight, on WMRA, your NPR Station

Date:  Fri, 2007-09-28

Dr. David E. Martin September 28, 2007

Harrisonburg, Virginia – September 28, 2007 – David E. Martin, Ph.D., founder of M·CAM Inc., an international intellectual property rights firm based in Charlottesville speaks about intellectual property and the world economy on Insight, on WMRA, Your NPR Station.

From the WMRA website:

19 years ago, doctors said David Martin would never walk again… he proved them wrong.

Now Martin has taken on a new impossible challenge… changing America’s approach to world trade.

We ask this specialist in intellectual property rights to explain his view that changes in patent and copyright law hold the key to saving the U.S. economy.

Insight is the combination of talk shows and documentaries available on WMRA weekdays at 3 p.m., just before All Things Considered. Every Monday, Wednesday, and Friday Insight features locally originated interviews hosted by journalist Tom Graham and often including live listener call-ins. On Tuesdays and Thursdays Insight presents in-depth special reports produced by a variety of the most respected documentary makers in public broadcasting.

Listen to the Program