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Japan Consortium Misses Out on $38.5 Billion Australian Submarine Deal

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Submarines used by the Japanese Maritime Self-Defense Forces. The Australian submarine deal would have been the first export by Japan of a major weapon system.

TOKYO — In a blow to Japan’s arms export ambitions, Australia chose a French company on Tuesday to supply a dozen attack submarines for its navy, rejecting a bid from a Japanese consortium that had been seen as the front-runner.

The deal, worth 50 billion Australian dollars, or $38.5 billion, is one of the biggest-ever defense contracts in the Asia-Pacific region. And for a while, conditions seemed to be lining up just right for the Japanese, who were looking to put their little-known submarine industry on the global map.

Japan and Australia, both island nations, rely on submarines for defense. Japan is adept at making the type of quiet-running, diesel-powered vessels the Australians sought. And just two years ago, Japan lifted a self-imposed ban on weapons exports that it had maintained since the end of World War II.

Japanese and Australian leaders, meanwhile — mutually concerned about the growing military might of China — have been touting closer military ties. In 2014, Prime Minister Shinzo Abe of Japan and Tony Abbott, then the prime minister of Australia, signed a defense cooperation agreement that many saw as paving the way for a submarine sale.

So Australia’s choice of the French company, DCNS, over the Japanese manufacturers Mitsubishi Heavy Industries and Kawasaki Shipbuilding was more than a business setback for Japan. A win for Mitsubishi and Kawasaki would not just have secured the first export by Japan of a major weapon system. It would also have been a turning point for Japan’s broader defense policy, which has been mostly inward-looking since its wartime defeat more than 70 years ago.

The conservative Mr. Abe has been trying to change that by loosening decades-old legal restrictions that have prevented the Japanese military from engaging in combat missions abroad, as well as by lifting the ban on arms exports.

“The French offer represented the capabilities best able to meet Australia’s unique needs,” Malcolm Turnbull, the current Australian prime minister, said in announcing the decision in Adelaide, where the vessels will be built. “This is securing the future of Australia’s navy over decades to come.”

The French-designed submarines will eventually replace Australia’s fleet of Collins-class submarines, which were built in the early 1990s, also in Australia, based on a Swedish design. The French vessels are expected to enter service in the early 2030s.

In an accompanying written statement, Mr. Turnbull and Defense Minister Marise Payne said the French submarines offered “superior sensor performance and stealth characteristics, as well as range and endurance similar to the Collins-class submarine.” Other considerations were “schedule, program execution, through-life support and Australian industry involvement.”

A post-mortem had already begun in Japan over the failure of the joint Mitsubishi-Kawasaki bid, after leaks to the news media in Australia in recent weeks suggesting the government in Canberra was cooling on the Soryu-class submarine being offered by the two companies. They were proposing to sell the Australians an enlarged version of the 4,200-ton Soryu, which is powered by a combination of advanced diesel engines and lithium-ion batteries.

Mitsubishi and Kawasaki have built eight of the submarines for the Japanese Navy, the Maritime Self-Defense Forces, and have orders for 12 more. But they have never orchestrated this sort of multinational building project, with assembly taking place in a foreign shipyard — a requirement of the Australian bid.

Gen Nakatani, the Japanese defense minister, said he was “very disappointed” and would seek a detailed explanation from Australia for its choice. He added that Australia would remain “a special strategic partner.”

The Japanese companies have struggled to meet Australian requests to modify the Soryu to make it larger and give it longer range, experts said, and appeared less enthusiastic than the French to share technical secrets with the Australian contractors who would help build the submarines.

“The French were very adroit in putting forward a bid that that was really an industry play, as well as a technical proposal,” said Peter Jennings, executive director of the Australian Strategic Policy Institute. As for the Japanese, he added, “there really was a risk in asking Japan to relocate an entire industrial capability for the first time in modern history.”

The successful French proposal involves swapping an advanced diesel engine for the nuclear power plant normally used in a DCNS-made Barracuda-class submarine, a proven vessel that already has the size and range the Australians were looking for.

The French state owns about two-thirds of DCNS, which is the country’s largest naval contractor, while most of the rest is held by the defense and aerospace group Thales. Jean-Yves Le Drian, the French defense minister, told Europe 1 radio on Tuesday that the deal was “a great victory for the French naval industry” that would provide as many as 4,000 jobs in the Cherbourg region, where the company’s shipyards have been struggling.

Under the administration of former President Nicolas Sarkozy, France built two Mistral-class helicopter carriers for the Russian Navy, but sanctions imposed by Western countries after Russia invaded Crimea and Ukraine scuttled that deal.

ThyssenKrupp Marine Systems of Germany had also bid for the Australian deal.

Given the importance of the submarine project to Australia — Mr. Turnbull called it “a momentous national endeavor” — the French bid ultimately looked like the least risky choice, Mr. Jennings said. He added that Australia might now look for other, smaller defense contracts to open up to Japan, for instance in sonar systems, missile defense or cybersecurity.

“Walk first, then run,” Mr. Jennings said. “This is not something where we can afford to have any false starts.”

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P and G reports a $2.8 billion profit

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Procter & Gamble on Tuesday reported a $2.8 billion profit for its third quarter ended March 31 – a 28 percent increase from a year ago.

Total sales at the Cincinnati-based consumer products giant dropped 12.7 percent to $15.8 billion, from the same period in 2015. Adjusted for the company's ongoing divestiture of nearly 100 noncore brands, sales declined 7 percent from last year. The company said closely-watched organic sales (a metric that excludes the impacts of mergers, acquisitions and foreign exchange) rose 1 percent.

Wall Street analysts had forecast for P&G to post a $2.2 billion profit for the quarter, excluding one-time items, according to Bloomberg. They also expected sales to be $15.8 billion. Last year, P&G reported a $2.2 billion profit on sales of $18.1 billion in sales.

“We continue to make progress on the transformations we are undertaking to return P&G to balanced

top- and bottom-line growth and maintain strong cash generation,” CEO David Taylor said.

P&G has reclassified more than 40 beauty brands it plans to sell later this year as "discontinued operations" and amended their financial statements to reflect those changes. Had P&G already exited those and other brands already sold off, the company said total sales for the quarter a year ago would have been $16.9 billion.

The brand sale is part of a broader restructuring that has already jettisoned the Duracell batteries brand and Iams pet food and others. Since 2014, P&G has embarked on selling off brands commanding $10 billion in sales to slim down to a $70 billion company doing business under 65 core labels.

The Duracell brand sale to Warren Buffett's Berkshire Hathaway closed in the third quarter. The conglomerate tendered 52 million shares of P&G stock back to the Cincinnati company in exchange for the battery brand.

Based on the stock price at closing and netting out the $1.8 billion P&G was required to reinvest in Duracell before handing it off, the consumer products company got $2.4 billion for the battery brand. But instead of getting a cash infusion, the transaction retired 2 percent of P&G's entire outstanding stock.

Later this year, P&G will close on its divestiture of the beauty brands it has decided to exit, including CoverGirl makeup, Wella and Clairol hair coloring. Those brands doing $6 billion in annual sales will become a separate company that will merge with New York's Coty Inc., which makes Rimmel makeup and is the licensed manufacturer of Calvin Klein and dozens of other fragrances.

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Low oil price pushes BP to $485m loss

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BP

BP has sunk to a $485m (£334m) loss for the three months to March as low oil prices took their toll.

The loss, on the replacement cost measure, compared with a $2.1bn profit for the same period last year, but was lower than the $2.2bn loss for the three months to December.

The oil giant took a $917m charge for the 2010 Gulf of Mexico oil spill, taking the total to $56.4bn.

It was still unable to estimate its liability for civil claims.

On an underlying basis, which strips out one-off costs, BP reported an adjusted profit of $532m despite expectations for a loss. However, this figure was sharply lower than the $2.58bn profit for the same period last year.

Its refining and trading division reported a profit of $1.8bn, offsetting a $747m loss in oil and gas production.

Brent crude averaged $34 a barrel in the quarter, compared with $44 in the last three months of 2015 and $54 in the first quarter last year.

Chief executive Bob Dudley said he expected global oil supply and demand to balance towards the end of the year, which could help push prices higher.BP shareholders rejected a pay package of almost £14m for chief Bob Dudley earlier this month

"Operational performance is strong and our work to reset costs has considerable momentum and is delivering results," he said.

Earlier this month BP, faced a shareholder revolt when almost 60% voted against its remuneration report, which included a pay deal of $19.6m (£13.8m) for Mr Dudley.

Despite the slide in the oil price, BP held the quarterly dividend at 10 cents a share. Its shares rose 3% to 370.2p in early trading in London.

Steve Clayton, head of equity research at Hargreaves Lansdown, said BP could not afford to keep paying a dividend indefinitely while making a loss: "Ultimately there's only so far the company can travel down this road before it runs out of gas."

"It looks like BP is betting on a rapid return to significantly higher oil prices. If they duly appear, then BP will have protected its shareholders through the tough times. But if oil does not rebound, then BP will become progressively weaker in an environment where strength matters."

Spending cuts

In February, BP reported that annual profits had more than halved to $5.9bn following the collapse in oil prices.

The company cut spending three times in 2015 to $19bn and shed about 10% of its 80,000-strong workforce.

Spending this year should be about $17bn, but could be cut by up to $2bn if oil prices remain depressed.
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FCA to move Ram to Sterling Heights, Jeep to Mexico

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FCA CEO Marchionne: "We ran the optimization exercise with a very clear view of not losing one unit of sales for Ram and not losing one unit of sales for Jeep."

After months of speculation, Fiat Chrysler CEO Sergio Marchionne confirmed today that the automaker plans to move production of its Ram pickups from Warren to Sterling Heights and will move production of a Jeep SUV from Belvidere, Ill., to Toluca, Mexico.

Those moves and others discussed by Marcionne today are part of a massive plan to shift production of smaller vehicles to Mexico while concentrating on the production of more profitable Jeep SUVs and Ram pickups in the U.S.

Despite some painful temporary layoffs, a multibillion reinvestment plan, the discontinuation of two passenger cars and the movement of a Jeep SUV to Mexico, Marchionne said no U.S. jobs would be lost.

"We have had obviously intense dialogue with our counterparts at the UAW about the implications on head count," Marchionne said. "I confirm now, as we have done with them, that the realignment of the footprint in NAFTA is actually going to yield an increase in manpower."

While most of the plans confirmed by Marchionne today have previously been reported by the Free Press and other media organizations, they had not been confirmed by the company, leading to anxiety among thousands of workers at the automaker's U.S. plants.

Marchionne said today that the overriding principle that guided the massive transformation of FCA's production footprint was to avoid the loss of the ability to make any Ram or Jeep vehicle as the company made a transition to a new or redesigned model.

"I will give you a perfect example. The Warren Truck Plant, which is historically one of the oldest plants we have in the fold of the old Chrysler and now FCA, is a plant that would have had to go through incredible surgery in order for it to accept the new Ram truck," Marchionne said. “So the realignment of the Sterling Heights plant to accept the new Ram ...allowed us to effectively re-lay out the whole manufacturing footprint by not losing one unit."

FCA shocked workers and automotive analysts earlier this year when it announced plans to eventually discontinue production of the Chrysler 200 in Sterling Heights and the Dodge Dart in Belvidere, Ill. Since then, workers in Sterling Heights have spent most of the year on layoff as sales of the Chrysler 200 has dropped by more than 60%.

Now, that plant is scheduled to begin building Ram pickups by 2018.

Meanwhile, Marchionne said Warren Truck will eventually build the Jeep Wagoneer and the Jeep Grand Wagoneer. Until today, Marchionne has not specifically or clearly discussed plans for two different Wagoneer large SUVs.

Marchionne also said today that the automaker will build the replacement for the Jeep Compass and Jeep Patriot at its plant in Toluca, Mexico, with production scheduled to begin during the second half of this year.

FCA has said those two Jeep SUVs will be replaced with a single model but has not revealed the name of the vehicle. The automaker is also preparing to begin production of the Jeep Compass/Patriot replacement at its plant in Pernambuco, Brazil, as it seeks to boost Jeep sales in South America.

Currently, the Compass and Patriot are built in Belvidere, Ill. Marchionne did not discuss the future of that plant. The Free Press has previously reported that the Jeep Cherokee, currently made in Toledo, will be moved to Belvidere.

That will give the automaker the ability to boost production capacity of the Jeep Wrangler and build a Jeep pickup truck in Toledo so it can meet demand for the Wrangler in the U.S. and export a higher volume.

In 2012, when FCA discontinued production of the Jeep Liberty, it lost almost a year of production volume and profits as it retooled the plant to make the new Jeep Cherokee.

At the time, Marchionne vowed he would never make that mistake again – an idea that resurfaced when he talked about the company's planning process today.

"The realignment of the NAFTA footprint was driven by two conditions," Marchionne said. "We ran the optimization exercise with a very clear view of not losing one unit of sales for Ram and not losing one unit of sales for Jeep."

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Chernobyl 30 Years Later: Those Who Live in Its Shadow Still Suffer

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In the days before the 30th anniversary of the Chernobyl nuclear disaster today, workers hurriedly filled in pot holes and painted lines on the decrepit road to the destroyed nuclear station. They were getting ready for a visit by Ukraine’s president and memorial ceremonies at the site to mark the catastrophic incident on April 26, 1986.

Time has helped bury some of the most obvious effects of the catastrophe. Slowly the forest is breaking up the abandoned towns inside the exclusion zone; the famous “Red Forest,” of irradiated trees turned red by the reactor leak, has been cut down and replanted.

Radiation levels on the surface are often close to background norms, though highly contaminated patches still lurk everywhere. Next year, a giant new containment shell is due to be slid over the shattered reactor, sealing it safe for 100 years.PHOTO: A doll in a childrens gas mask is seen amongst beds at a kindergarten in the abandoned city of Pripyat near the Chernobyl nuclear power plant in Ukraine March 28, 2016.Haunting Images From Chernobyl

But as the workers spruced up the route to the world’s worst nuclear disaster zone, some affected by the accident said with the passing of time their plights were increasingly being downplayed and accused Ukraine’s government of trying to save money by cutting support to them.

The claims throw attention onto the fact that even 30 years on, the long-term health effects of Chernobyl remain intensely disputed.

The disaster, the worst nuclear accident in history, eventually affected 3 million people and forced the evacuation of over 300,000. The reactor was sealed inside an 18-mile exclusion zone, deemed too contaminated for people to live and known now just as the Zone.

The United Nations and the World Health Organization have found that other than the tens of thousands exposed immediately after the accident, there is no evidence to show Chernobyl’s leaked radiation has had a major impact on public health. The International Atomic Energy Association (IAEA) has said radiation levels have fallen by a factor of several hundred and that most contaminated land has been made safe.

But some local doctors and researchers reject this, saying they have documented a growing number of long-term health issues among people living in areas close to the exclusion zone, particularly among children and arguing that even small doses of radiation over long periods is dangerous.

“The level of illness is much higher than in the regions that are not contaminated,” Oksana Kadun, head doctor at Ivankov hospital, the closest to the Zone. Kadun, who is helping with a European Union-funded study tracking the health of 4,000 children in contaminated areas, said she saw increased cases of respiratory problems and immune system deficiency.PHOTO: Reactor No. 4 of the Chernobyl nuclear power plant stands encased in lead and concrete following the accident in April 1986, that released a cloud of radiation that circled the world in Pripyat, Ukraine, July 1988. Mark J. Porubcansky/AP Photo

Reactor No. 4 of the Chernobyl nuclear power plant stands encased in lead and concrete following the accident in April 1986, that released a cloud of radiation that circled the world in Pripyat, Ukraine, July 1988.

With the contaminated regions poor and of little influence, there was little appetite to reopen the issue, Kadun said.

“Few people are talking about this because nobody wants to hear it,” she said.

In the villages of ginger-bread cottages strung along the plain just outside the Zone, where storks build their nests on pylon-tops and people work tiny plots of land by hand, many assume they are poisoned but say they have little way to prove it. Too poor to buy food, most grow their own and forage from ground they know is contaminated.

“What we have, we use,” said Anna Pogorelova, who lives with her two children in what was called the "Fourth Zone" -- an area once considered contaminated but not enough for evacuation.

In many places here, Ukraine’s government pays people compensation for Chernobyl—known by Ukrainians as “coffin money”. But with the country on the edge of default, the government has been curtailing the payments for some and reclassifying areas previously deemed contaminated.

Officials have said they are making tough choices with limited resources, but those affected by the accident say the government is trying to ignore legitimate cases.PHOTO: The police guard on their duty the entrance of Pripyat town four kilometers from the Chernobyl power station, March 6, 1989, three years after the nuclear disaster.Mikhail Metzel/AP Photo

The police guard on their duty the entrance of Pripyat town four kilometers from the Chernobyl power station, March 6, 1989, three years after the nuclear disaster.

“We have the impression that they would rather that we had just gone already,” said Nadezhda Makarevich. Makarevich was evacuated from Pripyat, the town closest to the reactor. On the morning after the explosion, she was washing her windows. Not alerted by the Soviet authorities, she inhaled fallout, suffering radioactive burns on her lungs.

Makarevich is part of a group campaigning for the government to pay support benefits to those poisoned by the accident, as it is obliged by law.

With so many once classified as victims of Chernobyl -- the number of so-called “liquidators,” workers who contained the accident, is around 500,000 -- and the illnesses so long-term, those claiming Chernobyl benefits are often stigmatized as scroungers.

In the villages around the Zone, many say they’re resigned to living on contaminated ground. In any case, they say, radiation is only one of their problems.

“We’re not a big region,” Pogorelova said. “No one pays us any attention.”
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T-Mobile Delivers Robust Customer Growth, Profits in First Quarter

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T-Mobile US (TMUS - Get Report) delivered strong first-quarter results thanks to robust customer growth that led to solid profitability.

The U.S. wireless carrier reported first-quarter results Tuesday before the markets opened, posting $8.6 billion in total revenues and $0.56 per share in earnings. Wall Street was expecting $8.4 billion in revenue and $0.10 in EPS.

Shares were up in pre-market and initial trading on Tuesday, but have settled and are now down slightly to $40.92.

John Legere, president and CEO of T-Mobile, touted the telco's customer growth.

"I can't think of a better way to start off 2016 than by capturing all of the industry's postpaid phone growth -- again!" he said in a statement on Tuesday. "Our model is working and the business momentum is accelerating across the board."

The third-largest U.S. wireless carrier behind Verizon Communications (VZ - Get Report) and AT&T (T - Get Report) has been steadily adding customers each quarter. In the first quarter, T--Mobile added 2.2 million net customers, marking the twelfth consecutive quarter that T-Mobile has added more than 1 million net customers, and the sixth time in the past seven quarters that it's added more than 2 million customers. It also added more than 1 million net branded postpaid phone customers.

Meanwhile, Ebitda increased 98.1% year-over-year to $2.75 billion, which includes $636 million on a gain from spectrum. Net income also increased, coming in at $479 million, up from a net loss of $63 million over the corresponding period last year.

In addition, T-Mobile shared its guidance for customer outlook and its Ebitda target for the year. The telco is expecting branded postpaid net customer additions to come in between 3.2 million and 3.6 million. Previously, it was anticipating a range of 2.4 million to 3.4 million.

Adjusted Ebitda is expected to be between $9.7 billion to $10.2 billion, which also marks an increase from the previous guidance of $9.1 billion to $9.7 billion.

In order to support customer growth, T-Mobile said it will continue to make improvements to its 4G LTE network. In particular, it will expand Extended Range LTE, which operates on the company's low-band 700 MHz A-Block spectrum and covers about 194 million in more 340 markets. In line with this effort, T-Mobile has already agreed to acquire more 700 MHz A-Block spectrum licenses and plans to expand its 600MHz offerings.

Rival carrier AT&T reports on Tuesday after the markets close. Verizon Communications reported first-quarter earnings last Thursday, coming in just slightly lower than expected by delivering $1.06 EPS and $32.2 billion in revenue, versus analysts' estimate of $1.06 in EPS and revenue of $32.46 billion.

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Apple misses by a mile: Wipes out $43B

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Apple shares are down 7% after they released disappointing March quarter results.

Apple (AAPL) missed by a mile.

Fanning concerns the world has finally reached a saturation point with smartphones, Apple late Tuesday stunned investors by missing revenue and profit forecasts for the March quarter. It was even worse than widely expected - and expectations were already low.

The company reported adjusted quarterly earnings of $1.90 a share, which is well below the $2 a share expected by analysts. It's not just a matter of just missing forecasts. Profit fell 18% from the same period a year ago. Revenue also missed expectations, falling about 12% to $50.6 billion, the biggest drop in revenue since the third-quarter of 2001, according to data from S&P Global Market Intelligence.

Shares of Apple are getting hit roughly 8% in after-hours trading, tumbling to $96.67. They closed in regular trading at $104.35, or down 0.7%, putting them down 0.9% for the year. The downward move in after-hours trading means the company shed $43 billion in market value based on after-hours trading.

The collapse in Apple's profits and the stock is the latest and biggest problem for increasingly nervous tech investors. Just last week both Google parent Alphabet (GOOGL) and Microsoft (MSFT) missed revenue and earnings forecasts for the first quarter. Trouble in Apple is also a problem for investors at large, since the company is the most valuable stock in the Standard & Poor's 500 giving it a huge effect on the value of the market. Prior to the after-hours selloff, Apple was valued at $579 billion - outstripping any other company in the S&P 500.

Apple is facing the same challenge that's plagued other companies that have become so dominate. The company's sheer size and influence create a practically impossible barrier to growth - as matching its past success and growth is increasingly difficult. Exxon Mobil (XOM), Cisco Systems (CSCO) and Microsoft are all examples of companies that recently become the most valuable in the U.S. that have struggled to maintain growth.

There is at least one bright spot to Apple's sheer size: Cash - and lots of its. Apple ended the March quarter with cash and investments of $232 billion, up 7.4% from the end of 2015. The company also said it was boosting the quarterly dividend 10% to 57 cents a share.

The question is - what will Apple do with its boatload of cash - other than just increasing the dividend ... again.

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Mitsubishi says it has used misleading fuel-economy testing methods for 25 years

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The logo of Mitsubishi Corporation is displayed at the entrance of the company headquarters building in Tokyo. (Issei Kato/Reuters)

April 26 at 6:37 PM

Japanese carmaker Mitsubishi said Tuesday that it used fuel-economy testing methods that did not comply with Japanese regulations for 25 years, much longer than previously known.

It said that aggressive internal targets may have put pressure on employees to overstate the fuel economy of its vehicles and that it would set up an external committee to investigate the matter.

Japan’s sixth-largest automaker has lost half its market value — some $3.9 billion — since it admitted last week to manipulating test data for four domestic mini-vehicle models, including two it produced for Nissan.

It has also said that more models may have used tests that were not compliant with Japanese standards, prompting concern about ballooning potential compensation costs and fines. The U.S auto safety regulator is seeking information, while Japanese authorities have raided one of the company’s research and development facilities.

Mitsubishi said that it used appropriate testing methods on vehicles sold in the United States and that it had no indications of data manipulation in vehicles sold in other overseas markets.

It said it had been submitting noncompliant data to Japan’s transport ministry since 1991. It previously said such noncompliance went back only to at least 2002.

Ryugo Nakao, executive vice president for Mitsubishi, said Japanese regulations changed in 1991 to require testing methods to better reflect stop-and-go urban driving, but Mitsubishi did not follow that rule change. “We should have switched, but it turns out we didn’t,” he said.

A committee of external experts will report the results of its investigation in three months, he said.

Nakao added that repeatedly raised internal fuel-economy targets during the development of the affected models may have contributed to the cheating. “Judging by what the investigations have shown so far, it seems there was pressure,” he told reporters.

Another executive, Koji Yokomaku, said Mitsubishi raised its fuel economy targets five times in two years while developing the mini-vehicles, reaching 18.14 miles per liter from an initial target of 16.4 miles per liter.

Tetsuro Aikawa, Mitsubishi’s chief operating officer, who was on the engineering team that developed the original eK Wagon, said he had no idea the fuel economy readings were being falsified. “I was totally unaware this was happening,” he said. “It’s a problem that this issue didn’t come up until now.”

The automaker has said it compiled data for fuel-economy tests using U.S. standards, where higher-speed highway driving is common, rather than Japanese standards, where more-prevalent city driving commonly consumes more fuel. Mitsubishi said the U.S. testing method may have been used, as it is shorter and would save time.

The misconduct has revived memories of a scandal more than 15 years ago in which Mitsubishi admitted to systematically covering up customer complaints for more than two decades, bringing the company close to collapse. It was bailed out by other Mitsubishi Group companies.

Senior officials at other Mitsubishi firms say it would be difficult for them to help the carmaker this time, if needed, as they face their own financial squeeze, as well as calls to put shareholder returns above ties with the former Mitsubishi business empire.

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Regulators Approve Charter Communications Deal for Time Warner Cable

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The combination of Charter Communications, Time Warner Cable and Bright House Networks would be the country’s second-largest broadband provider, with 19.4 million broadband subscribers.

WASHINGTON — Federal regulators on Monday moved to approve Charter Communications’ $65.5 billion acquisitions of Time Warner Cable and Bright House Networks, enabling the creation of a new cable giant as the industry focuses more on broadband as traditional TV declines.

Yet, the orders to approve the deals were coupled with many restrictions that illustrate how regulators are increasingly using their power to further policy goals that are not covered by current regulations for the industry. The Federal Communications Commission and Justice Department imposed mandates on the acquisitions aimed at protecting streaming video companies and providing cheaper broadband services to low-income families, some of which go far beyond regulations for the entire cable and Internet sectors.

The conditions are meant to ensure competition in the nascent online video business and to spread Internet connectivity given that broadband has been deemed a utility. Attaching the restrictions could blunt the power of the combined Charter entity, which becomes the country’s second-largest broadband provider with 19.4 million users and the third-largest cable television provider with 17.4 million customers.

“The cumulative impact of these conditions will be to provide additional protection for new forms of video programming services offered over the Internet,” Tom Wheeler, chairman of the F.C.C., said in a statement. He added that there would be an independent monitor to ensure compliance with the conditions.

Mr. Wheeler circulated his approval order to other F.C.C. commissioners and was expected to get enough votes to close the deals. The deals still await final approval from regulators in California.

The move to approve Charter’s acquisitions is the latest development in the fast-consolidating cable industry. Over the last few years, the industry has greatly shifted from a business controlled by hundreds of regional outfits to one controlled by three major players — Comcast, Charter and Altice, the European company that recently made a deal for Cablevision — that wield more heft over the country’s broadband and entertainment infrastructure. That heft gives the companies more leverage in negotiations with TV companies over programming and distribution deals, as well as more leverage over what crosses their broadband pipes and the future of online video.

“Each player has a lot more scale to shape broadband and online video going forward,” said Amy Yong, an analyst with Macquarie. “About 80 to 90 percent of broadband homes are now in the homes of three players. It is starting to look like a tri-opoly.”

In the last year, the F.C.C. has also increasingly used conditions imposed on merger approvals to advance its regulatory goals. In approving the merger between AT&T and DirecTV last year, for instance, regulators required a building out of more broadband services to millions of households and the offering of cheaper broadband option for low-income homes.

This time, the F.C.C. and Justice Department asked Charter to agree to abstain from negotiations with programmers that would keep shows and movies off competing streaming services like Netflix and Amazon Prime Video.

Charter also promised that for seven years it would not impose data caps on broadband users who can run up big bills when watching online video, and that it would not charge companies like Netflix extra to connect to Charter customers. In addition, Charter agreed to expand its Internet footprint to two million more homes and to offer a cheaper broadband service to low-income households.

Justin Venech, a Charter spokesman, said in a statement that the conditions ensured the company’s “current consumer-friendly and pro-broadband business practices,” adding that the combined entity “will be a leading competitor in the broadband and video markets.”

Regulatory approval would be a major win for Charter, which had circled Time Warner Cable for the last three years. Comcast stepped in with a rival bid for Time Warner Cable that collapsed under regulatory pressure last year. After that, Charter announced its pair of deals for Time Warner Cable and Bright House in May 2015.

The approvals will have enormous implications on the telecommunications, media and technology ecosystem, with the combined company set to have greater influence over program pricing, new technologies in broadband infrastructure, and business models emerging in streaming video. Consumers have also come to rely on the Internet as a utility, but see prices increase with few options for providers.

The prospect of so much combined power by a few companies has drawn protests from consumer groups and some tech companies, most notably Dish Network, which fears its Sling TV streaming video services could be threatened by the Charter mergers.

On Monday, Dish declined to comment on the regulators’ move to approve the Charter deals. Dish is part of the Stop Mega Cable Coalition, which was formed to raise awareness of the harms that could result from the deals, and which on Monday said in a statement that the conditions proposed by the F.C.C. fell short of “addressing all of the threats to competition and consumers posed by this transaction.”

The coalition said Charter should be required to offer a stand-alone broadband service.

Others criticized the F.C.C.’s conditions of approval as overreaching. “At first blush, it appears that the commission may have operated well outside the four corners of the merger application to pursue unrelated matters and policies,” Michael O’Rielly, a Republican commissioner for the agency, said in a statement.

Some consumer advocates also opposed any approval of the deals, fearing that a combined entity would eliminate competition and increase prices for customers.

“Creating broadband monopoly markets raises consumer costs, kills competition, and points a gun at the heart of the news and information that democracy depends upon,” Michael Copps, a former Democratic member of the F.C.C. and a special adviser to the Common Cause public interest group, wrote in an email. “F.C.C. approval of this unnecessary merger would be an abandonment of its public interest responsibilities.”

The F.C.C. has the broad mandate of protecting the public interest, which gives it the ability to create conditions that may seem unrelated to antitrust reviews but could make a deal good for consumers, said Gene Kimmelman, a former antitrust official at the Justice Department who is now president of Public Knowledge, a nonprofit media advocacy group.

“Offering to extend their broadband footprint and offer subsided broadband to some low income customers furthers existing F.C.C. policy efforts and serves the public interest,” he said.

Correction: April 25, 2016 An earlier version of this article gave an outdated value for the Charter Communications deals. They are valued at $65.5 billion, no longer the $88 billion they were valued at when first announced.

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ES Morning Update April 26th 2016

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The Futures are just riding both of the rising trendlines of support and seem to be waiting on the FOMC meeting for a direction.

The MACD's on this 2 hour are rising but look tired and could roll back down anytime.  The 6 hour chart is resting on the zero line and could turn up or down?

Really there's not much that has changed since yesterday as the market is clearly not going up or down huge until all the Fed's speak Wednesday at 2pm.  Pattern wise this slow grind up is just a bear flag.  But with the FOMC tomorrow you can't really rely on it to work out.  We all know that they have some wild swings up and down around the first 5-10 minutes before the announcement and shortly afterwards.  We seen moves up of 20-30 points in 60 seconds only to be reversed back down within minutes.  So again, I don't think there's much you can read out of today's chart as we need to get this meeting behind us first.

Since we know where the market is headed over the next 2 months, as well as the actual target, it's just a matter of inching into positions the best you can both before and after the meeting tomorrow.  It's not likely that you'll catch the exact best entry but you can still make a lot just by knowing where you are going too and the likely timeframe.  As for today, it's probably going to be as boring as yesterday and one you might just take off (unless you are a day trader looking to sclap a few points) as I'll be look to take my positions tomorrow.

ES Morning Update April 25th 2016

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Tough read here but support is in the 2070-2080 range.

Not much help here on the MACD's either as they are flat-lined under zero.

Might have to just go with my gut more today as technically I don't see any obvious clues as to the direction.  I'm thinking that we'll drift down some in front of the FOMC meeting this Wednesday.  Uncertainty about what the Fed's might say usually leads to traders get out of positions and since we've been in a long big rally up I'd have to think we'll go down some in front of it.

Monday's are usually one of the lightest volume days of the week, and that's been especially true the last several weeks.  That leans more toward small moves down as without some serious selling the dip buyers keep coming back and trying to rally the market more.  I don't see much on the upside though as the resistance overhead is very strong, especially with the uncertainty of the meeting still ahead of us.

I could see a choppy day today as the market drifts more down then up but probably doesn't gain much ground in either direction.  We're still in a long rising wedge on the SPX cash, that looks ready to break today, but might just hold on today and push the breakdown until tomorrow.  This of course assumes the high on the SPX was last week at 2111.05 and so far it's looking strong.  But we'll seen many FOMC meetings put in an important top so I'm not ruling out some kind of quick squeeze up that day to take out stops making a slightly higher high before reversing back down to start our journey south.

Today however is just a flip of the coin as I don't see any direction up or down clearly with high odds of either one.  The big picture... I stay down starting this week, but the short picture (as "just today") I'm unclear.  Again, I'm leaning more likely toward the downside then up but I don't have high odds on it.  More likely we'll see the down play out early on this morning and the midday float back up and then some more chop into the afternoon and close with nothing much really happening on a closing basis for either side.

ES Morning Update April 22nd 2016

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Futures found support at rising trendline but making a bear flag

MACD's trying to turn back up but look weak

Considering today is a Friday I'm kinda expecting them to close green by riding that rising trendline up the rest of the day.  It is making a bear flag so at some point I do think it will breakdown.  Whether that happens today or Monday I just don't know?  But since we just had our first pullback yesterday it stands to reason that the bulls will fight to hold this level and not drop hard this early in the topping out phase.

On the downside we have support at the 2070-2075 range but if we break that rising trendline I think we'll drop deeper to the 2060 level as the next wave down should be some kind of wave C (or 3) and it will likely be stronger then the first wave down that we had yesterday.  This might not happen until Monday as we could see a slow boring day today as this wave B up (or 2) just grinds up that rising trendline all day and puts all the bears to sleep.

On the upside we still have to worry about the Nasdaq Composite Index NOT reaching 5,000 as the Dow did break 18,000, so it's still possible to have one more move up to tag that level.  It will likely depend on what happens today I think as a slow grind up to continue making the bear flag leans much more toward the high being in and 5,000 NOT being hit.  Everything looks good right not for the start of the next move down, but do understand it could be tricky for a week or so until we see some more important downside support levels break.

ES Morning Update April 21st 2016

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Not much changed since yesterday.  No clues here.

MACD's are flat-lined on many time frames.  Again, no clues to the next direction.

At this point gang the only thing I have to go on is that I think "they" want 5000 on the Nasdaq Composite Index before they rollover and start the next correction.  Everything else is here, like the fulfillment of the 210 SPY FP, the current Legatus meeting, a "Doji" close on the daily chart yesterday (SPX), a "Massively" overbought chart", a rising wedge that near the Apex end of it, large accumulation of VIX calls by insiders over the last few days, record low daily volume (indicating fewer and fewer buyers), and of course the pierce of the even number 2100 (on both the ES Futures and the SPX cash).  So, we just need some bad news or event to get the ball rolling down the mountain now.

As we all know they never make it easy for the bears.  They dance around the top sometimes for days just to get us to throw in the towel and go back to our hibernation caves.  While I'd love to tell you some technical reason in the charts to indicate we are going down today to hit some level of support, but I can't.  Charts are useless during extremely heavy manipulation periods like right now.  You just have to accumulate some small short positions each day to average yourself into them as you know it's coming, you just don't know the exact day.

ES Morning Update April 20th 2016

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Still hovering around this zone, which is common at a top

The MACD's don't really give much clues as they could go either way.

My thoughts here are that we are in a topping zone and will rollover soon.  Yesterday when we hit the FP on the SPY I suggested that we might not see any bigger move down until Thursday as I think we need some "news" to get the market going to the downside, and there's "market moving" news on that day.  So today could be a lot more chop as the bulls keep looking higher and the bears go to sleep.

Tops are usually drawn out and don't rollover quickly while bottoms are commonly fast as right after they get all the bulls to sell they trap the bears and squeeze them hard and fast.  Unfortunately for tops they don't work that way.  They take forever it seems to finally rollover, which is why the first bigger move down usually happens from some news event as no one wants to take the blame for a pullback.

Picking the exact day of a top is easy but I still think we are in a topping week where we won't go up too much farther before rolling over.  I thought we topped yesterday but it's right back up at that level again today, challenging that high.  I don't know yet if they go a little higher or not but I'm still looking for a 10-12% pullback into mid-June.

If this goes up the rest of this week and proves me wrong then I'll exit my shorts and take the loss.  That's part of trading, as losses do happen.  But, until this happens I'm happy to be short even if I missed the exact top by a little.  I play the bigger move which I'm still expecting to happen into June.

ES Morning Update April 19th 2016

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Target area finally hit as futures run into resistance.

MACD's overbought again on this 2 hour chart suggesting we rollover near the open.

After over a month now of expecting this target zone to be hit based on a FP on the SPY it's finally here.  So today looks like the best day to start accumulating short positions.  While I'm not expecting it to just fall off a cliff I am expecting a top for the week to be put in today.  The move down might be gradual at first and there should be another attempt back up later today or tomorrow (maybe even Thursday or Friday?), and it should be a lower high.

I'm not sure how far the first move goes down as the "buy the dip" crowd should keep it from dropping too far on the first wave 1 down.  If I had to guess I'd say that 2070 area where the rising trendline comes in at should hold on the first move down.  There's horizontal support in that range as well from about 2070 to 2080, so on the first pullback that should hold.  My thoughts are that we'll pullback to that area and go back up afterwards to make a lower high, which might not be until Wednesday?  Then down again to break the support zone on Thursday where they can blame it on the Jobless Claims number (or something else?).

So I'll be inching into shorts today with the mindset that we are going down from here (with bounces of course) into an expected mid-June low.  I'll go in and out several time between now and then but I'll have a bearish bias from today until then, and/or the new FP is hit (which is about a 10%-12% correction).

ES Morning Update April 18th 2016

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Futures dropped Sunday night before the open to hit the rising trendline of support.

MACD's got oversold and turned back up but look weak on various time frames.  The SPX cash MACD's are just ready to rollover this morning.

This morning it's looking like the market is just about ready to give up the ship and rollover, but today is Monday and that usually means more light volume.  The key for the bears I think is to get that rising trendline of support to break as then we could see a drop to around 2050, but that still doesn't rule out the bulls.  I don't think that will happen until we break 2000, but it's too early to look for that yet.  There still could be one more high coming in the 2090 area on the futures.

The SPX and the SPY are lagging behind the futures a little which could lead to some early selling as their charts bearish currently.  It makes me think they will go down early this morning but we really need to see that rising trendline on the futures break, which is around 2060 right now.  Otherwise the SPX might just gap down, get a quick bounce from the "buy the dipper" crowd and then drop later on to retest that opening gap down and probably make a slightly lower low.  But as long as the 2060 area support on the futures holds the SPX might not drop too far.

Looking at the SPX the first obvious support is from prior tops last week in the 2060 zone, which needs to hold if the bulls want to get closer to the magical 2100 level that they seem to want so badly.  Today I'd lean toward shorting bounces but only for day trades as I don't think this bull is dead yet.  The early move down this week could be retraced back up later this week to make a double top on the SPX of 2087.84 or a move slightly higher or lower.  Meaning the big drop probably doesn't start until we've first pulled back some early this week and then retested last weeks high.

I'm still a cautious bear here though as charts can be (and are) manipulated in favor of the bulls all the time.  So without any sellers stepping up to the plate to break the rising trendline of support on the futures today might just be another "buy the dip" day that puts in the low at the open, rallies some but doesn't take out last weeks' high.  That's what my gut tells me will happen.  So, I think I'll pass on shorting the bounce until I see the bulls a little weaker.  Of course if we do take out the prior high today and hit 2090 something I'd be a bear then for sure.  🙂

ES Morning Update April 15th 2016

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Looking pretty tired up here.  Bulls need to hold this rising trendline around 2060 this morning.

MACD's on the 60 minute chart and 2 hour are pointing down and the 4 and 6 are rolling over as well.  The 60 minute MACD's on the SPX Cash is also rolling over and the Full Stochastic's are pointing down too.

Today might not be the day the bulls make that final squeeze for the 2100 area (about 2090 area on the ES Futures) but we are very close.  Possibly after an early morning dip to hold the 2060 rising support, we'll see some late day move up to the 2100 SPX area for what I think will be our final high of this rally.  Again though, even when we top and rollover there should be another move back up later next week to trick the bulls and bears into thinking a new high is coming.  This move up should make a slightly lower high as explained on yesterday's update.

The other scenario here is that we do NOT make the 2100 area high or next Monday, which then makes me think we won't drop 50-80 point early next week and then run back up late in the week to erase 90-95% of the move down... but instead we dance around early next week pulling back small and then back up again, down some, up some and finally some "clear the stops" bear squeeze late in the week to hit the 2100 area target and get everyone bullish looking for new highs.

So, scenario one is that we tag the 2100 area today or Monday morning then drop 50-80 points early next week and retrace almost all of it to make a wave 1 down and scary (tricky) wave 2 up... leaving the bears sleeping and the bulls trapped for the wave 3 down that should follow the week afterwards.  And scenario two is that we chop mostly sideways with small pullbacks (15-30 points) that get bought back up, then resold until finally "end of next week" fast move up to the 2100 area to end this rally from the 1800 area lows.  After that I'm looking for a 10-12% correction.

In Verizon Strike, Blue-Collar Stress Hits the Sidewalks

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By contrast, the wireless business, which is largely not unionized and where wages and benefits for rank-and-file workers are lower on average, is booming and highly profitable. Over the last few years, Verizon’s wireless business has consistently grown at least 7 percent a year, whereas its wireline business has shrunk slightly — in the last year, about 2 percent.

Striking workers outside a Verizon office in Albany on Wednesday.

At the same time, Verizon’s wireless margins are the highest in the industry. More than 40 cents of every dollar of revenue on the wireless side becomes cash flow.

Verizon’s strategic decisions reflect these diverging fortunes. In the last few years it has reduced investments in its wireline operations, even selling operations in California, Florida and Texas last year for $10.54 billion to Frontier Communications.

“At this point it’s treating wireline as a sort of cash cow rather than something to be invested in heavily, whereas wireless is where the future growth is,” said Jan Dawson, an independent technology analyst for Jackdaw Research.

Verizon has placed a big bet on the future of the wireless business. In 2013, Verizon Communications paid $130 billion to take full control of Verizon Wireless, in which it had previously shared ownership with Vodafone of Britain.

Yet these broad trends obscure some of the ways that Verizon could sustain and expand good-paying work even on the wireline side. Foremost is Fios, widely regarded as state of the art when it comes to broadband networks, and which the union and the company agree can serve as a foundation for sustaining desirable jobs.

But Verizon remains ambivalent about Fios. In 2004 the company pledged to lay fiber that could serve as many as 18 million homes. It fulfilled that plan according to its own measure, but has shown little desire in moving much beyond it, leaving several million households with little hope of getting access to the network. Until Verizon announced on Tuesday that it would be making Fios available throughout Boston, it had been several years since the company had committed itself to a major expansion.

Ian Olgeirson, an analyst at the media research firm SNL Kagan, said one reason for this reluctance to expand is that the rising price of television programming has put pressure on margins for video, which makes the economics of the entire fiber optics investment less attractive.

Still, there continues to be great demand for the broadband service, where margins are quite high. And while companies that invest in fiber optics like to see good returns on multiple services rather than just one to justify the expense, Mr. Olgeirson notes that some of Verizon’s competitors have not been deterred by this issue.

“You do see evidence of a little more enthusiasm for the wireline business at AT&T,” Mr. Olgeirson said.

Close to 36,000 Verizon workers on the East Coast have gone on strike after the company and two unions failed to reach an agreement on Wednesday. This is one of the largest strikes in recent years.

Given the potential social benefits of a broadband expansion — in terms of both jobs for those working on the network and opportunity for those using it — many experts see a rationale for a government role in at least nudging the process forward, even if the economics are too challenging for private carriers to undertake on their own. But this has not been forthcoming either.

“The F.C.C. doesn’t have an effective policy to build out broadband in the U.S.,” said Jeffrey Keefe, a professor emeritus at the Rutgers School of Management and Labor Relations, who has studied the telecom industry for decades. “Fios is a state-of-the-art broadband network. The F.C.C. has not provided the appropriate incentives.”

The two unions — the second is the International Brotherhood of Electrical Workers — have made no secret of their intention to also open a political front in the dispute. After the New York City government audited Verizon’s performance in building out its fiber optic network there, union leaders asked the City Council to hold hearings.

The unions also procured a letter from 14 mayors about the fiber optic issue and one from 20 United States senators urging Verizon to act as a “responsible corporate citizen” and negotiate fairly with its workers.

“The purposes of the strike are to build public support for the workers and to put pressure on the politicians and the regulators to put pressure on Verizon to settle this thing,” Professor Keefe said.

Even as the unions seek to build support from outside, they argue internally that there are several categories of jobs that could sustain middle-class lifestyles if the company were willing to think about them differently. One of the major points of contention between Verizon and its unions are call centers. The company currently outsources some of its customer service and sales calls to centers in lower-cost regions of the United States, and it is proposing rule changes that would allow it to do more of this.

But the cost savings that outsourced call centers appear to offer often prove illusory. Rosemary Batt, a professor at the ILR School of Cornell University who has extensively studied the moving of service work to call centers, says turnover is lower and performance and customer satisfaction are substantially higher when the work is done in-house.

“There are real opportunities to increase revenue by bundling and packaging different products,” she said, giving an example. “But you need a more sophisticated work force that’s trained and committed to the company to do that well. Outsourcing is penny-wise but pound-foolish.”

To be sure, the company is hardly oblivious to the good-jobs question. It is not seeking wage concessions, and officials there express genuine enthusiasm at the economic benefits that Fios confers on its workers. Tami Erwin, president of Verizon’s consumer and mass business unit, emphasized in an interview that the Boston expansion would mean a lot of “great high-paying work.”

But despite that expansion, the company’s overall posture does not appear to be intended to pursue a business model that maximizes the number of middle-class incomes it produces. Asked about the possible benefits of keeping call center workers in-house, Ms. Erwin said: “It’s my responsibility to make sure we’ve created an environment where people have the right tools, the right resources. If we do that, it doesn’t matter whether they’re a contractor or an employee.”

Correction: April 13, 2016 An earlier version of this article misstated the day of Verizon’s announcement that it would expand Fios service in Boston. It was Tuesday, not Monday.

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Texas ag chief investigated after ‘Jesus shot’ treatment

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FILE - In this June 18, 2015 file photo, Texas Agricultural Commissioner Sid Miller talks about the state’s plans to repeal a decade-old ban on deep fryers in public school kitchens, in Austin, Texas. Attorney General Ken Paxton has been indicted for allegedly duping investors in a tech startup, and Miller reportedly used tax dollars to travel to obtain a so-called “Jesus shot” supposedly offering long-term relief from pain. So far, fellow Republicans are all but ignoring the troubles. (Eric Gay, File/Associated Press)

AUSTIN, Texas — Public corruption investigators in Texas confirmed Wednesday they are looking into the state’s agriculture chief after allegations arose that he used taxpayer funds to obtain a so-called “Jesus shot” in Oklahoma, an injection marketed as curing pain for life.

Agriculture Commissioner Sid Miller becomes the second high-ranking Texas Republican to come under a criminal investigation since taking office last year. Attorney General Ken Paxton was indicted last summer on two felony counts of securities fraud.

Texas Department of Public Safety Tom Vinger said Miller is under investigation “regarding abuse of official capacity” but did not provide details about the scope.

The investigation comes a month after the Houston Chronicle revealed that Miller used taxpayer money to travel to Oklahoma last year to apparently receive the “Jesus shot” — an anti-inflammatory injection that is supposed to reduce chronic pain.

Miller is a rodeo calf-roper who last year unapologetically shared a Facebook post that suggested using a nuclear bomb on the Muslim population. He reimbursed the state more than $1,000 after being confronted by the newspaper’s findings but has declined to say whether he got the injection during the trip.

A spokesman for Miller criticized a liberal advocacy group, Progress Texas, which filed a formal complaint against Miller in wake of the newspaper report.

“Just because Progress Texas wants to score political points by sensationalizing a complaint that was filed by them doesn’t make it a criminal matter and doesn’t mean that the Texas Rangers have found any wrongdoing,” Miller spokesman Todd Smith said.

The “Jesus shot” reportedly costs $300 and is available only through Dr. John Michael Lonergan, who lost his medical license in Ohio after being convicted of felony health care and mail fraud and tax evasion.

Lyle Kelsey, executive director of the Oklahoma medical board, said Wednesday that state officials have previously raised questions about the Jesus shot and its effectiveness. But he said Lonergan has faced no disciplinary action and continues to have a valid medical license.

“We certainly wish he hadn’t chosen the term he chose to name it,” Kelsey said. “But that in itself isn’t illegal, it’s just embarrassing.”

Republicans have controlled every statewide office in Texas for two decades, and in 2014, Miller and Paxton cruised into office as part of a GOP ticket headlined by Gov. Greg Abbott and Land Commissioner George P. Bush, son of Jeb Bush.

The current Texas Democratic Party is so weak that it didn’t even run an opponent against Miller, who hired shock rocker Ted Nugent as his campaign treasurer and made repealing a ban on deep fryers in public schools one of his first official acts.

“All the facts point to breaking the law,” Progress Texas spokeswoman Lucy Stein said. “As a steward of the people’s money, Sid Miller must be held accountable for abusing his office.”

Earlier this week, the U.S. Securities and Exchange Commission filed accusations of investor fraud against Paxton, who has already pleaded not guilty to criminal charges of duping investors in a tech startup. He has said he won’t resign.

Other top Republican leaders, including Abbott, have consistently refused to comment on the troubles of their fellow state officials.

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News About Obamacare Has Been Bad Lately. How Bad?

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Couples at Evergreen Health Care in Manassas, Va., signing up for Affordable Care Act coverage last November.

Ever since passage of the Affordable Care Act, a fierce debate has been waged over whether the law would work as advertised. While advocates promised that the design of new insurance markets would transform the way consumers buy health insurance, critics warned that the new market would never succeed. Reed Abelson and Margot Sanger-Katz have had front-row seats to the debate, and the two reporters took a few minutes to discuss when — and if — the market would stabilize.

Margot: It’s been a few weeks of bad news about the Obamacare marketplaces. On Friday, we learned that UnitedHealth has decided to pull out of Obamacare marketplaces in two states. The week before, the Blue Cross and Blue Shield Association put out a paper offering not-too-subtle hints that some members were losing money. Reed, you wrote recently about how surprising stasis in the employer insurance market means we can look forward to much smaller Obamacare marketplaces than most people expected when the health law passed. And the parade of struggling start-up insurer companies has extended to Maine’s Community Health Options, one of the co-ops that had long been held up as one of the most successful. Health insurers need to submit their rates to regulators in the next few weeks — or decide to exit markets. Should we be worried about a health insurance apocalypse?

Reed: I think people have a tendency to catastrophize, especially when it comes to Obamacare. UnitedHealth, which is one of the nation’s largest health insurers, has only reluctantly embraced the new market, and the company is always held up as an example of why the sky is falling and why Obamacare is going to crash and burn: If United can’t make it, no one can.

United has only a small fraction of the individual market, but some of the Blues are also struggling. What is most troubling is the fact that many insurers are losing money. You may not sympathize much with the insurance companies — and no one does — but they have to make enough money to pay claims. Do you think those losses are temporary — or a sign that the market is fundamentally unstable and potentially unsustainable?

Margot: I think some of both. It seems clear that some insurers just made pricing mistakes. I’d include a lot of the nonprofit co-op plans that have gone belly up in that category. United may fall in that category, too, in some places. That doesn’t seem to me like a permanent problem. If everyone priced too low, they can just raise their prices in future years, and it’ll be O.K. That’s not great for middle-class people who pay their own premiums, but most people in the exchanges won’t notice a difference because of the way the subsidies work.

These markets also turned out to be more complicated than some insurers expected. Some regulatory choices didn’t go their way. And it does look as if more customers than you might expect are staying enrolled in plans for only part of the year, which makes it hard for the insurers to collect premiums. But I think they’ll probably figure it out.

Reed: But isn’t it a vicious cycle? The big players won’t stay in markets unless they can attract enough customers to make it worth their while. Those who say Obamacare is doomed argue that the premiums are just too high for people who don’t qualify for a subsidy. If you are insured and relatively healthy, you may not feel as if the coverage is a good deal. The deductibles are steep, meaning you end up paying for a lot of your care before you see the first dollar of coverage, and you can’t always see your choice of doctor.

The result is that the market could be too small and therefore too volatile to attract mainstream insurers like United.

How do you solve that?

Margot: Well, it seems clear that you need some competition in every market to keep prices low. But maybe we don’t need the big carriers to play everywhere. As you noted, United barely showed up in the exchanges in the first place, and customers in most markets still have a lot of choices. The Medicaid-managed care plans seem to be having some success in this market, so maybe they will be a big part of the exchange mix.

I also think it’s worth looking at the states where things are going well and the insurers are making money: California, Vermont, Washington. Those state exchanges made some different regulatory choices early on that got more people into the new markets right away, so their markets stabilized more quickly.

Reed: You’re right that you may not need the established players for the market to work. The market may not look the way we thought it would, with the same insurers and same characteristics as the employer market. But one of the reasons insurers are leaving is because of the market’s instability. There’s tremendous churn in this market, with most people switching plans every year to try to find a cheaper alternative.

I’m not sure I know what the business model is for an insurer, if the expectation is that you’re going to keep your customers for only a year. It makes achieving long-term goals like keeping people healthier and focusing on preventive measures much harder because there may be no payoff for the insurer.

Margot: Yes, I think this is one of the contradictions of the Affordable Care Act’s design. The whole idea was that competition between the insurance companies would help to hold down prices, the way it does for, say, electronics or groceries. In order for that system to work, you need people to actually switch plans if their plan starts charging more than the competition. The fact that people are actually switching seems like a sign that this market is functioning as it was designed. But as you point out, all that churn sure makes it hard for an insurer to make money by investing in its customers’ long-term health. But the individual market, pre-Obamacare, also had a lot of churn.

Reed: Yes, there’s always been churn, but the insurers got pretty good at figuring out which people they wanted to insure by turning away the people who were most likely to cost them the most money. They definitely figured out how to make money.

It’s easier to smooth all of this out if you insure more people. Do you think there’s opportunity to see the market increase in size? I know insurers in the early years suffered when some states allowed people to keep their existing plans. Those plans that were grandmothered, as it is called.

Margot: My sense from talking to folks in the industry is that the grandmothered plans really wrecked their early calculations. The Obama administration, responding to a political freakout about people whose plans were getting canceled in 2014, let states keep them for a few more years. The result was that healthy people tended to hold onto their old, cheaper plans, while sick people went to the exchanges. You can see how that might make the exchange market unprofitable for new entrants.

I do think the market size is a bit of a chicken-or-egg question. Your story last week on stability in the employer market did such a good job of laying this out. Everyone (including the Congressional Budget Office) expected that employers would start dropping coverage once the marketplaces were up and running. That didn’t happen. It means that Obamacare has been much less disruptive to the status quo than many people thought. But it also means that the exchange markets are smaller and probably more expensive than people thought, too. If prices keep going up, maybe they’ll never grow much. It certainly seems like everyone is cutting down their long-term estimates for exchange enrollment.

Reed: The other possibility would be to expand the pool of people who qualify for subsidies. Is that a political nonstarter?

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