EXTREME CAPITALISM OF PRIVATE EQUITY FIRMS DOES GREAT HARM Part 2

Illustration of a vulture sitting on a falling graph. Concept for vulture capitalists, economic crisis, recession, bankruptcy and insolvency.

This post provides an overview of how the private equity financial model works. It includes two examples of its detrimental effects, one in the chemical industry and the other in communications services for the 500,000 deaf people in the U.S.

(Note: If you find my posts too long to read on occasion, please just skim the bolded portions. Thanks for reading my blog! Special Note: The new, more user-friendly website for my blog is here.)

My previous post provided a high-level summary of the harm being done by private equity (PE) firms. It then focused on the Stop Wall Street Looting Act in Congress as an important step to stop the harm being done to patients, consumers, employees, and communities by the PE financial model.

Here’s an overview of how the private equity financial model works. The PE firm, using mostly borrowed money, buys a company. The debt and interest of the borrowed money are then made the responsibility of (and often an overwhelming burden on) the purchased company. The PE owners also pay themselves exorbitant fees (usually for “management”) and pay large dividends to themselves and their other investors. They often sell the company’s assets, such as real estate, to raise money to pay for these payments or to make debt payments. Typically, the company’s real estate is leased back to it at an exorbitant cost.

All this forces the purchased company to engage in (often severe) cost-cutting to be able to make the payments on the debt, the lease, and to the PE owners and investors. This cost-cutting often involves major layoffs and cuts in compensation for employees. Abusive employment practices, union busting, and unsafe workplaces are not uncommon. The quality of the company’s products or services is often compromised to reduce costs. Despite all this cost cutting, the companies often go bankrupt, leaving employees without jobs and often without owed pay and benefits, including retirement benefits.

U.S. laws and policies aid and abet this process by granting tax and other benefits to elements of this model. PE firms are much more loosely regulated than publicly-owned companies or mutual funds that sell shares to the public. Given their private ownership, PE firms have basically no requirements for public disclosures or transparency. The Stop Wall Street Looting Act (see this previous post for an overview) would change this, regulating PE firms and holding them accountable.

Previous posts have reported on PE ownership and its effects in pet care, retail, and health care (here, here, here, and here). Here are two additional examples.

EXAMPLE #1: Centerbridge Partners, a PE firm, bought KIK Custom Products, the parent company of BioLab Inc., in 2015 for $1.6 billion. In late September, 2024, a BioLab chemical plant in Conyers, Georgia, had a massive explosion. Toxic clouds of smoke spread over the area and 17,000 residents had to be evacuated and another 90,000 were told to shelter-in-place. In 2020, an explosion at another BioLab plant in Georgia released a cloud of toxic chlorine gas and there was also a major fire at a plant in Louisiana. Under PE firm Centerbridge’s ownership, BioLab has a long history of explosions, fires, and workplace safety violations. [1]

Centerbridge and its investors have gotten at least $3.45 billion in dividends; a return of more than double their investment – in dividends alone. In the last four years, Centerbridge has added over $2.6 billion in debt to BioLab, primarily to pay for dividends paid to Centerbridge and its investors. In addition, in July, 2024, it sold off a separate subsidiary of KIK for $850 million, which was used to pay Centerbridge and its investors another large dividend and had the effect of increasing the debt load on BioLab. With interest rates rising, this significantly undermines BioLab’s financial stability and makes bankruptcy more likely.

If this most recent plant explosion pushes BioLab into bankruptcy, the company’s workers, including their pensions, as well as contractors and suppliers, will end up losing money that is owed to them. Furthermore, if BioLab goes bankrupt, anyone suing BioLab for personal or environmental harms from the toxic explosions will likely get nothing. It will be left up to the government and the taxpayers to pay for the harm and damage done, as well as the clean-up.

EXAMPLE #2: Two companies, Sorenson Communications and ZP Better Together, separately owned by PE firms, run the service that allows deaf people to communicate by phone using sign language via the Video Relay Service (VRS). The phone companies are required by the Americans with Disabilities Act to make the VRS available for free to the 500,000 deaf people in the U.S. A small fee on all phone calls pays for it and the funding is funneled through the Federal Communications Commission (FCC). The FCC pays a fixed rate per minute for the video calls. The VRS must be available 24 hours a day, seven days a week, and must answer 85% of calls within ten seconds.

The VRS companies were targeted for acquisition by the PE firms because of their steady cashflow with effectively guaranteed profits. [2] Furthermore, the two companies have pushed the FCC to increase reimbursement rates and, in 2023, it announced a new five-year deal with rate increases of 30% to 49%. The rate for the first million minutes of calls will now be $6.27, up from $3.92. After the first million minutes, the rate declines.

Sorenson’s annual revenue is projected to be $2.1 billion and ZP’s about $400 million. Nonetheless, the two PE-owned firms have presided over declining service quality and deteriorating working conditions for employees in their efforts to maximize profits. There have been layoffs, under staffing, and under-training of staff. For example, some staff are specially trained to handle difficult calls, such as notifying a deaf person of the death of a loved one. Some are specially trained to handle translation and communication of legal documents. However, because of staff and training shortages, interpreters are being asked to do work they are not trained for. Workers typically have quotas for the number of minutes per hour they must be on calls to get paid. In some call centers, quotas have been increased because of labor shortages.

The companies have engaged in unfair labor practices and have aggressively resisted efforts to unionize. Labor representatives report that the FCC has not responded to a request for a meeting to discuss working conditions for months, while FCC staff and Commission members have met with the companies’ executives 16 times in the last two years.

Most of the sign language interpreters are part-time employees, with lower pay and benefits than full-time employees, who are usually managers. Although the FCC said that pay for interpreters would increase 65% over five years due to the rate increase, interpreters haven’t received wage increases and therefore are pushing to unionize. Several months after the 2023 rate increase, ZP closed two call centers in Minnesota after workers tried to unionize. ZP also closed two centers in California after settling a case of wage theft and retaliation for $320,000.

Sorenson has laid off workers, including middle management, many of whom were deaf people who had started as interpreters and worked their way up. The middle managers are some of the few employees who are typically full-time workers with decent pay and benefits.

More examples of PE ownership and its detrimental effects, including the Steward Health Care fiasco, will be shared in future posts.

[1] Tkacik, M., & Goldstein, L., 10/2/24, “A toxic explosion in private equity payouts,” The American Prospect (https://prospect.org/power/2024-10-02-conyers-biolab-explosion-private-equity/)

[2] Goldstein, L., 9/30/24, “Private equity is taking your calls,” The American Prospect (https://prospect.org/power/2024-09-30-private-equity-is-taking-your-calls/)

EXTREME CAPITALISM OF PRIVATE EQUITY FIRMS DOES GREAT HARM Part 1

The extreme capitalism of private equity firms does great harm. These vulture capitalists use financial manipulation to extract big profits from companies without regard to their survival or the welfare of stakeholders. There’s a bill in Congress that will stop this. — Illustration of a vulture sitting on a falling graph. Concept for vulture capitalists, economic crisis, recession, bankruptcy and insolvency.

SUMMARY: The current brand of capitalism in the U.S. does lots of harm. Nowhere are the harms more evident than in the extreme capitalism of private equity (PE) firms. These vulture capitalists use financial manipulation to extract big profits from companies they buy without regard to the health or survival of the companies, or the welfare of their employees, customers, and communities. There’s a bill in Congress that will stop this vulture capitalism and all the damage it does.

The current brand of capitalism in the U.S. does lots of harm. Even “routine” corporate activity results in lots of bad behavior, some of it illegal or corrupt, all of which harms employees, consumers, and the public. I’ve cited examples of this in many previous posts and, in my most recent post, I highlighted three examples and also shared why it’s important to be aware of this. The profit motive of capitalism and the greed of capitalists result in harmful business behaviors unless they’re well-regulated and the penalties and punishments for businesses and their executives are sufficient to truly discourage bad behavior or to put them out of business.

Nowhere are the harms of capitalism more evident than in the extreme capitalism of private equity (PE) firms. PE firms (i.e., “vulture capitalists”) use financial manipulation to extract profits from companies without regard to the health or survival of the companies, or the welfare of their employees, customers, and communities. Vulture capitalism fails to produce benefits for anyone other than the rich private equity financiers. They are not investing in the companies they buy; they are looking to maximize their short-term profits and have no qualms about the companies going bankrupt – in some cases that’s their plan. (See this previous post from 2018 describing the private equity business model and why it deserves to be called vulture capitalism.)

PE firms have purchased companies in many sectors of the economy from health care (over $500 billion between 2018 and 2023) to child care to pet care, from housing to private colleges, and from retail store chains to newspapers. Everywhere they’ve gone they’ve left destruction in their wake, including decimating local newspapers, bankrupting long-standing retail store chains, and causing deaths and injuries in health care.

In my next post, I’ll give a description of the PE business model and some specific recent examples of the harm it’s done, but, for now, here’s what can be done to stop this vulture capitalism. The Stop Wall Street Looting Act has been introduced in Congress by Senators Elizabeth Warren (D-MA), Tammy Baldwin (D-WI), Sherrod Brown (D-OH), (all three are up for re-election, by the way) and others, along with over half a dozen Representatives. First introduced in 2019, the Act would: [1]

Make the PE owners and investors responsible for the debts and liabilities of the companies they own rather than allowing them to continue to avoid responsibility and liability by claiming to be an independent entity.
Change bankruptcy laws so that when PE-owned companies go bankrupt (as they often do) workers’ pay and benefits, including pensions, would be given a higher priority, rather than being the last party to get paid if there’s any money left over (which there usually isn’t).
Ban practices that allow PE owners to extract short-term profits that undermine the financial viability of a purchased company. For example, if a PE-owned company files for bankruptcy, the PE owners and investors could be forced to pay back the fees, dividends, and other payments they had received over the last 3 – 5 years.
Prohibit PE-owned firms that receive federal or state funds (as all health care providers do and as 611 PE-owned companies that received $5.3 billion in Covid relief funds did) from acquiring other companies or making payments to the PE owners or investors for two years.
Ban PE-owned health care companies from receiving federal money from Medicare or Medicaid if they sell property to or receive property-based loans from a real estate investment trust (REIT). REIT transactions are a standard, financial manipulation practice for PE-owned hospitals and were a key factor in Steward Health’s rapid expansion and then bankruptcy.
Subject PE firms to greater oversight and disclosure requirements. Cerberus Capital Management, the PE firm behind the Steward health care bankruptcy and debacle, would not have been able to withhold financial information from health care oversight agencies and from Congress – as it continues to do today.

I urge you to contact your U.S. Representative and Senators to ask them to support the Stop Wall Street Looting Act. Private equity’s model of vulture capitalism needs to be reined in before more patients, customers, employees, and communities are harmed. You can find contact information for your US Representative at http://www.house.gov/representatives/find/ and for your US Senators at http://www.senate.gov/general/contact_information/senators_cfm.cfm.

The PE industry and its allies will, of course, strenuously oppose this legislation, as they have since it was first introduced in Congress in 2019. For example, during the 2021-2022 election cycle, the PE industry donated almost $350 million to federal election candidates and committees.

If you need any convincing of the need to stop the vulture capitalism of the PE model of business financial manipulation, my next post will present some recent examples of PE ownership and the detrimental effects it’s had. It will also share an overview of the PE model.

[1] Office of Senator Warren, 10/10/24, “Warren, lawmakers renew legislative push to stop private equity looting,” Press release (U.S. Senator Elizabeth Warren | Warren, Lawmakers Renew L…) and (Stop Wall Street Looting Act One Pager)

SHORT TAKES ON IMPORTANT STORIES 2/1/24

These short takes highlight important stories that have gotten little attention in the mainstream media. They provide a quick summary of the story, a hint as to why it’s important, and a link to more information.

The U.S. economy is performing better than any other major economy in the world. Workers’ wages have grown 2.8% over the last four years after adjusting for inflation. The overall economy is 7% larger than before the pandemic and unemployment has been at record lows. Inflation is down to a benign 2% and consumer spending, which drives the U.S. economy, is growing. This isn’t just happenstance; it’s been fueled by pandemic relief measures and economy-stimulating legislation passed by Democrats in Congress and the Biden Administration. The success of these policies suggests that in future economic downturns, stimulative spending (i.e., fiscal policy) may well be more effective in reviving the economy than the Federal Reserve’s adjustment of interest rates (i.e., monetary policy). (Lynch, D. J., 1/28/24, “You don’t have to look far for the world’s best economic recovery because it’s happening here. What is going on in the US?” The Boston Globe from The Washington Post)

In February 2023, a train derailed in East Palestine, OH, and created a toxic nightmare. The railroads promised to operate more safely and Congress promised to pass legislation to prevent future accidents. However, derailments have increased and no legislation has been passed. Congressional legislation, the Railway Safety Act, has been opposed by lobbyists for the railroads. (Eavis, P., 1/28/24, “Since Ohio train derailment, accidents have gone up,” The Boston Globe from the New York Times)

The Consumer Financial Protection Bureau (CFPB) has proposed limiting the overdraft fees big banks can charge. The proposal, which will probably take a year or two to finalize and go into effect, would reduce the $35 overdraft fee that’s the current standard to between $3 and $14 or just enough to cover banks’ costs. The proposal would only apply to the 175 largest banks (out of about 9,000), but those banks collect about 2/3 of all overdraft fees. In 2022, consumers paid $7.7 billion in overdraft fees; the CFPB’s proposal would save bank customers about $3.5 billion a year. CFPB will be accepting public comments until April 1. (Crowley, S., 1/17/24, “Consumer bureau proposes overdraft fee limits for large banks,” The Boston Globe from the New York Times; The CFPB website: CFPB Proposes Rule to Close Bank Overdraft Loophole that Costs Americans Billions Each Year in Junk Fees)

Republicans in 15 states are refusing to provide federally-funded food to 8 million very low-income children this summer when they don’t get free meals at school. In 2022, roughly one out of every six households with children did not have enough food (17.3%). This was up almost 50% from 2021 due to the end of emergency food assistance, which was a response to the pandemic. The states refusing the federal funding are: Alabama, Alaska, Florida, Georgia, Idaho, Iowa, Louisiana, Mississippi, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, Vermont, and Wyoming. (Gowen, A., 1/10/24, “Republican governors in 15 states reject summer food money for kids,” The Boston Globe from the Washington Post)

A record 20 million people have enrolled in health insurance under the Affordable Care Act (aka Obama Care) this year. This is up 25% over last year’s record of 16 million and is at least in part due to increased subsidies for health insurance’s costs. The need for and popularity of federally subsidized health insurance grows, despite Republican attempts to reduce the subsidies and statements denigrating the Affordable Care Act. (Weiland, N., 1/22/24, “20m signed up for Obamacare for the new year,” The Boston Globe from the New York Times; Weiland, N., 12/21/23, “Americans are signing up for Obamacare in record numbers,” The Boston Globe from the New York Times)

Intuit Inc., the maker of the Turbo Tax software for doing income tax returns, has lobbied aggressively against the IRS creating an easy, free, on-line system for Americans to file their income tax returns. It has claimed such a system would be too expensive and not a good use of taxpayers’ money. The IRS has estimated that it would cost between $64 and $249 million annually for it to offer a free E-filing system. Intuit got a federal research tax credit of $94 million in 2022, which would roughly pay for the cost of the free IRS filing system. (Business Talking Points, 1/4/24, “Lawmakers say break for Intuit could have financed free government tax filing program,” The Boston Globe from Bloomberg News; Senator E. Warren, 1/3/24, “Warren, Blumenthal, Sanders, Porter probe massive tax breaks received by Intuit while company fights free tax filing for millions of Americans”)