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INSIDE HOW TO JUMP-START TOP STORIES AFFORDABLE Why the insider- HOUSING trading scandal BY STEVEN SPINOLA at McKinsey won’t ® easily go away PAGE 9 PAGE 3 Cuomo’s VOL. XXVII, NO. 10 WWW.CRAINSNEWYORK.COM MARCH 7-13, 2011 PRICE: $3.00 Medicaid savings: now the hard part PAGE 2 Hopes, not beams, rise at former movie palace in Flushing PAGE 2 David Barton can’t lift $66M debt load FISHED OUT PAGE 4
Yo! Staten Island says Joseph Sciabarra,owner of Mt.Sinai Fish wants its fair share Rising costs, sinking sales killing off Inc. “They pay rent on 15% of the building.” The wholesalers are in a vise, caught be- of city tourists vendors at the New Fulton Market tween declining sales and rising operation NEW YORK, NEW YORK, P. 6 costs. Since 2004, fish consumption in the New Fulton Fish Market. U.S. has fallen steadily, according to Nation- BY LISA FICKENSCHER The century-old firm is the largest tenant al Fisheries Institute, and the recession exac- of the Hunts Point market and the fourth in as erbated the falloff. LATE LAST MONTH IN THE BRONX, one of the many months to have hit a financial wall.The The result is a crisis for the city-owned city’s oldest and largest seafood wholesalers three previous casualties are gone for good, market, which moved to the Bronx from its filed for Chapter 11 bankruptcy protection. leaving the sprawling facility, which is run as a longtime home in lower Manhattan in 2005. The problems of M. Slavin & Sons Ltd. and cooperative, with a 30% vacancy rate. Some of At that time, the city projected that the $86 its 80-year-old patriarch, Herb Slavin, could the 30 or so remaining tenants fear that Slavin’s million, state-of-the-art, refrigerated facility affect far more than creditors and its 105 misfortune could drag them down, as they would actually help grow business. workers, who fillet fish, drive delivery trucks would have to pick up its share of the rent. “It was overbuilt to give us room for expan- and handle sales at its headquarters in the “If Slavin goes out, that will be a big hurt,” See FULTON FISH MARKET on Page 20 BUSINESS LIVES buck ennis GOTHAM GIGS Fox populi? Not Bronx pol Fixing old denims, by the. seat of his pants P 21 in housing ● ANNE FISHER on an online forum for student so much, lately entrepreneurs P. 21 hullabaloo ● MOVERS & SHAKERS Creating entertainment Cable juggernaut sees ratings slide intensify. Arroyo tried to steer for the small screen P .. 22 It’s hardly alone, as Web passes TV for news ● GAEL GREENE finds $1 HUD foreclosure fleeting joy P .. 23 year-olds declined by 49% in Jan- to campaign funder BY MATTHEW FLAMM uary and 32% in February, accord- ing to Nielsen. IN FEBRUARY, as rebellions spread Stalwarts Bill O’Reilly and Sean BY DANIEL MASSEY wide world photos wide INDEX across the Middle East and Madi- Hannity have also been taking dou- / ap LAST WEEK son, Wis., prime-time ratings ble-digit hits for months. MELTING MOJO: Glenn Beck’s February , tenants at a run-down IN THE MARKETS ______4 spiked on CNN and MSNBC. But while Fox News may be on ratings were down 32% versus a year earlier. 145-unit apartment building for VIEWPOINT ______8 That wasn’t the case at Fox News. the losing end of a news cycle that seniors in the South Bronx cut a
THE INSIDER ______10 The 800-pound gorilla favors international cover- cake to celebrate their new owner,
CLASSIFIEDS ______18 of cable news continues a age—never its strong ternet, and that’s been increasing a Manhattan-based nonprofit ratings slide that started 48% suit—larger trends could steadily for the last couple of years,” housing group that had just HOT JOBS ______21 last spring.Glenn Beck,the VIEWERS aged spell trouble for all cable said Tom Rosenstiel,director of the bought the property’s foreclosed EXECUTIVE MOVES ______21 30 to 49 who network’s fastest-rising star cited the Web as news outlets, according to Pew Research Center’s Project for mortgage for $1, promising to RÉSUMÉ REVIEW ______22 a year ago, has suffered the their primary analysts. Excellence in Journalism.“That is a make $8 million worth of desper- THE WEEK AHEAD ______23 greatest falloff among the news source “We are seeing a move challenge to cable news generally.” ately needed repairs.
WHAT HE’S READING ______23 Fox News talking heads. across the country of peo- The project’s State of the News And they gathered to breathe a His target audience of 25- to 54- ple getting their news from the In- See FOX NEWS on Page 20 sigh of relief that City Council- woman Maria del Carmen Arroyo failed in her efforts to deliver the REPORT SMALL BUSINESS seven-story property—known as Borinquen Court—to a politically Experts exhort: Export! P. 11 Why big banks connected team that did not have are suddenly into small biz lending P. 14 the experience needed to operate it,according to federal housing of- LIST P. 17 ficials.
NEWSPAPER Top conventions and events See BRONX on Page 7 20110307-NEWS--0002,0003-NAT-CCI-CN_-- 3/4/2011 8:06 PM Page 1
IN BRIEF Medicaid cuts’ devilish details NEGOTIATIONS OVER THE MACY’S THANKSGIVING DAY PARADE ROUTE ARE heating up as the city considers whether to keep Hospital Association and 1199 SEIU,who the event on Seventh Avenue for the third year Battle lines form over med-mal reform have in the past successfully killed cuts to straight or to move it to Sixth Avenue. Sources Medicaid reimbursements, are throwing said a meeting last week between city officials even as long-term fixes are ignored their considerable weight behind reform and the Times Square business community this time. On Saturday, they launched a reflected the city’s ambivalence over the route, Thursday afternoon, it had become clear statewide radio and television advertising which in 2009 was moved to Seventh Avenue, BY BARBARA BENSON that Mr. Cuomo will not back down on campaign that urges support of Mr. Cuo- crossing over to Broadway at Times Square. medical malpractice. He has proposed a mo’s effort. The campaign, which a Some nearby businesses stand to lose significant GOV. ANDREW CUOMO pulled off a political $250,000 cap on noneconomic damages GNYHA spokesman labels a “significant revenues if the route is moved again.The city miracle by getting powerful health care in- and an indemnity fund for neurologically buy,” runs for two weeks. and Macy’s declined to comment on the terests to hammer out a package of $2.3 impaired infants. The appropriation lan- There’s a second battle brewing. discussions, though a spokesman for the mayor billion in Medicaid cuts guage cleverly The governor’s Medicaid plan throws confirmed that no decision has been made. and reforms in a blazing links the two com- pharmaceutical manufacturers and pa- seven weeks. ponents, thereby tient groups into a political alliance, unit- TRINITY REAL ESTATE IS NEGOTIATING A DEAL As the package forcing lawmakers ed by proposed restrictions on drugs. In WITH PEARSON PLC UNDER WHICH THE makes its way through to keep both re- 2009, New York state spent $813 million British media giant would move its U.S. the legislative process, forms intact. on drugs whose use is exempt by state law operations on Sixth Avenue into 330 Hudson however, there are al- “This is a tactic from prior authorization. The deep- St., a stalled development property that the ready signs that key ele- where the gover- pocketed drugmakers will fight to keep landlord took back last year after a nasty legal ments could unravel. nor is saying,‘Take the Medicaid pharmaceutical guidelines battle.The discussions could still fall apart, as And while observers re- it or leave it,’ ” said intact. they are in the early stages and the transaction is main hopeful that re- Gary Fitzgerald, complicated. Sources said the deal was especially ductions in Medicaid president of the Punting on eligibility and benefits reform complex because it would mostly likely involve spending will still meet Iroquois Health- SOME OBVIOUS REFORMS never made it into an unspecified developer to complete the former the governor’s target, care Alliance, Mr. Cuomo’s Medicaid proposals, a fact printing facility. A Trinity spokesman declined some structural reforms which represents lawmakers were reminded of at a legisla- to comment, while a Pearson spokeswoman said considered vital to upstate health care tive hearing on Medicaid last week. she wasn’t aware of negotiations. Medicaid’s long-term interests. A Medicaid task force convened by the financial health were Trial lawyers governor,for example,made little attempt NEW YORK UNIVERSITY EXPECTS TO GET A not even addressed. are on the to address two issues considered untouch- GREEN LIGHT FROM THE CITY’S LANDMARKS newscom warpath. Stephen able by New York politicians: peeling Preservation Commission as early as next No backing down Younger, president back Medicaid eligibility and its generous month for its planned landscaping for the Silver THE MOST contentious Cuts and savings of the New York benefits. Towers block, in Greenwich Village. “We are piece of Mr. Cuomo’s State Bar Associa- “One in four New Yorkers are on Med- trying to find ways to make the blocks work Medicaid platform is have earned the tion, is lobbying icaid, and that is a figure that doesn’t seem better for the public and residents,” said Alicia medical malpractice re- the Legislature to right to us,”said Mr.Fitzgerald.State law- Hurley, NYU’s vice president of government form. The state’s hospi- hospitals and reject the med-mal makers should discuss changing eligibility affairs and community engagement. NYU tal lobby has pushed for proposal. guidelines,a policy move that requires fed- intends expand a playground and dog run, and an overhaul unsuccess- unions a key ally: “We’re going to eral approval, he said. restore historic features such as lamps. Ⅲ fully for years. This year, say it is improper With most of the state’s Medicaid pop- after committing to the governor to include proce- ulation concentrated in New York City, $400 million in hospital dural changes in upstate interests believe Medicaid’s op- BY THE NUMBERS cuts and $640 million in how the courts tional benefits should also be slashed. industry-wide Medicaid handle the cases in “We represent large employers upstate, Weekly shift of the city’s economy savings, the hospitals a budget bill,” Mr. and every one of them has had to cut ben- and unions have earned Younger said, efits with higher co-pays and deductibles,” EARLY SPRING Shoppers are buying. Employers themselves a key ally: the governor him- adding that the state’s hospital associations said Mr.Fitzgerald.“My board says they’ve are hiring. Unemployment is falling. Now if only oil prices would stop rising, the outlook would be self. were “given something they wanted so they gone through painful changes to employ- bright indeed. By the time lawyers and health care lob- would go along with Medicaid reform.” ee benefits packages.But the state has done Ⅲ byists finished poring over the bill late For their part, the Greater New York nothing with Medicaid.” newscom 3B 4.4% 8.9% NUMBER of TV RISE in same- JOBLESS RATE shows watched store sales in for the U.S.—the on websites in Feb. from year- lowest in nearly NEIGHBORHOOD JOURNAL Dec., up 96% earlier levels two years versus a year Source: Kantar Retail Source: U.S. earlier Department of Labor Source: comScore Inc.
PAIN AT THE PUMP The price of gas in NYC has been Rental building may be ticket rising steadily for more than two years, and lately, the increases have accelerated. to revival of Flushing RKO site
the theater, or at least to make use of the move forward after so many years of dete- Residents hope third try site,have come and gone.As the years have rioration and neglect,” said Queens Bor- to build on landmarked passed, proposals for the increasingly ough President Helen Marshall in a state- time-ravaged building have morphed from ment. “[The theater] has a rich history theater will work preservation efforts to plans to convert the filled with memories of vaudeville and site into a residential development. classic movies.” Source: Energy Information Administration Now, area residents and officials are BY AMANDA FUNG pinning their hopes on the third major re- All-too-familiar ground ADDICTED TO NUMBERS? development proposal. Last month, Com- THE CAVEAT is the fact that Flushing has GET A DAILY DOSE AT @STATSANDTHECITY FOR MANY PEOPLE in Flushing,Queens,the munity Board 7, which covers Flushing, been down this road before. Two earlier opulent former RKO Keith’s Theatre was approved a plan by Manhattan-based de- owners of the theater failed in their at- vol. xxvii, no. 10, march 7, 2011—Crain’s New York Business (issn more than a local landmark: It was a sec- veloper Patrick Thompson. He wants to tempts to revamp the property. These be- 8756-789x) is published weekly, except for double issues the weeks of July Fourth, Labor Day and Christmas, by Crain Communications ond home. preserve the ornate lobby of the 83-year- gan in 1986, when Queens developer Inc., 711 Third Ave., New York, NY 10017. Periodicals postage paid at Ed Tracey, whose boyhood house was old theater and build a 17-story, 357-unit Thomas Huang bought the already badly New York, N.Y., and additional mailing offices. Postmaster: Send just a block behind the theater, recalls rental apartment building at the site,locat- deteriorated property, planning to convert address changes to: Crain’s New York Business, Circulation Depart- ment, 1155 Gratiot Avenue, Detroit, MI 48207-2912. for subscriber sneaking into the movie palace as a child. ed at the intersection of Main Street and it into a retail complex and hotel. He was service: Call (888) 909-9111. Fax (313) 446-6777.$3.00 a copy, $59.79 And he remembers seeing Star Wars there Northern Boulevard.The projected cost of accused of demolishing landmarked por- one year, $109.79 two years. (GST No. 13676-0444-RT) ©Entire contents copyright 2011 by Crain Communications Inc. 25 years ago, just before the curtain came the project is $160 million. tions of the theater and hit with multiple All rights reserved. down for the last time. “We are delighted that there is a new building violations. In the end, he pleaded Since then, a series of proposals to save and attractive plan for this building to guilty to a misdemeanor and stopped work
2 | Crain’s New York Business | March 7, 2011 20110307-NEWS--0002,0003-NAT-CCI-CN_-- 3/4/2011 8:06 PM Page 2
Power Scandal surge taints for biz Firms rush to help McKinsey as deadline for green building law nears
Ex-CEO’s insider tip-offs put BY MARINE COLE firm’s rep, client roster at risk WITH A MAY 1 DEADLINE looming for New York City landlords to report energy and water usage at their BY AARON ELSTEIN buildings,dozens of firms are scram- bling to help property owners meas- IN NOVEMBER 2008, with the world’s financial system in free ure up. The businesses are hawking fall, Rajat Gupta made some strikingly prescient remarks. THE McKINSEY everything from sophisticated soft- “Every organization is vulnerable to a sudden shock,” the WEIGH: The famed ware tools to hotlines and seminars. former chief of McKinsey & Co.told an audience in Dubai. consulting firm’s Under Local Law 84—part of a many Fortune “There’s only one thing that’s predictable about crises: 1000 clients must package of laws known as the Green- Sooner or later, almost every organization will endure one.” decide if former er, Greater Buildings Plan—the It’s McKinsey’s turn. chief Rajat Gupta’s owners of more than 20,000 buildings The world’s most prestigious management consultancy insider trading was in the city are required to establish the was shaken to its core last week when federal authorities an anomaly. benchmarks for their energy and wa- charged Mr. Gupta with insider trading for giving a hedge ter consumption, with an eye toward fund manager confidential information about Goldman reducing both over time. An online Sachs and Procter & Gamble when he served on their tool, Portfolio Manager, lets owners boards. The allegations came a year after another McKin- track and manage water and energy sey executive pleaded guilty to passing along tips to the same use. Owners of large hedge fund. The cases are devastating for a blue-chip firm buildings must com- 20K+ whose reputation rests not merely on providing corporate ply or face fines. leaders with smart advice but also safeguarding their secrets. Among those NUMBER of buildings in “It’s sickening,” said former McKinsey partner Gary offering help is the New York City MacDougal, now an independent adviser to state govern- nonprofit Urban affected by ments. “For those who know and love the firm, whose lives Green Council, Local Law 84 were transformed by it, this is very, very hard to deal with. which is providing It’s like a death in the family.” free seminars by consultants to edu- McKinsey partners are the high priests of capitalism. cate owners on the finer points of the Armed with PowerPoint presentations, they tell businesses law and the ongoing reporting how to operate more efficiently or tell countries how to act process. more like companies. The terminology pioneered by what “Portfolio Manager is a pretty See McKINSEY SCANDAL on Page 20 straightforward system, but many owners haven’t had any experience
newscom with it,”said Anna Dengler,director of sustainability at Great Forest, a for-profit outfit that is participating in Urban Green’s program. might finally happen here,” said Mr. apartments in the project and what MEZZANINE FUNDING? Tracey,who last year formed Friends affect that will have on the already Somethin’ for nothin’ Even if it is OK’d, the A GOOGLE SEARCH development—which would of the RKO Keith’s,designed to save bustling Flushing community in for “Local Law 84” preserve the theater’s the landmark.The nonprofit folded terms of pedestrian traffic. and “consultant”returned more than lobby—requires financing. after Mr. Thompson bought the “It’s an emotional site,” said 9,000 results,a clear indication of the property and the group realized that Chuck Apelian, vice chairman of business opportunity that many see. taking possession of the building or Community Board 7, who voted Firms including Great Forest, Eco- reviving it as a theater were both im- against the new plans because of his logical and Bright Power are offering possible tasks. concerns over the volume of traffic to help with the reporting—some- “I’m excited that he [plans to the new apartments would generate. times for free,as a door-opener.Great turn] the building into something Next month, in a crucial vote, Forest has set up a free help line to usable,” Mr. Tracey said. the city’s Board of Standards and address building owners’ questions. Appeals will decide whether to ap- “If building managers know us as All about parking prove Mr. Thompson’s planned helpful consultants, they may come MR. THOMPSON hopes to begin con- number of apartments, an increase back to us,” Ms. Dengler said. struction before the end of the year, over the 200 that the BSA had ap- Three-year-old Ecological uses its but his progress depends on getting proved back in 2005 under the own proprietary system to help prop- the necessary approvals and financ- plans submitted by Mr. Boymel- erty owners and managers bench- ing. Since taking over the property, green. mark their energy use as a first step to- he has met with community mem- “There will always be people ward reducing it, along with energy bers about their concerns, ranging who have different viewpoints,” costs. In the past six months, Ecolog- from how much of the old theater Mr.Thompson said of the approval ical has been aggressively pitching its will remain to how many parking process. services through direct mailings and spaces the new building will provide. He does expect the BSA to OK follow-up phone calls to landlords. Responding to community rec- his plans, but notes that after that, The campaign has already paid off.
studio v ommendations, Mr. Thompson he will need to obtain financing to “In the past two months, we’ve added 25 parking spaces to the 360 actually proceed. doubled the number of clients for on the project. minium on its site. When he de- he had proposed. “We are moving forward, and I benchmarking to 300,” said Brian In 2002, then-high-flying faulted on his mortgage, Mr. “We feel that a lot of them will am very confident.” Ⅲ King, president and chief operating Brooklyn developer Shaya Boy- Thompson stepped in, paying Do- be unused,” he said. officer at Ecological. “I expect we’ll melgreen bought the theater and ral Bank $20 million for the loan. Some local representatives are LISTEN to a discussion at double again before the law comes released plans to build a condo- “I am hopeful that something worried about the high number of rk.com/audi CrainsNewYork.com/audioo into effect.” Ⅲ
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David Barton Gym to get IN THE MARKETS spotting help from Chapter 11 by Aaron Elstein
sus a targeted increase of 20%. The company expects to emerge Will partner with “They’ve always been positioned from bankruptcy within four months. cheaper Calif. chain as a high-end, unique offering with “It’s important to note that all an unusual design that is very the- David Barton gyms will continue to No more Swiss miss for UBS? on new ventures atrical,” said Rick Caro, president of serve members as usual,” Mr. Barton, ACK IN 2000, Switzerland’s UBS consulting firm Management Vi- who is also chief executive, said in a BY ADRIANNE PASQUARELLI sion, which follows the fitness club statement.“All of our member agree- made a loud statement about its industry.“They spent a lot of money ments will remain in effect.” ambitions in the U.S. when it AFTER BULKING UP B too fast,David Bar- on atmosphere and environment.” Mr. Barton has formed an al- paid $11 billion to acquire brokerage ton Gym is trying to slim down. The company has three liance with Meridian Sports Club PaineWebber. Unfortunately,the bank The 19-year-old fitness New York locations and California. Meridian, which also chain filed for Chapter 11 uses the name Bodies in Motion, spent the second half of the decade just bankruptcy protection operates 12 health clubs in Califor- trying to survive. last week under the cor- ‘The nia and Hawaii. It also has a lease in UBS was socked by $58 billion in porate name Club Ven- Las Vegas, and under the terms of mostly mortgage-related losses and ture Investments. the partnership, a David Barton The company, known for its cash gym will open in that space in Sep- pink-slipped 20% of its staff.The fancy facilities, is looking to re- tember. The companies plan to Swiss government had to bail it out, structure its debt and is bringing flow is fine; launch two Los Angeles gyms under in a partner. As part of the filing, the same arrangement. while clients fled from its bedrock who joined in 2009 after running David Barton announced that it it’s just a business of managing money for Merrill’s best-in-class brokerage will team up with a lower-priced Good match rich people. Worse, the bank’s repu- business. California-based fitness chain on large debt THEIR DIFFERENT price structures tation was flogged in 2009 when it There are some signs of improve- future ventures. could make the two chains a good was fined $780 million by the U.S. ment. For example, UBS says clients Founder David Barton (right), a load match. David Barton’s membership government to settle charges that it have invested more money than nightclub-scene fixture in the fees are about $150 a month;Merid- helped thousands of American they’ve taken out for three consecu- 1980s, got into trouble with an am- to carry’ ian’s are significantly less. clients use Swiss accounts to evade tive quarters. Still, the division post- bitious retail expansion between “Meridian is more of a medium- U.S. taxes. Criminal charges were ed a pretax loss last year of about $120 2005 and 2009, when retail rents priced club,”said Mr.Caro.“The re- dropped last year—only after 18 million, compared to a $30 million peaked.Two years ago, for example, sources of the two companies might months of probation. profit in 2009. Exact comparisons the chain opened a 40,000-square- three outposts—in Chicago, Miami be shared so that there might be no But UBS is showing signs of with Merrill aren’t possible, but foot location at 4 Astor Place. and Bellevue, Wash. It said all opera- need to have two sets of back office, crawling out of the abyss.Client de- BofA’s global wealth management tions will remain open. if they decide to really get together.” fections have receded, and a new division generated $2.4 billion in High-end offering “The cash flow is fine; it’s just a Other gyms have filed for bank- regime is beginning to rebuild the pretax income last year. (The chief THE COMPANY ran up a debt load of large debt load to carry,” said Rivian ruptcy protection over the course of battered wealth-management and executive of UBS, Oswald Grubel, $65.5 million,far more than its 2010 Bell,a spokeswoman for David Bar- the recession.Bally Total Fitness and investment-banking businesses in won’t get a bonus for last year’s work.) revenues of $28.3 million.Revenues ton Gym, which has about 13,500 Crunch Fitness, for instance, have New York. Last month, UBS even One reason the UBS division is Ⅲ bloomberg news posted an 18% rise from 2009, ver- members nationwide. already emerged from Chapter 11. hired Louise Gunderson (above),a top- still in the red: Mr. McCann has to shelf adviser at Bank of America Merrill recruit costly big-time brokers like Lynch,where she managed $650 mil- Ms. Gunderson. In fact, personnel lion in client assets. She will work at costs rose by 4% last year in dollar UBS’s flagship branch in midtown. terms.Compensation costs are tick- “UBS is small enough to be nim- ing up at other firms, such as Morgan ble, large enough to be relevant,” Stanley Smith Barney, as big broker- said Ms. Gunderson, a 40-year vet- ages poach their rivals’ top produc- eran of Wall Street who has been ers with the biggest clients and the listed as one of the nation’s top 100 most commissions. female financial advisers by Barron’s As the business formerly known as in each of the past four years. PaineWebber fights for its share in With 6,800 financial advisers, this ultracompetitive market, the UBS’s retail brokerage operation is question is how badly the problems at only about a third the size of Mer- its Swiss parent will hinder its success. rill’s, but it appears to be a popular Ms. Gunderson, for her part, surveys destination for advisers unhappy the blows taken by her many financial about the Thundering Herd’s merg- services competitors and says she isn’t er with Bank of America during the worried about any lasting damage to financial crisis. her new firm’s reputation. UBS’s U.S. wealth-management “All the brands,” she said, “are division is run by Robert McCann, tarnished in some way.” This is of the highest interest
PRICES FOR SHARES of Hudson City Analysts at research firm FBR Bancorp took a hit of 14% last week Capital Markets soon spelled out after the New Jersey bank disclosed the problem a little more dramati- concerns by federal regulators that cally: Hudson City has $30 billion the bank might face significant loss- of borrowings, for which it pays an es if interest rates rise. interest rate of 4.07%. But under The parent of Hudson City Savings certain conditions—such as if inter- Bank noted in its annual report last est rates soared by 200 to 300 basis week that the Office of Thrift Supervi- points—Hudson City could be sion could require the fast-growing called upon to repay up to $15 bil- S&L to cut dividend payouts, raise lion of those borrowings at an inter- capital or shrink its asset base. est rate of as much as 11%. Ⅲ