WEBVTT - Fat Wallet: Tariffs, Mergers, Brands

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<v Speaker 1>Bloomberg Audio Studios, podcasts, radio news.

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<v Speaker 2>I'm having a horrible week. Let me tell you about it.

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<v Speaker 2>I heard it gets worse, It gets worse. I was

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<v Speaker 2>getting on the subway and I was looking at my

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<v Speaker 2>phone as one does, and I didn't notice in time

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<v Speaker 2>that there was a just huge pool of oatmeal on

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<v Speaker 2>the floor of the subway car. When I'm ninety percent

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<v Speaker 2>confident it was oatmeal, I'll tell you why. There was

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<v Speaker 2>a lid next to it, so I don't know. Maybe

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<v Speaker 2>someone vomited and then threw a lid down, but I'm

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<v Speaker 2>hoping that it was oatmeal. Anyway, it splotted up the

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<v Speaker 2>back of my jeans. That was yesterday. I was walking

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<v Speaker 2>with my lunch in my hand and just stepped in

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<v Speaker 2>dog feces. Just I'm so upset. I hate this city.

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<v Speaker 2>It's horrible here. You have to always be on high alert,

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<v Speaker 2>and I'm tired of it. Man, I'm just I'm worn down.

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<v Speaker 1>Yeah, since I moved to the suburbs, I have not

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<v Speaker 1>necessarily seen a decrease in my incidence of stepping on

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<v Speaker 1>gross things.

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<v Speaker 2>Yeah, but I feel like you're part of the dog community.

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<v Speaker 1>Yeah, sure, bringing on myself.

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<v Speaker 2>I'm kind of asking for it, but I'm not. I'm

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<v Speaker 2>specifically not in the dog community. I have a cat,

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<v Speaker 2>and I moved to New Jersey, so I try to

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<v Speaker 2>avoid disgusting things, and I just I can't. It all

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<v Speaker 2>found me this week and bad luck comes in three.

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<v Speaker 2>So something hideous is going to happen.

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<v Speaker 1>You're going to step on something real bad.

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<v Speaker 2>Something is going to step on me. I don't know.

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<v Speaker 1>Hello, and welcome to the Money Stuff Podcast, your weekly

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<v Speaker 1>podcast where we talk about stuff related to money. I'm

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<v Speaker 1>Matt Levine and I write the Money Stuff column for

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<v Speaker 1>Bloomberg Opinion.

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<v Speaker 2>And I'm Katie Greifeld, a reporter for Bloomberg News and

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<v Speaker 2>an anchor for Bloomberg Television.

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<v Speaker 1>You know who else is having a bad week?

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<v Speaker 2>The list goes on.

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<v Speaker 1>I was gonna say Donald Trump, but there's no real

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<v Speaker 1>reason to think that Donald Trump's tariffs have a bad

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<v Speaker 1>day Wednesday in the US Supreme Court because they're illegal,

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<v Speaker 1>and every court that has considered them found them illegal.

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<v Speaker 1>And the Supreme Court has generally been more willing to

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<v Speaker 1>let Donald Trump do illegal things than other courts are, because,

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<v Speaker 1>like you know, the other courts, there's like a law,

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<v Speaker 1>the law, and the Supreme Court is like, yeah, we

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<v Speaker 1>get to make up the law. So they've been a

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<v Speaker 1>little more generous. But it seems like from the oral

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<v Speaker 1>argument on Wednesday, it seems like they might have hit

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<v Speaker 1>their limit on Donald Trump's universal tariffs.

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<v Speaker 2>Yeah, it's funny. It seems like skepticism was the word

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<v Speaker 2>of the day, I think, almost every meeting.

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<v Speaker 1>So you can't really tell what they think from the

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<v Speaker 1>oral argument, so you have to write that they were skeptical.

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<v Speaker 2>Yeah, yeah, asked skeptical questions, things along those lines. Yeah,

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<v Speaker 2>we're talking about the nineteen seventy seven International Emergency Economic

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<v Speaker 2>Powers Act AIPA, if you will. So Donald Trump says

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<v Speaker 2>that it's in the interest of national security that he's

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<v Speaker 2>basically able to levy blanket tariffs around the globe. And

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<v Speaker 2>that's what's in question right now, defining the limits of

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<v Speaker 2>this nineteen seventies law.

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<v Speaker 1>Yeah, normal people and lawyers and economists believe that tariffs

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<v Speaker 1>are taxes because they are, and the US Constitution says

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<v Speaker 1>that only Congress can impose taxes. And in APA, Congress

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<v Speaker 1>gave the president the power to regulate importation in an emergency,

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<v Speaker 1>but it doesn't say you can tax them. And it

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<v Speaker 1>seems to me and many other people, and probably five

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<v Speaker 1>or so justices of the Supreme Court, that that does

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<v Speaker 1>not give Donald Trump the power to unilatterally impose taxes

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<v Speaker 1>on the imports of every country in the world. Donald

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<v Speaker 1>Trump disagrees, and in the Supreme Court argument, his lawyer

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<v Speaker 1>Solicitor General, argued that these are not taxes. They're not

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<v Speaker 1>designed to raise rev and the goal of the tariffs

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<v Speaker 1>is to make everyone. Essentially, actually said the fact they

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<v Speaker 1>raise revenue is only incidental. The tariffs would be most

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<v Speaker 1>effective if no person ever paid them, because there were

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<v Speaker 1>no imports.

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<v Speaker 2>I think amazing.

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<v Speaker 1>Yeah, but no one believes that, certainly not Donald Trump,

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<v Speaker 1>who has talked about how much revenue they're raising, and

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<v Speaker 1>certainly not the strim Court.

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<v Speaker 2>So you know, yeah, I feel like it's been pretty

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<v Speaker 2>nakedly a goal of the tariffs is to raise tariff

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<v Speaker 2>revenue and trying to shrink the budget.

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<v Speaker 1>Justice it sure, because they're at tax Yeah, so it's

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<v Speaker 1>very hard to argue that, and they tried, and it

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<v Speaker 1>doesn't seem like it went that well.

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<v Speaker 2>Yeah, again, we don't know what they were thinking. We

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<v Speaker 2>might get a decision by the end of the year,

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<v Speaker 2>which is exciting. But I have a quote here from

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<v Speaker 2>Chief Justice John Roberts saying that the tariffs were quote

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<v Speaker 2>an imposition of taxes on Americans, and that has always

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<v Speaker 2>been the core power of Congress. That's a direct quote.

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<v Speaker 2>And then you also it's literally.

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<v Speaker 1>Read a front of the Constitution, like the Constitution is

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<v Speaker 1>like an actual favorite you can read right, you actually

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<v Speaker 1>see that. It says Congress has a parat advice.

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<v Speaker 2>I've carused it now and again a lot of amendments. Anyway,

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<v Speaker 2>this is really enough front, right up front. And then

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<v Speaker 2>you had Trump appointed justices as well, Neil Gorsuch and

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<v Speaker 2>Amy Cony Barrett apparently also asking skeptical questions as well.

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<v Speaker 2>But again it's very hard to know.

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<v Speaker 1>It's hard to know. Neil Gorsuch, I have a certain

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<v Speaker 1>personal fondness for no goar, such pause, go on. I

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<v Speaker 1>think you talked about this on the podcast, But my

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<v Speaker 1>wife argued a case in the Supreme Court that was

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<v Speaker 1>a non delegation doctrine in case. The non delegation doctrine

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<v Speaker 1>has been around for a long time. Basically, it says

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<v Speaker 1>that Congress can't just hand over its powers to the

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<v Speaker 1>executive branch without giving it an intelligible principle how to

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<v Speaker 1>regulate that doctrine has been around for a while, but

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<v Speaker 1>never really worked for the last hundred years. Like, the

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<v Speaker 1>Supreme Court has never found a violation of the non

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<v Speaker 1>delegation doctrine. It's never said Congress deligated too much power here,

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<v Speaker 1>But Neil Gorsuch believes in it and has like tried

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<v Speaker 1>to find violations of it and has like dissented from

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<v Speaker 1>decisions including on and Following My Wife and saying that,

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<v Speaker 1>like the non delegation doction should have some real power.

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<v Speaker 1>And it seems here that if Congress intended to delegate

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<v Speaker 1>the power to unilaterally tax all imports forever to the president,

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<v Speaker 1>that would be quite a striking delegation that would perhaps

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<v Speaker 1>exceed the ability of Congress to delegate, so like there's

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<v Speaker 1>natural reason to think that he would oppose these tariffs. Similarly,

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<v Speaker 1>John Roberts invented the thing called the major questions doctrine,

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<v Speaker 1>which has become a big part of Supreme Court jurist prudence,

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<v Speaker 1>even though he kind of made it up a few

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<v Speaker 1>years ago. And in the major questions doctrine, basically it's like,

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<v Speaker 1>if Congress is going to give the executive like some

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<v Speaker 1>huge new power. It has to do so clearly. And

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<v Speaker 1>here AIPA gives the president the power to regulate imports,

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<v Speaker 1>which is not taxing them. So it doesn't seem like

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<v Speaker 1>it does it clearly.

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<v Speaker 2>Yeah.

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<v Speaker 1>So like if you look at you know, if you count,

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<v Speaker 1>like three liberal justices are going to sign out. One

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<v Speaker 1>John Roberts loves his major question doctrine, and one new

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<v Speaker 1>of course such loves his non delegation doctrine. You kind

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<v Speaker 1>of get to the doors being stricked down.

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<v Speaker 2>Yeah, which is interesting and exciting because the question has

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<v Speaker 2>also been raised, would reimbursement.

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<v Speaker 1>Oh yeah, have to happen?

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<v Speaker 2>What on earth would that possibly look like?

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<v Speaker 1>Right? If you just went to the Supreme Court, you know,

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<v Speaker 1>a year ago and asked them would this pay legal?

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<v Speaker 1>I think they'd all say no, Yeah, but it's already happened,

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<v Speaker 1>right for sure, it's already raised hundreds of billions of

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<v Speaker 1>dollars or whatever, and so unscrambling the egg is really hard,

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<v Speaker 1>and I don't know what will happen. I will say

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<v Speaker 1>that you could imagine the government being like it would

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<v Speaker 1>be impossible to pay refunds. And that's the reason not

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<v Speaker 1>to strike this down. And they haven't done that. They've

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<v Speaker 1>been like, yeah, I would pay refunds. Yeah, I do

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<v Speaker 1>think anythink that's a little interesting, is that if you

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<v Speaker 1>think about the incidents right, like on the one hand,

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<v Speaker 1>like I don't think consumers have paid a lot of

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<v Speaker 1>these times.

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<v Speaker 2>Yeah, it seems like so far companies have you know,

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<v Speaker 2>a lot.

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<v Speaker 1>Of the costs. So pretty strong consensus is that tariffs

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<v Speaker 1>have not been passed on to consumers nearly as much

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<v Speaker 1>as economists expected. And I don't know exactly there isn't

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<v Speaker 1>for that. Some of it it's just like a you know,

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<v Speaker 1>good profit environment, and some of it is like everyone's

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<v Speaker 1>a little bit waiting and seeing and like if the

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<v Speaker 1>tariffs continued forever, they might pass them on.

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<v Speaker 2>But the yeah, what happens.

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<v Speaker 1>But at the same time, like if there are refunds,

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<v Speaker 1>I don't know who gets the refunds. I think a

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<v Speaker 1>lot of like the importers have sold refund claims to

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<v Speaker 1>like hedge funds. Yeah, this is a real Wall Street

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<v Speaker 1>trade where like some banks have been arranging trades where

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<v Speaker 1>hedge funds will buy refund claims it like forty cents

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<v Speaker 1>on the dollar. And if the stream court strikes them down,

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<v Speaker 1>then like they get their money, and if it doesn't

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<v Speaker 1>then they lose the forty cents on the dollar. So

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<v Speaker 1>it would be more interesting if the tariffs like had

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<v Speaker 1>been passed on to consumers and then they were like

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<v Speaker 1>ultimately a transfer of money from consumers to hedge funds. Yeah,

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<v Speaker 1>but instead I think there's just a transfer of money

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<v Speaker 1>from companies stage funds.

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<v Speaker 2>Well. Amy Coney Barrett did ask the lawyer for the

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<v Speaker 2>small businesses that sued basically how the process would work

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<v Speaker 2>should the terroriffs be overturned. His answer was that if

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<v Speaker 2>they are overturned, then businesses may seek the return of

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<v Speaker 2>the billions already paid to the US Treasury. So in

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<v Speaker 2>that scenario, like the businesses have sold them.

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<v Speaker 1>Yeah, there's some interesting questions about whether the government would

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<v Speaker 1>stone while a hedge fund that has bought Tireff claims,

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<v Speaker 1>you know, yeah, but probably it'd be fine. Probably some

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<v Speaker 1>hedgehunds are going to do well out of this.

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<v Speaker 2>So the most interesting possibility for this podcast is that

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<v Speaker 2>these terrafts are overturned.

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<v Speaker 1>Well, yes, and then a hedge fund sues the government

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<v Speaker 1>for a refund that the government says now and it

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<v Speaker 1>goes to the Supreme courtly, that's a fun one.

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<v Speaker 2>It's a fun one.

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<v Speaker 1>That's a fun be interested in a tiff refund hedge

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<v Speaker 1>fund case.

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<v Speaker 2>I do want to put some numbers around the terriff

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<v Speaker 2>revenue so far, because I think it's interesting. Apparently it's

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<v Speaker 2>helped bring the national budget deficit down to one point

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<v Speaker 2>seven eight trillion dollars for the most recent fiscal years.

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<v Speaker 2>That's a drop of two per from twenty twenty four,

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<v Speaker 2>which is good news. But you think about the overall

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<v Speaker 2>trajectory of spends and tax cuts, it's probably not going

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<v Speaker 2>to really change things that much.

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<v Speaker 1>But even still, but else it's getting reversed.

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<v Speaker 2>Maybe maybe we don't know that right.

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<v Speaker 1>And like again, like the government can't argue about this.

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<v Speaker 1>They can't be like, we need these tariffs to keep

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<v Speaker 1>the deficit down. Yeah, I mean they can. They can

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<v Speaker 1>say it, but they can't say it in the Supreme

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<v Speaker 1>Court because to the Supreme Court, they're saying, this isn't attack.

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<v Speaker 1>We're not raising revenue, so we can't talk about the revenue.

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<v Speaker 2>Yeah. Well, kind of reminds me of the situation with

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<v Speaker 2>Nvidia and AMD chips in terms of the idea was

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<v Speaker 2>floated that the government would take a cut of Chinese revenues,

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<v Speaker 2>like the revenue that they.

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<v Speaker 1>Need in China, like a reverse taff.

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<v Speaker 2>Yeah, but it's also like, how do you argue that's

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<v Speaker 2>for national security that also seems to be just nakedly revenue.

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<v Speaker 2>It's crazy.

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<v Speaker 1>It's like you can tell advanced technology to our enomy

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<v Speaker 1>as lone as we got to cut.

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<v Speaker 2>Yeah right, cony up, what do you want to talk

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<v Speaker 2>about next?

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<v Speaker 1>Met Sarah?

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<v Speaker 2>I love this story so much drama in the healthcare.

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<v Speaker 2>I'm an ice bace for this very hot, promising obesity startup,

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<v Speaker 2>met Sarah.

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<v Speaker 1>Yeah, it's good to have an obesity drug.

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<v Speaker 2>Yeahs I wish I had won.

0:11:30.760 --> 0:11:34.000
<v Speaker 1>Yeah. So, Metsarah is a like US biotech company that

0:11:34.120 --> 0:11:36.360
<v Speaker 1>has an obesity drug that seems to be promising.

0:11:36.600 --> 0:11:39.360
<v Speaker 2>Not on the market yet, no, but it did recently

0:11:39.360 --> 0:11:40.520
<v Speaker 2>complete a mid stage trial.

0:11:40.679 --> 0:11:43.599
<v Speaker 1>Yeah. So it's a promising but not yet commercialized the

0:11:43.640 --> 0:11:48.120
<v Speaker 1>obesity drug. And Pfizer, a big US from a company

0:11:48.160 --> 0:11:52.760
<v Speaker 1>that had a notable failure in trials of it's obesity drug. Yeah,

0:11:52.760 --> 0:11:55.720
<v Speaker 1>and it's kind of like adrift without an obesity drug,

0:11:56.280 --> 0:11:59.640
<v Speaker 1>agreed to buy met Sarah in September and since then,

0:11:59.800 --> 0:12:03.559
<v Speaker 1>no Nordisk, which you know is a giant Danish pharmaceutical

0:12:03.600 --> 0:12:07.600
<v Speaker 1>company that notably makes ozepic yep and we go vi yes,

0:12:08.160 --> 0:12:11.440
<v Speaker 1>has come in with a higher bid for Metsarah, which

0:12:11.440 --> 0:12:15.800
<v Speaker 1>surest all has interesting drama. But secondly, because Novo has

0:12:15.880 --> 0:12:20.120
<v Speaker 1>the leading obesity drugs, there's a huge anti trust problem

0:12:20.320 --> 0:12:24.800
<v Speaker 1>with it buying met Sarah. Yeah, and met Sarah with

0:12:24.880 --> 0:12:28.439
<v Speaker 1>the board of directors is choosing between a higher offer

0:12:28.520 --> 0:12:31.360
<v Speaker 1>from Novo that might not go through or a lower

0:12:31.400 --> 0:12:33.800
<v Speaker 1>offer from Pfizer that has like very little anti trust risk.

0:12:34.600 --> 0:12:37.360
<v Speaker 1>And Nova got around that problem, or thinks it got

0:12:37.360 --> 0:12:39.439
<v Speaker 1>around that problem, or probably got around that problem by

0:12:39.440 --> 0:12:43.040
<v Speaker 1>basically paying the money upfront. So instead of like signing

0:12:43.080 --> 0:12:45.680
<v Speaker 1>a deal and going to get anti trust approval and

0:12:45.720 --> 0:12:48.440
<v Speaker 1>when you get anti trust approval paying the money for

0:12:48.480 --> 0:12:50.880
<v Speaker 1>the shares, Novah is just going to hand over the

0:12:50.880 --> 0:12:53.439
<v Speaker 1>money upfront. It's going to be dividended out to met

0:12:53.480 --> 0:12:55.560
<v Speaker 1>Sarah shareholders like as soon as they signed the deal,

0:12:56.120 --> 0:12:58.080
<v Speaker 1>and then Nova will get back like sort of this

0:12:58.240 --> 0:13:02.600
<v Speaker 1>like debtlike claim, so that if they get a distress approval,

0:13:02.720 --> 0:13:04.960
<v Speaker 1>the deal will close and nov will end up owning Metsarah.

0:13:05.240 --> 0:13:08.319
<v Speaker 1>And if it doesn't close, then Metsarah can sell itself

0:13:08.320 --> 0:13:10.600
<v Speaker 1>to someone else, and Nova gets the first like six

0:13:10.679 --> 0:13:15.120
<v Speaker 1>point five billion dollars of proceeds. It's a very weird structure.

0:13:15.240 --> 0:13:17.760
<v Speaker 2>It is super weird. I had to reread it a

0:13:17.840 --> 0:13:20.800
<v Speaker 2>number of times, and then listening to you describe it,

0:13:21.320 --> 0:13:22.720
<v Speaker 2>I feel like I need to go back and play

0:13:22.720 --> 0:13:23.040
<v Speaker 2>it again.

0:13:23.360 --> 0:13:26.760
<v Speaker 1>Yeah. Basically, they're just paying for the company, even if

0:13:26.760 --> 0:13:29.720
<v Speaker 1>they can't end up buying the company, which is wild.

0:13:30.000 --> 0:13:32.840
<v Speaker 2>It's a very bold move by Novo. You mentioned that

0:13:32.880 --> 0:13:34.800
<v Speaker 2>they have the leading of a BCD drug. I will

0:13:35.040 --> 0:13:38.160
<v Speaker 2>put an asterisk there that they have seeded market share

0:13:38.240 --> 0:13:41.480
<v Speaker 2>to Eli Lilly in the US. So they're trying to

0:13:41.520 --> 0:13:43.480
<v Speaker 2>regain grounds.

0:13:43.600 --> 0:13:46.280
<v Speaker 1>Okay, so one possible is they're trying to regain ground

0:13:46.320 --> 0:13:48.000
<v Speaker 1>by getting Metsara's awesome new drugs.

0:13:48.160 --> 0:13:48.559
<v Speaker 2>Yeah.

0:13:48.679 --> 0:13:51.000
<v Speaker 1>Pfizer has a different theory, which is that they don't

0:13:51.040 --> 0:13:53.520
<v Speaker 1>care about this drug. They're just trying to catch and

0:13:53.600 --> 0:13:55.720
<v Speaker 1>kill it. They're trying to prevent Pfiser from getting an

0:13:55.720 --> 0:14:01.199
<v Speaker 1>ibcit drug by doing this deal where where they will

0:14:01.440 --> 0:14:04.640
<v Speaker 1>lock up met Sarah in like trying to get regulatory

0:14:04.679 --> 0:14:09.080
<v Speaker 1>approvals for two years. And Pfizer says the deal with

0:14:09.160 --> 0:14:11.440
<v Speaker 1>Nova will never close, They'll never get an anti trust approval,

0:14:11.520 --> 0:14:14.160
<v Speaker 1>but like it'll take so long that the actual purpose

0:14:14.200 --> 0:14:16.480
<v Speaker 1>of this deal is to prove ad pviser from buying it,

0:14:16.520 --> 0:14:21.280
<v Speaker 1>so sort of like maintain Nova's position. So that's Pfizer's view.

0:14:21.800 --> 0:14:25.720
<v Speaker 1>They've sued in multiple courts. They kind of lost around

0:14:25.960 --> 0:14:30.160
<v Speaker 1>this week Deliery Chancery Court refused to stop Metsarah from

0:14:30.240 --> 0:14:32.920
<v Speaker 1>taking the Nova deal, but you know there's still lawsuits

0:14:33.000 --> 0:14:33.520
<v Speaker 1>kicking around.

0:14:33.720 --> 0:14:37.280
<v Speaker 2>Yeah, that is a very cynical take. I feel like

0:14:37.360 --> 0:14:41.080
<v Speaker 2>the fact that it's not Eli Lilly doing this maybe, Yeah.

0:14:40.920 --> 0:14:43.240
<v Speaker 1>It's a cynical take. I mean, it's very weird to

0:14:43.280 --> 0:14:45.600
<v Speaker 1>pay for the company up front, even if you might

0:14:45.640 --> 0:14:48.200
<v Speaker 1>not get it right. And like one possibility is that

0:14:48.280 --> 0:14:50.360
<v Speaker 1>Novo is like, we don't think there's how much anti

0:14:50.360 --> 0:14:53.480
<v Speaker 1>trust risk. We understand Metsarah is worried about it, so

0:14:53.480 --> 0:14:55.800
<v Speaker 1>we're going to bear that risk ourselves by paying everything

0:14:55.840 --> 0:14:58.080
<v Speaker 1>up front. But are other possibilities that everyone thinks there's

0:14:58.080 --> 0:14:59.760
<v Speaker 1>a lot of anti trust risk and they're like, we

0:14:59.760 --> 0:15:01.520
<v Speaker 1>don't even care if we don't get the company.

0:15:01.600 --> 0:15:05.320
<v Speaker 2>Yeah, I will say we heard from the CFO of

0:15:05.400 --> 0:15:09.120
<v Speaker 2>Novo talking about why they wanted this company, and they're

0:15:09.160 --> 0:15:12.640
<v Speaker 2>promising drug in particular, and the CFO said that they're

0:15:12.680 --> 0:15:16.880
<v Speaker 2>particularly interested in Metsarah's amelin targeting drug. Okay, if anyone

0:15:17.000 --> 0:15:19.600
<v Speaker 2>falling along at home is really well versed in this stuff.

0:15:19.760 --> 0:15:23.080
<v Speaker 2>Apparently amelin is another potential target in obesity treatment, and

0:15:23.760 --> 0:15:27.560
<v Speaker 2>just on Thursday, actually Eli Lilly said that it's amelin

0:15:27.640 --> 0:15:30.480
<v Speaker 2>targeting helped patients lose up to twenty point one percent

0:15:30.520 --> 0:15:33.120
<v Speaker 2>of their body weight over forty eight weeks. So I

0:15:33.160 --> 0:15:38.280
<v Speaker 2>don't know, like Pfizer has their take, but Novo seems

0:15:39.120 --> 0:15:40.359
<v Speaker 2>to have their own.

0:15:40.400 --> 0:15:44.040
<v Speaker 1>Right, you can't fully believe the extremely cynical take of

0:15:44.080 --> 0:15:47.160
<v Speaker 1>like never spending billions of dollars just the stobviser from

0:15:47.160 --> 0:15:50.040
<v Speaker 1>getting out of PCD DUG that's adviser also has like

0:15:50.080 --> 0:15:53.840
<v Speaker 1>a sort of like patriotic argument. Yeah, like you know,

0:15:53.920 --> 0:15:56.680
<v Speaker 1>kind of playing to the Trump Justice Department. Should in

0:15:56.720 --> 0:16:00.480
<v Speaker 1>an American company end up buying this American obesity rather

0:16:00.520 --> 0:16:02.880
<v Speaker 1>than giving it to the Danish And.

0:16:02.800 --> 0:16:04.920
<v Speaker 2>The government's going to be like what if we got

0:16:05.120 --> 0:16:08.720
<v Speaker 2>a golden chair perhaps something along those lines, perhaps a

0:16:08.800 --> 0:16:09.520
<v Speaker 2>kind of revenue.

0:16:10.600 --> 0:16:12.560
<v Speaker 1>I'm sorry, because like this is what's going to happen.

0:16:12.680 --> 0:16:13.360
<v Speaker 2>Yes, this is.

0:16:13.320 --> 0:16:14.360
<v Speaker 1>Totally what's going to happen.

0:16:31.080 --> 0:16:33.960
<v Speaker 2>Speaking of drama, this has nothing to do with obesity.

0:16:34.440 --> 0:16:37.320
<v Speaker 1>Well, the story about a guy who's been five hundred

0:16:37.360 --> 0:16:38.840
<v Speaker 1>thousand dollars on his personal.

0:16:38.560 --> 0:16:42.400
<v Speaker 2>Chef talk about a fat wallets. So stupid.

0:16:42.880 --> 0:16:45.280
<v Speaker 1>Yeah, I think about Like so, uh, Sam bankman Fred

0:16:45.360 --> 0:16:49.320
<v Speaker 1>had his appeal this week. Oh yeah, it didn't go well. Oh,

0:16:49.520 --> 0:16:52.160
<v Speaker 1>I mean we don't know the result that skeptical.

0:16:51.760 --> 0:16:54.280
<v Speaker 2>Questions, skeptical skepticism.

0:16:53.760 --> 0:16:56.320
<v Speaker 1>And Sam bankman freet has said that all of his

0:16:56.400 --> 0:17:01.840
<v Speaker 1>problems started when he handed over control of FTX to

0:17:02.600 --> 0:17:06.040
<v Speaker 1>people who are running it in bankruptcy, file for bankruptcy,

0:17:06.040 --> 0:17:07.479
<v Speaker 1>and like someone else takes over the company.

0:17:07.640 --> 0:17:09.680
<v Speaker 2>That was the starting point of well, that was.

0:17:09.640 --> 0:17:11.320
<v Speaker 1>In the starting pipe. He was like, I could have

0:17:11.359 --> 0:17:13.679
<v Speaker 1>recovered before that, but then after they took over the company,

0:17:13.760 --> 0:17:17.159
<v Speaker 1>like the new CEO has an incentive to throw the

0:17:17.200 --> 0:17:20.160
<v Speaker 1>old management under the bus, right and find as many

0:17:20.200 --> 0:17:23.520
<v Speaker 1>problems as possible. And I was thinking about that because like,

0:17:23.760 --> 0:17:25.840
<v Speaker 1>so we're going to talk about First Brands, which is

0:17:26.160 --> 0:17:31.800
<v Speaker 1>a auto parts conglomerate that went bankrupt and this week

0:17:31.920 --> 0:17:38.159
<v Speaker 1>sued its former CEO and soul shareholder Patrick James, for

0:17:38.840 --> 0:17:42.720
<v Speaker 1>various alleged badness basically like doing a lot of fraud

0:17:43.080 --> 0:17:46.440
<v Speaker 1>to borrow from various like factoring companies, and like taking

0:17:46.480 --> 0:17:48.439
<v Speaker 1>all of that money and giving it to himself and

0:17:48.480 --> 0:17:52.439
<v Speaker 1>spending it on seventeen exotic cars, lavish homes and Malibu

0:17:52.480 --> 0:17:55.160
<v Speaker 1>and the Hampton's six figure bills for a celebrity chef

0:17:55.840 --> 0:17:58.199
<v Speaker 1>other stuff like that. And I just think about it

0:17:58.200 --> 0:18:00.639
<v Speaker 1>because like it's the same kind of dynasm where like

0:18:00.680 --> 0:18:04.160
<v Speaker 1>you file for bankruptcy, like essentially a bankruptcy firm takes

0:18:04.160 --> 0:18:06.879
<v Speaker 1>over the company and they're like, you know, let's be

0:18:06.920 --> 0:18:10.679
<v Speaker 1>as negative as possible about the previous management, and so

0:18:10.920 --> 0:18:12.560
<v Speaker 1>do you know they seem to have found a lot

0:18:12.640 --> 0:18:17.520
<v Speaker 1>of stuff. Yeah, but you know you have to be

0:18:17.600 --> 0:18:19.600
<v Speaker 1>a little skeptical, right because like they were running the

0:18:19.600 --> 0:18:21.760
<v Speaker 1>company on behalf of the creditors, right, and like this

0:18:21.800 --> 0:18:23.680
<v Speaker 1>is a company that was one hundred percent owned by

0:18:23.680 --> 0:18:25.800
<v Speaker 1>Patrick James, and so they're like he used it as

0:18:25.800 --> 0:18:28.360
<v Speaker 1>his personal piggy bank. He absolutely did, Like of course

0:18:28.400 --> 0:18:30.399
<v Speaker 1>he did, because he owned the company, and so he

0:18:30.440 --> 0:18:32.840
<v Speaker 1>didn't like follow a lot of like formalities, and like

0:18:32.920 --> 0:18:35.280
<v Speaker 1>when he needed money, he just sent himself some money

0:18:35.280 --> 0:18:37.119
<v Speaker 1>from the company, and now they want all that money

0:18:37.119 --> 0:18:39.440
<v Speaker 1>back to pay to the creditors, right, and so they're like, oh,

0:18:39.480 --> 0:18:43.080
<v Speaker 1>he did lots of fraud. Like I guess I believe them,

0:18:43.160 --> 0:18:45.480
<v Speaker 1>But it's just like and it's an interesting dynamic, like

0:18:45.600 --> 0:18:47.720
<v Speaker 1>so incentives to say he did lots of fraud.

0:18:47.800 --> 0:18:50.600
<v Speaker 2>If I own one hundred percent of an autoparts supplier,

0:18:51.080 --> 0:18:52.879
<v Speaker 2>I can take the money out and buy cars.

0:18:53.119 --> 0:18:56.199
<v Speaker 1>Well, the question is who's going to object to that?

0:18:57.240 --> 0:19:00.480
<v Speaker 1>And if there are no other soulders in the ordinary course,

0:19:00.600 --> 0:19:02.720
<v Speaker 1>no one's going to object it. Now if the company

0:19:02.760 --> 0:19:05.600
<v Speaker 1>goes extremely bankrupt, the creditors are going to object it.

0:19:05.600 --> 0:19:08.160
<v Speaker 1>They're gonna be like giving back the money, and they're

0:19:08.160 --> 0:19:10.480
<v Speaker 1>going to look very carefully to see if you did

0:19:10.520 --> 0:19:13.879
<v Speaker 1>anything bad. And I do think that like they found

0:19:13.920 --> 0:19:16.520
<v Speaker 1>that he did bad stuff in terms of like I mean,

0:19:16.560 --> 0:19:19.119
<v Speaker 1>like the real allegation here is that most of their

0:19:19.240 --> 0:19:22.160
<v Speaker 1>borrowing was secured by invoices. So I could sell auto

0:19:22.240 --> 0:19:24.280
<v Speaker 1>parts to like a car dealership, and they get an

0:19:24.320 --> 0:19:26.199
<v Speaker 1>invoice and they'd borrow against the invoice from like a

0:19:26.240 --> 0:19:29.920
<v Speaker 1>factoring company. They would like send over lists of thousands

0:19:29.960 --> 0:19:32.639
<v Speaker 1>of invoices to borrow the money and they would just

0:19:32.760 --> 0:19:35.080
<v Speaker 1>change the numbers on the lists to get more money,

0:19:35.359 --> 0:19:37.920
<v Speaker 1>and like that's fraud if that's true, right, Like that's

0:19:37.960 --> 0:19:40.240
<v Speaker 1>really bad. And so the creditors have like allegedly found

0:19:40.280 --> 0:19:42.119
<v Speaker 1>a lot of that. But then there's just like the

0:19:42.160 --> 0:19:45.080
<v Speaker 1>other question of like, if you have a company that

0:19:45.160 --> 0:19:47.080
<v Speaker 1>borrows money, can you take money out of the company?

0:19:47.080 --> 0:19:48.560
<v Speaker 1>And it's like, well, it depends on what the credit

0:19:48.640 --> 0:19:51.840
<v Speaker 1>agreements say, and like they make a lot of noise

0:19:51.880 --> 0:19:54.520
<v Speaker 1>about how he didn't follow a lot of formalities, but

0:19:54.560 --> 0:19:57.080
<v Speaker 1>they don't say like it was forbidden by the credit agreements.

0:19:57.160 --> 0:19:59.520
<v Speaker 1>I don't know. So I don't mean to defend him.

0:19:59.680 --> 0:20:02.800
<v Speaker 2>I feel I mean, I feel like someone listening cold

0:20:02.840 --> 0:20:04.760
<v Speaker 2>because I know you want to know.

0:20:05.000 --> 0:20:07.840
<v Speaker 1>I just think it's an interesting dynamic that the creditors

0:20:08.200 --> 0:20:12.200
<v Speaker 1>have every incentive to look for fraud, and that they

0:20:12.240 --> 0:20:14.680
<v Speaker 1>are like, he took money out of this company, which

0:20:14.760 --> 0:20:17.399
<v Speaker 1>leads like, fine, if you you know it's his own company,

0:20:17.400 --> 0:20:19.280
<v Speaker 1>but it's not his own company because he like borrowed

0:20:19.280 --> 0:20:19.919
<v Speaker 1>a lot of money.

0:20:20.000 --> 0:20:20.359
<v Speaker 2>Yeah.

0:20:20.400 --> 0:20:23.240
<v Speaker 1>That said, I do want to emphasize that the stuff

0:20:23.280 --> 0:20:26.359
<v Speaker 1>they say about crossing out the numbers on the invoices

0:20:26.400 --> 0:20:28.639
<v Speaker 1>and writing much larger numbers is really bad fraud.

0:20:28.840 --> 0:20:33.400
<v Speaker 2>Yeah, like much larger numbers, adding a digit maybe too. Yeah.

0:20:33.680 --> 0:20:36.320
<v Speaker 1>Yeah, Like there's an example in the complaint of like

0:20:36.840 --> 0:20:40.000
<v Speaker 1>they patch together two million dollars worth of invoices, like

0:20:40.040 --> 0:20:42.600
<v Speaker 1>thousands of invoices that total two million dollars, and they

0:20:42.680 --> 0:20:45.040
<v Speaker 1>change them to make them eleven million dollars. Yeah, they

0:20:45.080 --> 0:20:47.120
<v Speaker 1>borrowed eleven million dollars. Like that's really bad.

0:20:47.359 --> 0:20:51.280
<v Speaker 2>Yeah, that's super bad. That's flagrant if you really think

0:20:51.280 --> 0:20:54.360
<v Speaker 2>about it. I do wonder if anyone in his family

0:20:54.720 --> 0:20:58.239
<v Speaker 2>was like, Patrick, you run an auto part supplier. How

0:20:58.280 --> 0:20:59.679
<v Speaker 2>do you have so many houses? How do you have

0:20:59.680 --> 0:21:00.399
<v Speaker 2>so many car.

0:21:00.400 --> 0:21:02.320
<v Speaker 1>No, it's a big it's not like a yeah, but

0:21:02.359 --> 0:21:05.400
<v Speaker 1>even still think a multi billion dollar conglomerate of auto

0:21:05.440 --> 0:21:06.320
<v Speaker 1>parts supplayers.

0:21:06.600 --> 0:21:10.560
<v Speaker 2>Yeah, that's true, But I don't know with the benefit

0:21:10.600 --> 0:21:12.080
<v Speaker 2>of hindsight, it seems a little sketchy.

0:21:12.280 --> 0:21:18.880
<v Speaker 1>But I know he's a billionaire. I gotten myself into

0:21:18.920 --> 0:21:21.280
<v Speaker 1>this anyway, I think completely innocent.

0:21:21.440 --> 0:21:23.840
<v Speaker 2>I do think it's interesting that I don't know. It

0:21:23.840 --> 0:21:27.600
<v Speaker 2>feels like every week more news breaks about first brands

0:21:27.600 --> 0:21:28.640
<v Speaker 2>and the unraveling here.

0:21:28.760 --> 0:21:31.160
<v Speaker 1>Even before I went bankrupt, like people are raising concerns

0:21:31.160 --> 0:21:33.520
<v Speaker 1>about double pledging, and like, yeah, it makes sense that,

0:21:33.680 --> 0:21:36.600
<v Speaker 1>Like when their bankruptcy team did a Friends of examination,

0:21:36.680 --> 0:21:39.120
<v Speaker 1>they're like, oh wow, there's tons of double pledging here.

0:21:39.280 --> 0:21:42.840
<v Speaker 2>Yeah. You aptly linked to a Wall Street Journal report

0:21:42.880 --> 0:21:46.200
<v Speaker 2>talking about how now you have a lot more firms,

0:21:46.880 --> 0:21:49.640
<v Speaker 2>perhaps suggesting that we should up our due diligence. There

0:21:49.680 --> 0:21:52.280
<v Speaker 2>was an interesting report too from the Financial Time today

0:21:52.320 --> 0:21:56.400
<v Speaker 2>talking about how UPS is going to liquidate its funds

0:21:56.880 --> 0:22:00.400
<v Speaker 2>with major first brands exposure. Apparently they have a fund

0:22:00.440 --> 0:22:05.040
<v Speaker 2>specializing in invoice finance, specifically at O'Connor that is owned

0:22:05.080 --> 0:22:09.320
<v Speaker 2>by UBS in the process of being sold to Canter Fitzgerald,

0:22:09.640 --> 0:22:13.320
<v Speaker 2>which is pretty funny just in terms of obviously when

0:22:13.320 --> 0:22:17.360
<v Speaker 2>the steal was signed in May, things were much different.

0:22:17.520 --> 0:22:20.520
<v Speaker 1>And invoice financing fund now not so much.

0:22:20.760 --> 0:22:25.280
<v Speaker 2>Yeah, and they're even liquidating a high grade fund that

0:22:25.320 --> 0:22:28.880
<v Speaker 2>invested in invoices linked to less receive companies without any

0:22:28.880 --> 0:22:32.680
<v Speaker 2>first brand's exposure. But right also, no one's like.

0:22:32.720 --> 0:22:35.600
<v Speaker 1>Looking to get into like invoice financing right this minute.

0:22:35.920 --> 0:22:38.439
<v Speaker 1>I will say, you know, I've talked about diligence on

0:22:38.840 --> 0:22:41.520
<v Speaker 1>this sort of thing where you know, it's literally like

0:22:41.600 --> 0:22:44.200
<v Speaker 1>you send over an Excel file with thousands of invoices

0:22:44.520 --> 0:22:47.119
<v Speaker 1>and then they just send you the money. I'm like,

0:22:48.040 --> 0:22:50.639
<v Speaker 1>you're edit that excel file. I will say I got

0:22:50.680 --> 0:22:52.600
<v Speaker 1>at least two emails that included the word blockchain.

0:22:52.960 --> 0:22:57.320
<v Speaker 2>Oh, you know, that's what we've found a use case.

0:22:58.720 --> 0:23:01.880
<v Speaker 1>Whether or not it's blockchain, it does kind of feel

0:23:01.920 --> 0:23:05.239
<v Speaker 1>like we have the technology to not just take it

0:23:05.280 --> 0:23:09.080
<v Speaker 1>on faith that that's just a pile of PDFs is real.

0:23:09.800 --> 0:23:13.160
<v Speaker 1>But not everyone deploys that technology. And you know, there's

0:23:13.160 --> 0:23:15.760
<v Speaker 1>a lot of trust in the financial system and sometimes

0:23:15.760 --> 0:23:19.080
<v Speaker 1>sometimes people buy seventeen exotic cars on the back of

0:23:19.080 --> 0:23:19.560
<v Speaker 1>that trust.

0:23:20.040 --> 0:23:23.240
<v Speaker 2>It's really funny. Blockchain does seem like an obvious answer here,

0:23:23.359 --> 0:23:24.600
<v Speaker 2>But don't put that in there.

0:23:24.680 --> 0:23:25.640
<v Speaker 1>Nope, we're putting them in.

0:23:28.160 --> 0:23:31.640
<v Speaker 2>No, oh, invoice financing funds. I don't know you say

0:23:31.640 --> 0:23:34.399
<v Speaker 2>that now, Maybe isn't a great time for them. I

0:23:34.440 --> 0:23:37.040
<v Speaker 2>want to read the story in like the next three

0:23:37.080 --> 0:23:42.040
<v Speaker 2>months about someone coming in and moving aggressively here, because

0:23:42.040 --> 0:23:43.080
<v Speaker 2>what was what was that?

0:23:43.320 --> 0:23:45.840
<v Speaker 1>It's a real business, Like, yeah, I feel like people

0:23:45.920 --> 0:23:48.359
<v Speaker 1>only ever talk about it when someone goes up in

0:23:48.400 --> 0:23:51.920
<v Speaker 1>a flaming pile of fraud. But like it's a real business. Yeah,

0:23:52.560 --> 0:23:53.600
<v Speaker 1>it's mostly fine.

0:23:53.880 --> 0:23:56.439
<v Speaker 2>It kind of reminds me of the credit sweet blob.

0:23:56.480 --> 0:23:58.879
<v Speaker 2>Wasn't it eighty ones? What am I trying to remember?

0:23:59.000 --> 0:24:01.040
<v Speaker 1>I don't know what credits. We had that Green Soul problem,

0:24:01.080 --> 0:24:03.440
<v Speaker 1>which was with the invoice financing from.

0:24:03.119 --> 0:24:04.840
<v Speaker 2>No, I'm definitely not thinking would.

0:24:04.640 --> 0:24:07.440
<v Speaker 1>Not oh the at ones in that Yeah, yeah, because

0:24:07.480 --> 0:24:11.000
<v Speaker 1>credit series wiped out billions of dollars of at ones

0:24:11.480 --> 0:24:13.800
<v Speaker 1>and for like twenty minutes people were like, I'll never

0:24:13.840 --> 0:24:16.080
<v Speaker 1>buy an at one again, and then like the at

0:24:16.200 --> 0:24:19.560
<v Speaker 1>one market came roaring back. Yeah, yes, I have to

0:24:19.560 --> 0:24:22.480
<v Speaker 1>say that. Like the day that was happening and people

0:24:22.480 --> 0:24:24.640
<v Speaker 1>were like, I'll never buy an at one again. I'm

0:24:24.640 --> 0:24:26.400
<v Speaker 1>pretty sure I wrote in a column like they will

0:24:26.440 --> 0:24:27.640
<v Speaker 1>definitely buy eight ones.

0:24:27.440 --> 0:24:29.080
<v Speaker 2>Next week, and they did.

0:24:29.160 --> 0:24:31.120
<v Speaker 1>The credit market has no memory whatsoever.

0:24:31.400 --> 0:24:34.880
<v Speaker 2>Maybe that will happen with I think, yeah, voice finance advice.

0:24:34.600 --> 0:24:37.240
<v Speaker 1>Financing, Like I don't think that like invoice financing will

0:24:37.280 --> 0:24:39.280
<v Speaker 1>be dead, but like I think people might do a

0:24:39.320 --> 0:24:46.560
<v Speaker 1>little bit more to a divillidence for a while. And

0:24:46.600 --> 0:24:48.000
<v Speaker 1>that was the Money Stuff podcast.

0:24:48.320 --> 0:24:50.440
<v Speaker 2>I'm Matt Levine and I'm Katie Greifeld.

0:24:50.640 --> 0:24:52.760
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