(Filing bankruptcy) What is the function of a structured settlement honestly, and can I get rid of it?

March 15th, 2010 admin Posted in finance | No Comments »

By Johnathan Grover

  Have you seen the ads for your structured settlement? They all try to get you to sell your settlement. But what exactly is selling your structured settlement?

Structured settlements usually come from legal actions where money is awarded to one of the participants in the case. The settlement, if large enough, usually gets structured and is paid out over a pre-determined time. But what if you won a case and you needed the money now?

That is when you would consider selling your structured settlement. Now at first this could sound like a good idea but there are many considerations you need to take in to account before doing this. You will have to do some research.

In some states you will have to get the court’s permission to sell your settlement. There are also tax implications to be considered. In some cases you won’t be taxed if you wait for the money to pay out but when you sell the structured settlement you will have to pay tax.

The reason these lump sums are structured in this way is sometimes not so bad. It protects your money for you and other people that want to get their hands on it. If you need the money to live it is probably not a good idea to sell the settlement. If you don’t really need the money you could get it quicker and do something else with it like starting a business.
The important thing to remember when dealing with any financial decisions is to get good, sound advice from an advisor you trust. Don’t just take anybody’s word for it. The better you do your research, the better your chances are to not lose your money.

I know that the legal system can sometimes seem over protective but if you stepped back, and think with your head, you might see the reasoning behind it and realise that all laws are there to protect you.

I am a legal expert that deals with Financial Legal Issues on a daily baisis.I am a legal expert that deals with Financial Legal Issues on a daily basis. I write for various blogs that deal with these types of issues. Please read my article on structured settlement payouts.


The Necessity for Keeping Records

By Jonathan Rojas

  When you decided to start your business, was your first priority concerned with setting up your filing system for recording your expenses? I seriously doubt it. This simple task (yes it is simple) is usually the item that is the last thing on the new business owner’s mind. The more “important” issues of what product to sell, how am I going to advertise, how much money is it going to cost me, and how much money can I make are the first questions we consider when going into business.

The task of recordkeeping is usually procrastinated until the very last minute, when it is required. It is time to file your tax return, or time to go to the bank to get a loan for the business and the banker wants to see some financial records for the business. This can be a very daunting and cumbersome task if you have to dig through receipts and expenses for the whole year! No wonder we hate keeping records. That’s no fun!

Well, guess what? If you aren’t keeping good, timely, and up-to-date records monthly, you don’t need to be in business. That’s right. I said it. Here are the top five reasons why I truly believe this statement.

1. Lost tax deductions = Lost Money If you are throwing your receipts in a shoebox each month and not keeping an organized record of your income and expenses, I can bet you money that you are losing out on some major tax deductions. A smart businessperson keeps track of her income (cash in) and expenses (cash out) monthly, sometimes even weekly. You do not need a fancy accounting software package to do this. You don’t even need a computer! Simply keep a journal monthly and log in all of your receipts and invoices, and there you have it.

2. High CPA/Tax Preparer Fees = Lost Money I can speak from personal experience, that if you bring in that shoebox of receipts for the year and expect your tax preparer to record and properly deduct your business expenses on your tax return, you are sadly mistaken. Tax season is the busiest time of year for these professionals. If you expect them to do your bookkeeping and recordkeeping as well, expect to pay for it. They don’t have the time, or the desire to make sure that every receipt is accounted for. As a businessperson, it is your responsibility to make sure they are given the right totals and you can trace it right back to your tax return.

3. Too much time spent looking for receipts The time you spend looking for a past receipt for a particular purchase for whatever reason, you can be utilizing this time in advertising your business or producing your product. These are important money generating activities that you are sacrificing due to your lack of recordkeeping.

4. No financial statements Every business owner should review at least the profit and loss statement (income statement) for their business MONTHLY. This important piece of paper tells you if you are making money or losing money. How can you possibly run your business and make a profit if you are not analyzing your sales and expenses continuously? A good recordkeeping system will allow you to have this information at your fingertips.

5. No need for expensive accounting software If you are just starting your business, or are a small business owner, you more than likely do not need software to prepare your books. A simple journal that is kept monthly of your income and expenses is all you need. At a glance, you will know how your business performed for that particular month.

As a business owner, you need to realize the importance of a good recordkeeping system. This should also be a task that the business owner performs for at least three to six months before delegating the job to someone else. You will be able to run your business more effectively, determine possible cycles in the business year, and know where your money is going. Your business will be much more successful if you keep a simple recordkeeping system.

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Keeping Positive During A Divorce

By Jim Pullara

  If you are someone that is facing a divorce, you may be feeling very depressed or emotionally in distress. These feelings are very normal. You cannot predict what is going to happen when you get married. Some marriages work and others do not. It is important to understand that this is not the end of the world and things like this happen all the time.

You are not a bad person because you are getting a divorce. If you and your spouse cannot longer get along, there is no reason to live together in a situation that makes you unhappy. You need to worry about your future and the well being of yourself and your children if any. Sometimes a divorce can be avoided with the right consoling and other times, there is just no hope.

You have to keep positive when you are going through a divorce. You cannot let yourself be taken down by what is happening around you. If you are being accused of untruthful accusations, you have to keep strong so that you can defend your name and your reputation.

Do not give up. You have to be able to fight for what you think is right until the end. If you are determined to get something that is rightfully yours, you need to stand up for it. Getting what you want in a divorce is not always possible, but you do have to keep up a good fight for it. You have to make sure that you are doing this so that you can keep up your positive attitude about what it going on.

Keep yourself surrounded by others that are positive as well. Keeping your friends and family around you is important. You need to keep having fun and laughing when you can. This will keep you in a positive atmosphere and keep you ready for what is ahead.

Once the divorce is over and done with no matter what the outcome, you have to be ready to go on with your life. You need to be ready to get on with your future and to make your dreams come true. Your life is not over even if you think that it is. There are always second chances and you deserve to have one. Your time will come for love again and if it does not, you will know that you are better off without the other spouse. You can make it on your own and have a good life.

I have been through a divorce and it sure was a mess. With these tips and advice it makes things so much easier to deal with. Feel free to visit http://5df17b-cwqlxmw3nohiikhweou.hop.clickbank.net/?tid=JB5JGQTQ for more tips and advice and while there be sure to get your free 6 day mini-course

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A Look at International Money Transfers (bankruptcy records)

March 13th, 2010 admin Posted in finance | No Comments »

By Dillon Norris

  International Money transfer is an essential part of your international move and/or business, which, if handled correctly can boost your bottom line or settling funds dramatically. Anybody looking to move overseas, send money to family or conduct business with an overseas company will need to purchase or transact in the destination currency. In order to complete any property acquisition ahead of your move or just simply transfer your existing assets over to your new country, the method you choose will make a big difference.

In today’s volatile currency markets, a small change in the currency rates, coupled with the high commission charged by most banks can make an enormous difference in the net currency amount received when converting your currency, you are placing what is possibly your life savings into someone else’s hands. Depending on the size of transaction, this could make a tangible difference of several thousand dollars; money you may prefer to put towards starting your new life! This can leave you exposed to the market fluctuations and could give you a handsome boost to your funds or put a big hole in your budget.

To start with you have several choices how you move your money:

1. Use your normal Bank and accept the charges and the fact that you may not be talking to an expert when you discuss the transfer.

2. Use a specialist international currency transfer company

3. Use a normal money transfer agent (again accept the charges)

4. Buy a huge amount of traveler’s cheques or take cash (not recommended)!!!

Lets discuss each one with a bit more detail:

Possibly the most important piece of advice I was given when emigrating was that the high street banks were not the best people to entrust with your money transfer overseas. How do you know that the bank teller has any idea what you are talking about (not being belittling but it probably isn’t an everyday service)? They charge commissions, transfer fees and then to cap it all off they give a reduced exchange rate.

Essentially, the high street money transfer agencies are similar to the banks. They may know more about the transactions but will hit you with commissions, charges and not the best rates.

Travellers cheques and cash speak for themselves - don’t do it! They are easily lost/stolen, some countries only allow a limited amount of cash to be carried into the country and in the case of travelers cheques, you may have to pay to buy them and then to cash them in. Just plain don’t do it!!!!

Last, but not least, it’s the international currency transfer companies. I had no idea that international currency transfer specialists even existed, never mind the exceptional services on offer.

Naturally, securing the very best rate of exchange becomes all important. There are several money transfer companies that offer an alternative to the banks - in fact “alternative” is too weak, they outclass the banks by a mile! When we first heard about the services on offer it really did seem to be too good to be true and we were very skeptical. We thoroughly researched the major high street banks in the UK and the rates they were offering (adding the fees and commissions!) and then compared to the service we were offered. Again, there had to be a catch.

The transfer company had no commissions, transfer fees and also gave a rate that was close to 3 cents to the pound better than the banks. All the funds would be transferred electronically to the bank account of our choice normally within 2 working days. We were even offered a choice of payment methods which included direct debits/debit cards/electronic wire transfers and the ability to “book” a rate in advance for a small deposit and then pay the balance prior to the contracted transfer date.

We had to find out how these people could offer such a service so quite bluntly asked. The answer was very simple. This was a dedicated, specialist company that dealt on the Forex markets in large volumes - this meant that there would be a low profit margin on each individual deal but the overall volume made it worth while. Because they are a specialist company, they could pass on the savings to their customers and the use of modern, electronic transfers ensured the costs were low with no need to pass them on to us! A true Win-Win situation.

The other added bonus is that these people are dedicated foreign exchange experts who research the markets and accurately forecast the trends and can advise action accordingly. If it makes sense to “book” a rate for settlement up to 2 years ahead then that will be recommended - you pay a deposit and commit to the deal and then they buy the currency at the agreed rate of the day. They hold the currency on your behalf and then at the agreed date you pay the balance and the money is transferred. This protects you against fluctuations and allows you to budget accurately.

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Aliens and U.S. Citizens Living Abroad Filing Taxes (bankruptcy)

March 13th, 2010 admin Posted in finance | No Comments »

By Roberto Garabell

  United States citizens, as well as people classified as resident aliens, are liable for U.S. income taxes, irrespective of where in the world the income is earned or where they are living. Simply put, it you are a citizen or resident alien living abroad, you must comply with the same filing requirements that you would face if you lived in the U.S. However, there are certain benefits that may accrue in special circumstances, in addition to the many areas that require your careful attention as usual.

For example, depending on your specific situation and filing requirements, you might be allowed to exclude a certain, limited part of your foreign income. You might also find that your housing costs can be deducted from your gross income, excluded or otherwise reduced. If you find that you are eligible for either, to claim them you have to file a return that includes Form 2555, Foreign Earned Income. To get the exclusion only, you might use the shorter Form 2555-EZ instead, which is called, sensibly enough, Foreign Earned Income Exclusion.

Other credits and deductions

It may be possible to get a tax credit, or an itemized deduction, to cover any foreign taxes you pay on your income. Interestingly, since the Constitution gives treaties a special standing in law, various tax treaties and conventions to which the U.S. is a signatory (along with many foreign nations) offer opportunities to reduce foreign tax liabilities. The requirements and legal issues can be complex at times, so when things begin to get complicated, you might consider consulting an expert in this kind of tax law.

You can also get the answers you need to most questions of this kind from the IRS itself. The IRS publishes thousands of guides for taxpayers, and Publications 54, 514 and 901 - Tax Guide for U.S. Citizens and Resident Aliens Abroad, Foreign Tax Credit for Individuals and U.S. Tax Treaties, respectively - provide copious amounts of information concerning how to treat foreign income, understand the foreign tax credit and discover how tax treaties may benefit you in your particular situation.

Filing requirements

For resident aliens in foreign countries, as well as American citizens living abroad, the filing requirements are essentially the same as if they were living in the U.S. To find out if you have to file, you consider the same things wherever you are living - namely, filing status, your age, gross income from all sources and your dependent status (being claimed by another taxpayer on his or her return).

When determining if you meet the gross income requirement, make sure to include all the income you receive, from both foreign and U.S. sources. This is required even if that income gets paid in foreign currency, the foreign country where you are living taxes the income or the income can (later) be excluded with the foreign earned income exclusion.

Self-employed people

If you are self-employed you must file a U.S. tax return if you earn at least $400 in net profits from self-employment, and your age is irrelevant. These net earnings from your self-employment must include all income, whether it is earned in a foreign nation or in the United States. Even if you earn it all in a foreign country, or it is all excludable as foreign earned income when calculating your tax, you still have to pay self-employment tax on the income.

Deadlines, penalties, exceptions

If you are like the majority of tax filers, you will be using the calendar year as the tax year and will therefore have the usual April 15 deadline for filing taxes on the preceding year. You can apply for an extension just as if you were living in the States, but you will have to remit the tax you estimate is due when you file the Form 4868 extension request. In fact, in the overwhelming majority of instances you will be subject to the same filing requirements, deadlines, penalties and interest as citizens and resident aliens filing in the U.S.

There are a number of special situations that arise with armed service personnel, some civilian government employees and others. You need to review the IRS publications that pertain to your particular circumstances, beginning with the three main guidebooks mentioned previously. If you have difficulty determining the correct course of action, you should definitely acquire the services of a tax professional with specific, recent experience dealing with resident aliens and U.S. citizens living abroad. Filing taxes is a serious undertaking, and more than most activities in life, it benefits you greatly to get things right the first time. Don’t proceed if you are uncertain, as it will cost you much more that way than doing it correctly with professional assistance.

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A Look at International Money Transfers

By Dillon Norris

  International Money transfer is an essential part of your international move and/or business, which, if handled correctly can boost your bottom line or settling funds dramatically. Anybody looking to move overseas, send money to family or conduct business with an overseas company will need to purchase or transact in the destination currency. In order to complete any property acquisition ahead of your move or just simply transfer your existing assets over to your new country, the method you choose will make a big difference.

In today’s volatile currency markets, a small change in the currency rates, coupled with the high commission charged by most banks can make an enormous difference in the net currency amount received when converting your currency, you are placing what is possibly your life savings into someone else’s hands. Depending on the size of transaction, this could make a tangible difference of several thousand dollars; money you may prefer to put towards starting your new life! This can leave you exposed to the market fluctuations and could give you a handsome boost to your funds or put a big hole in your budget.

To start with you have several choices how you move your money:

1. Use your normal Bank and accept the charges and the fact that you may not be talking to an expert when you discuss the transfer.

2. Use a specialist international currency transfer company

3. Use a normal money transfer agent (again accept the charges)

4. Buy a huge amount of traveler’s cheques or take cash (not recommended)!!!

Lets discuss each one with a bit more detail:

Possibly the most important piece of advice I was given when emigrating was that the high street banks were not the best people to entrust with your money transfer overseas. How do you know that the bank teller has any idea what you are talking about (not being belittling but it probably isn’t an everyday service)? They charge commissions, transfer fees and then to cap it all off they give a reduced exchange rate.

Essentially, the high street money transfer agencies are similar to the banks. They may know more about the transactions but will hit you with commissions, charges and not the best rates.

Travellers cheques and cash speak for themselves - don’t do it! They are easily lost/stolen, some countries only allow a limited amount of cash to be carried into the country and in the case of travelers cheques, you may have to pay to buy them and then to cash them in. Just plain don’t do it!!!!

Last, but not least, it’s the international currency transfer companies. I had no idea that international currency transfer specialists even existed, never mind the exceptional services on offer.

Naturally, securing the very best rate of exchange becomes all important. There are several money transfer companies that offer an alternative to the banks - in fact “alternative” is too weak, they outclass the banks by a mile! When we first heard about the services on offer it really did seem to be too good to be true and we were very skeptical. We thoroughly researched the major high street banks in the UK and the rates they were offering (adding the fees and commissions!) and then compared to the service we were offered. Again, there had to be a catch.

The transfer company had no commissions, transfer fees and also gave a rate that was close to 3 cents to the pound better than the banks. All the funds would be transferred electronically to the bank account of our choice normally within 2 working days. We were even offered a choice of payment methods which included direct debits/debit cards/electronic wire transfers and the ability to “book” a rate in advance for a small deposit and then pay the balance prior to the contracted transfer date.

We had to find out how these people could offer such a service so quite bluntly asked. The answer was very simple. This was a dedicated, specialist company that dealt on the Forex markets in large volumes - this meant that there would be a low profit margin on each individual deal but the overall volume made it worth while. Because they are a specialist company, they could pass on the savings to their customers and the use of modern, electronic transfers ensured the costs were low with no need to pass them on to us! A true Win-Win situation.

The other added bonus is that these people are dedicated foreign exchange experts who research the markets and accurately forecast the trends and can advise action accordingly. If it makes sense to “book” a rate for settlement up to 2 years ahead then that will be recommended - you pay a deposit and commit to the deal and then they buy the currency at the agreed rate of the day. They hold the currency on your behalf and then at the agreed date you pay the balance and the money is transferred. This protects you against fluctuations and allows you to budget accurately.

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(Bankruptcy lawyer) Before You Decide to Get a Payday Cash Advance

March 12th, 2010 admin Posted in finance | No Comments »

By Dillon Norris

  A quick and convenient way to fulfill the cash needs between paydays is a loan or payday cash advance. These amounts are automatically deposited and withdrawn in the checking account on mutually agreed dates. Payday cash advance is a tool is a tool for short-term cash management. These types of loans are not made for long-term financial problems but actually for short-term financial crisis or finance requirement.

Payday cash advance has started to provide many facilities. The moneylenders provide such type of loans online and also offer complete efficient help. This customer help reduces the turn-around time for loan approval and is present 24/7. The turnaround time for loan approval is usually 24 hours and the money gets deposited in the checking account immediately if the loan is approved. These loans do not require any credit history such as poor credit, slow credit or bad credit. Once the loan is approved payday cash advance can be availed anytime.

The procedure for online application is also very simple and easy. The pre-approved cash advance application is reviewed within minutes. The moneylender informs the loan to the customer by phone or email as an approval for payday cash advance. Thus it reduces the paperwork by the customer who avails payday cash advance.

Payday cash advance can be required by almost anyone during his lifetime. It is an easy way to cover the sudden requirement or any emergency in one’s life. This loan is helping thousands of people to make it their next payday. The amount of loan be it $100 or $500 is given in a hassle free manner. The interest rate varies amongst the lenders. It may be $10 for per $100 or $15 per $100. the only bare minimum requirement is a regular job and a checking account. Once this bare minimum requirement is fulfilled availing low cost payday cash advance is a simple and quick job.

To determine if payday cash advance is good or bad many arguments can be presented in for or against the subject. IT actually depends upon the purpose for which payday cash advance has been availed. If we look at the positive aspect of the subject matter then this is the easiest and the quickest loans that is available to a consumer. It is a hassle free loan as against tedious, time-consuming bank loans, which need endless paperwork. Even after the paperwork there is no assurance that the bank would approve the loan where as once the necessary details are provided online the approval or disapproval is granted within 24 hours. If the loan is approved then the money is also deposited within 24 hours in the checking account.

The biggest drawback of the payday cash advance is that they carry enormous interest rates. Further many interest companies do not put up their interest rates openly. They charge interest as per each case. Thus there is not transparency in the accounts or to the consumer either. There are various other institutions that provide better interest rates against their loans and are pretty competitive to payday cash advance loans.

Further the moneylenders deposit the money in the checking account after deducting their fee. Thus the money deposited in the account is less than the actual amount availed but the interest is levied on the full principal amount. Thus as an inference it can be concluded that availing payday cash advance loans is an expensive bargain and should be availed in case of dire necessities when there is Hobson’s choice or availing a loan.

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The Value of Store and Gasoline Credit Cards

By Raul Levine

  If you are attempting to rebuild damaged credit, department and gas station credit cards may be a good solution. As opposed to bank credit cards, gas and department store cards are easier to be approved for and even if your credit is damaged, you may qualify. It is very important to use them solely for the purpose of rebuilding your credit. If you overspend or misuse the cards you could easily wind up with credit difficulties again.

After you apply and are approved for a gas or department store credit card, you should make only limited purchases and pay your balance in full each month. These types of credit cards generally have a higher interest rate and letting your balance increase steadily can cost you a lot of money in interest charges. Make sure you pay on time, in full each month and if you feel as if you have waited too long to mail your payment, go to the customer service department in the store and pay your bill in person. Keep in mind that just because these types of credit cards are easier to be approved for, this does not mean you should apply for many of them. When lenders look at your credit report and see numerous open credit accounts, they will look less favorably upon your request for more credit.

Once you have established a payment history with your gas and department store credit cards, you will have to decide whether or not it is in your best interest to keep the cards. If you have built up your credit sufficiently, you would be better off closing these accounts and using a bank issued credit card with a lower interest rate to make these same purchases. Many people think of only purchasing gas with a gas station credit card, but the fact is these cards can be used for repairs if your car breaks unexpectedly or you can use the card to purchase snacks and meals while traveling as most gas stations in remote locations have restaurants or fast food establishments located inside. Gas station credit card may also give you rewards such as discounts on travel, hotels, car rentals, and insurance.

Department store credit cards can provide you with benefits as well. Department stores generally carry a wide range of merchandise. Appliances, house wares, tools, clothing, cosmetics, and jewelry are just a few of the items you can find inside most major department stores. Holiday purchases can be made with a department store credit cards as well as necessary items for special occasions and gift giving. Remember to keep your spending manageable and pay your balance in full each month. Higher interest rates that typically accompany gas station and department store credit cards can really add up if you do not monitor your spending carefully. The point is to rebuild your credit, not to incur more debt that you cannot afford to repay.

Department store and gas station credit cards can be very beneficial to your quest to rebuild your credit. Make sure you do not get carried away with your spending. Your credit report will reflect your efforts in a relatively short period of time and your credit score will rise with each timely payment you make. Without a good credit report it is extremely difficult to obtain a mortgage or new car loan. Use your credit cards wisely and do not charge more than you can afford to repay each month. Gas station and department store credit cards are a great way to begin rebuilding damaged credit.

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A Closer Look at the Uranium Bull Market

By Dillon Norris

  In light of Toshiba’s recent proposed acquisition of Westinghouse Electric from the government-owned British Nuclear Fuels (BNFL), historians may be reminded of former Westinghouse Chairman Robert Kirby’s litigious international outcry and prolonged battle over secretive and illegal price manipulation by a global uranium cartel. In the 1970s, Westinghouse, determined to capture the world market of building nuclear reactors, offered dirt-cheap nuclear fuel as part of its incentive to get sales from utility companies. The company’s 27 utility customers had locked in agreements with Westinghouse to provide them with 65 million pounds of U3O8 over the next twenty years, well into the 1990s. Those contracts set off one of the most curious legal battles of the 1970’s, ultimately reducing Westinghouse to a shell of the powerhouse it once was.

In recent weeks, Toshiba (London Stock Exchange: TOS; Tokyo Stock Exchange Ticker Code: 6502) has been strongly criticized for the Westinghouse acquisition, and may sell as much as 49 percent of the deal to two other Japanese firms and a smaller stake to an American firm. Toshiba’s CFO, Sadazumi Ryu said the company would pay for some of its acquisition costs within three years out of current cash flow plus float debt to about 115 percent of equity. Will Toshiba repeat the mistakes made by Westinghouse in the mid 1970s during the last uranium bull market?

Today, Toshiba aims its sights on the lucrative Chinese nuclear energy market, which on the surface appears more ambitious than the U.S. civilian nuclear program of the 1970’s. Toshiba wants to be a major beneficiary of China’s aggressive plans to expand the country’s nuclear energy program. And why not? Uranium prices have soared the past few years. Spot uranium rocketed in 2005 at an even faster degree than in 1975. That was the year when Westinghouse’s Robert Kirby was told by his doctor to not even bother giving up his chain-smoking habit. Things at Westinghouse had gotten that bad.

The head of the Pittsburgh-based conglomerate failed to grasp what was behind the escalating uranium price during the 1970s. His Westinghouse incentive plan sounded great when spot uranium sold for $6/pound. However, at $40/pound, Westinghouse got stuck with potential liabilities of more than $2 billion (1970s dollars) because of his offer to provide the utilities with cheap fuel. By July 1975, Kirby began blaming the world’s uranium cartel, which he believed manipulated the spot price higher to piggyback his company’s development plans. Across from Kirby’s offices in Pittsburgh’s Golden Triangle were the offices of Gulf Oil, a uranium supplier, whom he believed to be a member of the uranium cartel. By September 1975, Westinghouse announced a shortfall of 25,000 metric tons of uranium, and claimed “commercial impracticability” in honoring its nuclear fuel commitments to the 27 utilities. And the lawsuits began.

According to a special report in the Pittsburgh Post-Gazette, Kirby’s “suspicions heightened when, in late 1976, he received copies of documents suggesting Gulf and 28 other suppliers had conspired to form a cartel to keep Westinghouse out of the uranium business.” The documents were the minutes of a private meeting of uranium suppliers held in Australia. In a bizarre twist of fate, the whistleblower came in the form of Friends of the Earth, which offered Westinghouse additional documents if the nuclear power plant manufacturer would help the environmental group release jailed members in the Philippines. Kirby ran with what he had, ignoring their request, and began a course of intense litigation. The lawsuits were eventually consolidated and heard in a federal district court in Virginia. During the course of the litigation, Westinghouse took its grievances to London’s House of Lords, setting international case law about the discovery process in litigations.

What really happened in the 1970’s?

Kirby and Westinghouse were caught up in an international trade dispute, during a world revival of the uranium market. Uranium prices had collapsed in December 1959 when the U.S. government placed an embargo on the purchase of foreign uranium for domestic purposes. The embargo came after the nuclear weapons build-up of the 1950s had peaked. In 1959 alone, the U.S. bought 20,000 metric tonnes of uranium for the country’s weapon procurement program, about 61 percent from Canada. Within a week after the embargo, global uranium prices fell by 75 percent. Twenty-four out of the 28 Canadian uranium producers and processors left the business.

Two Canadian crown corporations remained with viable uranium assets to mine and sell. Eldorado Mining and Refining Ltd had stakes in mines at Port Radium, Key Lake and Rabbit Lake. The provincially owned Saskatchewan Mining Development Corporation owned had stakes in Key Lake, Cluff Lake and Down Lake. Before 1942, Eldorado Mining (later re-named El Dorado Nuclear Ltd) had been a privately owned radium company, which in that year was taken over by the Canadian government and made into a crown corporation. During World War II and for the next decade, the company’s raison d’etre was to produce uranium for the U.S. and U.K. nuclear weapons programs.

By 1956, both countries looked elsewhere for their uranium. By 1965, Canada’s production plummeted to 3,000 tonnes from a peak of 12, 000 tonnes annum in 1959. Canada’s uranium exploration came to a standstill, and only three mines remained operational. Boom town Elliot Lake became a ghost town. Lacking buyers, a self-serving Canadian Prime Minister Lester Pearson announced in 1965 that Canada’s exported uranium would only “be used for peaceful purposes only.” Nearly a year earlier, the U.S. government had banned the enrichment of foreign uranium for domestic use, pre-empting any newsworthy value to Pearson’s announcement.

Between 1964 and 1967, more than sixty nuclear reactors were ordered for the U.S. civilian nuclear energy program. Westinghouse’s newly designed light-water reactor created excitement within the industry. During that time, Canadian uranium exploration was taken out of mothballs and production resumed. Hardball shenanigans in Washington kept the uranium ban intact, and global uranium prices reached an all-time nadir of $4/pound. Canada was shut out of the U.S. nuclear fuel cycle market, and Ottawa was forced to stockpile a reported $100 million of uranium during the Nixon presidential administration. By late 1971, Prime Minister Trudeau’s cabinet had reached the end of their rope failing at every step to remove the ban by diplomatic means.

News reports suggest a number of uranium-heavy countries held an initial meeting in Paris in February 1972 to establish a uranium-producer’s alliance, in essence a de facto uranium cartel. Others suggest it was formed in April 1972, after the Canadian government reportedly gave its blessing. Canadian author Gordon Edwards (Canada’s Nuclear History) bluntly wrote, “The purpose of the cartel was to secretly manipulate world uranium prices using a phony bidding system. Hidden quotas were established by representatives from Canada, France, Australia, South Africa and Rio Tinto Zinc (London Stock Exchange: RIO).” Namibia and Niger were also included in the alliance, as was Gulf Oil, at least according to Robert Kirby of Westinghouse.

When the U.S. government re-affirmed its trade embargo in March of that year, a subsequent uranium cartel meeting took place in Johannesburg, South Africa in May 1972. At an Ottawa conference on May 28, 1972, it was reported that Jack Austin, then deputy minister of energy, voiced his concern the cartel could be considered illegal under Canadian law. Nonetheless, the politicians gave the uranium cartel a green light.

The alleged price manipulation was paying off. In 1973, the spot uranium price doubled. By 1976, it doubled again and stayed above $40/pound for nearly four years. It was around that time the alleged cartel disbanded to avoid international anti-trust laws, which Westinghouse was arguing after unleashing a tsunami of litigation. Westinghouse was desperate to escape its liability over the promise of cheap uranium to utilities. In March 1976, the U.S. Department of Justice began investigating possible infringements of U.S. anti-trust laws by the alliance of uranium producers. By mid 1977, a federal grand jury had been formed to pursue the investigations and possibly initiate criminal proceedings.

In a letter dated July 12, 1977, the U.S. Attorney-General wrote to the U.S. District Attorney for the Eastern District of Virginia, explaining the quandary this international episode had caused and discussed invoking immunity to obtain witnesses who would talk about the alleged conspiracy:

“These persons are not likely to come within the personal jurisdiction of the United States courts so long as the Department of Justice continues a sitting grand jury investigation of the international uranium industry; (3) These persons are British subjects and we have determined that it is highly unlikely that their testimony could be obtained through existing arrangements for law enforcement co-operation between the United States and the United Kingdom; (4) The Department of Justice has been largely unable to obtain information from these foreign persons about the subject matter of this investigation…”

By mid 1978, Westinghouse Electric’s complaint against Rio Tinto Zinc in the United Kingdom floundered in that country’s court system. Obtaining evidence in England was markedly different from the U.S. style of depositions.

Conclusion

During this litigious period, Westinghouse settled with several utilities, but continued to pursue the lawsuits. By 1979, Judge Merhige in the U.S. District Court for the Eastern District of Virginia, Richmond Division, ordered Westinghouse and the utilities to equitably resolve their differences. Westinghouse agreed to concessions that ultimately cost the company nearly $1 billion, but locked up the utilities as long-term customers by providing parts and engineering services for up to 25 years. In quiet out-of-court settlements, the uranium suppliers paid Westinghouse nearly $100 million and supplied the company with uranium.

Besides, there was another cartel in the 1970’s, which posed a far greater risk to the developed nations. From the oil embargo, which began 1973 and throughout the decade, the OPEC oil cartel overshadowed the tiny uranium cartel. Saudi King Faisal’s “oil sword” had a far greater impact on the energy climate, Gross Domestic Product, inflation and quality of lifestyles, than an anxious alliance of uranium producers trying to meet production costs and peddle stockpiled inventory at higher prices. Not only was the oil crisis a more serious affair, but another un-related episode tanked the price of uranium.

Just as the decade was coming to a close, on March 28, 1979, a water pump broke down at the Three Mile Island nuclear plant, about ten miles southeast of the Pennsylvania state capital. It was an unexpected event, heightened Hollywood-style, as the accident coincided with the opening of a new movie called The China Syndrome, starring Jane Fonda, Michael Douglas and Jack Lemmon. In short order, many Americans were persuaded that events within the movie were somehow related to the Three Mile Island event. This was a Hollywood PR man’s dream. Fanning the media flames to capture a larger box office gross, a basically nothing episode (in terms of loss of human life, since no one died from the reactor accident) was transformed into an earth-shattering campaign against the entire nuclear energy industry. Ironically, more died in the movie (one, Jack Lemmon’s character) than as a direct result of the Three Mile Island accident (0 reportedly died).

Hysterical commentary from that era bespoke of a nuclear accident, which would melt down to the earth’s core, as one character in the movie suggested. Unable to distinguish what was movie fiction from scientific reality, the movie’s message left a horrifying memory in the collective minds of the general populace. A general panic followed, and nuclear energy was badly tainted by the accident. As the momentum for building U.S. nuclear power plants came to a grinding halt, overflowing inventories for the raw material to fuel those power plants had once again nullified the uranium exploration and mining sector. It took more than two decades to draw down those built-up uranium inventories, about as long as it has taken for the public to once again accept nuclear energy as a safer, cleaner alternative to fossil-fuel powered electricity.

Why is today’s uranium bull market different? Is the current and spectacular rise in spot uranium prices different today than it was in the early to mid 1970’s, when an alleged uranium cartel reportedly bid up prices to an artificial level? Is that same factor occurring during the current steep rise in the spot price of uranium? Will Toshiba sink into the same quicksand, during the balance of this decade, as Westinghouse Electric once did?

(To Be Continued)

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