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    Astra investigating ‘potential illegal short selling’ as delisting deadline looms

    Spacecraft engine manufacturer and small rocket builder Astra announced on Friday that the company is investigating “potential illegal short selling.”
    The company said it hired financial software firm ShareIntel to assist with its review of “suspicious, aberrant or unusual trading activity.”
    The announcement comes as Astra faces a delisting deadline of April 4, issued by the Nasdaq last year.

    Astra CEO Chris Kemp speaks inside the company’s headquarters during the company’s “Spacetech Day” on May 12, 2022.
    Brady Kenniston / Astra

    Spacecraft engine manufacturer and small rocket builder Astra announced on Friday that the company is investigating “potential illegal short selling” among shareholders of its common stock.
    The company said it hired financial software firm ShareIntel to assist with its review of “suspicious, aberrant or unusual trading activity.”

    “Astra remains committed to protecting our investors and maximizing stockholder value,” Chairman and CEO Chris Kemp said in a statement.

    Sign up here to receive weekly editions of CNBC’s Investing in Space newsletter.

    The announcement comes as Astra faces a delisting deadline issued by the Nasdaq last year. With shares at 47 cents as of Friday’s open, Astra has until April 4 for its stock price to return above $1 a share for at least ten consecutive business days, or it would receive a Nasdaq delisting notice. If that happens, Astra is able to appeal the delisting before a Nasdaq hearings panel.
    Astra is expected to report fourth-quarter results after market close on Mar. 30.

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    Silicon Valley Bank drops another 60%, weighs on the bank sector again

    Shares of Silicon Valley Bank, tumbled for a second day Friday and weighed on the entire banking sector again on concern that more banks would incur heavy losses on their bond portfolios.
    Concern among founders and venture capital investors spiked earlier this week after Silicon Valley Bank surprised the market by announcing late Wednesday it needed to raise $2.25 billion in stock.
    The shares were down another 61% in premarket trading Friday.

    Shares of SVB Financial Group, known as Silicon Valley Bank, tumbled for a second day Friday and weighed on the entire banking sector again on concern that more banks would incur heavy losses on their bond portfolios.
    SVB’s CEO Greg Becker held a call with clients Thursday afternoon to calm their fears after a 60% tumble in the stock, CNBC has learned. The shares were down another 61% in premarket trading Friday.

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    The SPDR S&P Regional Banking ETF was off another 2.6% Friday in premarket trading following an 8% tumble on Thursday. The Financial Select SPDR Fund was down by 0.8% following a 4% decline on Thursday. Signature Bank, which is known to cater to the crypto sector, was off 10% in premarket trading following a 12% tumble Thursday. First Republic Bank was off 18% following a 17% tumble on Thursday.
    Major banks were also under slight pressure with JPMorgan Chase shedding 0.4% early Friday after tumbling 5% on Thursday.
    “Current pressures facing SIVB are highly idiosyncratic and should not be viewed as a read-across to other banks,” wrote analysts Manan Gosalia and Betsy Graseck with Morgan Stanley in a note Friday.

    Negative shock

    Concern among founders and venture capital investors spiked earlier this week after Silicon Valley Bank surprised the market by announcing late Wednesday it needed to raise $2.25 billion in stock. The bank had been forced to sell all of its available-for-sale bonds at a $1.8 billion loss as its startup clients withdrew deposits, it said.
    That news, coming on the heels of the collapse of crypto-focused Silvergate bank, sparked another wave of deposit withdrawals Thursday as VCs instructed their portfolio companies to move funds, according to people with knowledge of the matter.

    SVB customers said they didn’t gain confidence after Becker urged them to “stay calm” in a call Thursday afternoon, and the stock’s collapse continued unabated, reaching 60% by end of trading.
    The mounting pressures on SVB prompted hedge fund billionaire Bill Ackman to speculate that if private investors can’t help shore up confidence in the California lender, a government bailout could be next.

    ‘Idiosyncratic pressures’

    SVB said in a letter Wednesday that it sold “substantially all” of its available-for-sale securities made up of mostly U.S. Treasurys.
    The bank also previously reported more than $90 billion in held-to-maturity securities, which wouldn’t necessarily incur losses unless it was forced to sell them before maturity to cover fleeing deposits. As the Federal Reserve consistently raises interest rates, it is lowering the value of Treasuries. For example, the iShares 20+ Treasury Bond ETF, which is made up of longer maturity Treasuries, is down 24% in the last 12 months.
    Investors are also worried about lack of support from Silicon Valley Bank’s funding base of tech start-ups, an area hit hard from the slumping stock market and surging rates. Peter Thiel’s Founders Fund and other large venture capital firms asked its companies to pull their funds from SVB, Bloomberg News reported.
    “Falling VC funding activity and elevated cash burn are idiosyncratic pressures for SIVB’s clients, driving a decline in total client funds and on-balance-sheet deposits for SIVB,” wrote the Morgan Stanley analysts. “That said, we have always believed that SIVB has more than enough liquidity to fund deposit outflows related to venture capital client cash burn.”
    SVB had a market value of $16.8 billion to end last week. On Thursday, the bank was worth $6.3 billion with that value set to drop even more when trading begins Friday.
    This is a developing story. Check back for updates.
    Correction: The Financial Select SPDR Fund declined 4% on Thursday. An earlier version misstated the day.

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    European banking stocks sink as Silicon Valley Bank jitters spread

    The Euro Stoxx Banks index was on pace for its worst day since June, down almost 4% at 1 p.m. London time, led by a decline of over 7% for Deutsche Bank.
    Societe Generale, HSBC, and Santander all fell more than 5%.
    Silicon Valley Bank is heavily focused on startup firms. The 40-year-old company was forced into a fire sale of its securities on Wednesday.

    European banking stocks sold off sharply Friday as jitters surrounding U.S. bank SVB Financial — which plunged 60% Thursday — spread around the world.
    It followed an announcement by the tech-focused lender of a capital raise to help offset bond sale losses.

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    5 hours ago

    12 hours ago

    The Euro Stoxx Banks index was on pace for its worst day since June, down almost 4% at 1 p.m. London time, led by a decline of over 7% for Deutsche Bank. Societe Generale, HSBC, and Santander all fell more than 5%.
    Silicon Valley Bank is heavily focused on startup firms, particularly venture-backed tech and life sciences companies in the U.S. The 40-year-old company was forced into a fire sale of its securities on Wednesday, dumping $21 billion worth of holdings at a $1.8 billion loss while raising $500 million from venture firm General Atlantic, according to a financial update.
    The company said in a letter from CEO Greg Becker on Wednesday that it had sold “substantially all” of its available-for-sale securities and was aiming to raise $2.25 billion through common equity and convertible preferred shares.
    The U.S. Federal Reserve has hiked interest rates aggressively over the past year, which can cause long-dated bond values to fall, and SVB plans to reinvest proceeds from its sales into shorter-term assets.
    Billionaire investor and Pershing Square CEO Bill Ackman said in a tweet late Thursday that should SVB fail, it could “destroy an important long-term driver of the economy as VC-backed companies rely on SVB for loans and holding their operating cash.”

    “If private capital can’t provide a solution, a highly dilutive gov’t preferred bailout should be considered,” he added.

    Russ Mould, investment director at British investment platform AJ Bell, said SVB’s announcement should not have come as a “major surprise” after a period in which “appetite from lenders and investors towards this part of the market has dried up.”
    “However, in a heavily interconnected banking industry it’s not so easy to compartmentalise these sorts of events which often hint at vulnerabilities in the wider system. The fact SVB’s share placing has been accompanied by a fire sale of its bond portfolio raises concerns,” Mould said via email.
    “Lots of banks hold large portfolios of bonds and rising interest rates make these less valuable — the SVB situation is a reminder that many institutions are sitting on large unrealised losses on their fixed-income holdings.”
    Bank of America noted that the declines in U.S. bank stocks overnight reflected concerns that deposit outflow may lead lenders to sell bonds at losses. However, in contrast to specialist California-based banks, which have seen major withdrawals, BofA strategists said European bond deposits are stable but stagnant, while cash deposits have grown.
    “European banks did not assume rapid deposits inflows to remain stable permanently, and therefore did not invest them out the curve,” the Wall Street giant said in a note Friday.
    “There is nothing new in banking. We note that HSBC for example saw meaningful drawdowns in capital during 1H 22 from bond marks. It is now enjoying strong, net interest income growth and the pull to par of those bonds. If one’s bank remains stable, higher rates remain very much a good thing, we think.”

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    Stocks making the biggest moves premarket: SVB Financial, Allbirds, DocuSign and more

    Signage outside Silicon Valley Bank headquarters in Santa Clara, California, US, on Thursday, March 9, 2023.
    David Paul Morris | Bloomberg | Getty Images

    Check out the companies making headlines in early morning trading.
    SVB Financial — Shares of the company known as Silicon Valley Bank extended their big slide, falling more than 40% in early morning trading after the company Thursday announced a plan to raise more than $2 billion in capital to help offset losses on bond sales. The news weighed on the entire banking sector for a second day, with First Republic Bank losing 7.5% in the premarket and crypto focused Signature Bank down 4%. Zions Bancorporation fell 2%. In the previous session, SVB finished down 60%.

    Allbirds — Shares of the footwear retailer plummeted more than 22% after the company failed to post year-over-year quarterly sales growth for the first time in its history. Allbirds also unveiled a broad transformation strategy and an executive shake-up.
    DocuSign — The electronic signature platform dropped nearly 14% despite an earnings and revenue beat. However, DocuSign announced CFO Cynthia Gaylor would step down later this year. The stock was also downgraded by JPMorgan to underweight from neutral. The firm cited deteriorating demand trends, potential competition from Microsoft and Gaylor’s departure.
    Oracle — The software company dropped 4.9% after revenue for its latest quarter missed analysts’ expectations. Oracle posted $12.4 billion, compared with Wall Street’s estimates of $12.42 billion, according to Refinitiv.
    Gap — The apparel retailer saw its shares drop more than 7% after it announced a big quarterly loss, declining sales and a series of executive changes. It also issued weaker-than-expected guidance for its first quarter and full-year revenue, according to Refinitiv.
    Vail Resorts — The stock lost 2% following a mixed financial report for its second fiscal quarter and weak guidance that included earnings that fell short of analysts’ estimates. The company’s guidance on net income and adjusted EBITDA for the year leading up to July also came in under analysts’ expectations.

    Roblox — Shares climbed 2.9% after Jefferies upgraded Roblox to buy from hold. The Wall Street firm said it’s confident the online gaming platform will continue to show strong growth in spite of macro pressures.
     — CNBC’s Sarah Min, Michelle Fox, Alex Harring and Jesse Pound contributed reporting

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    Consumer spending in China isn’t surging back yet, companies say

    Consumer spending is recovering in an imbalanced way, meaning it will likely take until the second half of the year for the speed of recovery to improve, Lei Xu, CEO and executive director of e-commerce giant JD.com, said in an earnings call Thursday.
    JD’s description of a tepid recovery in China’s consumer market follows similar comments from Alibaba CEO Daniel Zhang.
    Official data on retail sales for January and February is due out Wednesday.

    A JD.com courier drives past the Zaha Hadid-designed Galaxy Soho complex in Beijing, China, on Saturday, Feb. 18, 2023.
    Bloomberg | Bloomberg | Getty Images

    BEIJING — China has yet to see a strong rebound in consumer spending, according to major companies.
    Consumer spending is recovering in an imbalanced way, which means it will likely take until the second half of the year for the speed of recovery to improve, Lei Xu, CEO and executive director of e-commerce giant JD.com, said in an earnings call Thursday.

    He said it will take time for the government’s stimulus measures to show up in consumers’ income and confidence.
    JD reported Thursday a 7.1% increase in net revenue in the fourth quarter to 295.45 billion yuan ($42.8 billion). That’s below expectations for 296.2 billion yuan, according to Reuters.
    JD’s shares dropped by more than 11% in Hong Kong trading Friday. The company’s U.S.-listed shares closed more than 11% lower overnight.

    Stock chart icon

    JD.com share performance over the last 12 months

    Many investors were disappointed by JD’s net margin of 2.7%, William Ma, chief investment officer of Grow Investment Group, said Friday on CNBC’s “Squawk Box Asia.”
    Ma expects margins could fall to around 1% due to competition in China’s consumer market. He pointed out that JD on Thursday did not indicate it would stop subsidies — after launching a 10 billion yuan subsidy program earlier this year.

    Official data released this week showed China consumer prices rose by a muted 1% in February compared to a year ago.
    The greater-than-expected softness in the consumer price index “casts doubt on the strength of domestic demand recovery in the household sector,” Zhiwei Zhang, president, Pinpoint Asset Management, said in a note. “It is puzzling to me as it contradicts with other data points that suggest the recovery of domestic demand is quite strong.”

    Covid controls and a real estate slump dragged down China’s economy last year, weighing heavily on consumer and business sentiment.
    Beijing ended its Covid controls late last year. Many consumers rushed to shop and travel during the Lunar New Year in late January.
    But JD is not alone. Comments from Alibaba CEO Daniel Zhang last month also pointed to a tepid recovery in China’s consumer market.
    Online sales remained weak this year through early February, Zhang said during a quarterly earnings call in February.
    However, he said some categories started seeing a recovery last month Businesses want to work hard to recover from the losses of the last three years, Zhang said.
    Alibaba shares traded more than 3% lower Friday in Hong Kong.

    Adidas’ outlook for China

    Non-Chinese companies such as Adidas are also cautious about the near-term outlook for Chinese consumer spending.
    CEO Bjorn Gulden told analysts in an earnings call this week he doesn’t expect the China market to turn around this year and be a huge contributor to sales.
    In the medium term, however, he expects China will be a growth driver for the company again.
    Adidas’ Greater China sales plunged by 36% last year on a currency-neutral basis to 3.18 billion euros ($3.37 billion).

    Read more about China from CNBC Pro

    On Sunday, China announced a relatively conservative economic growth target of around 5% for the year. Officials subsequently said boosting consumption was a priority and that they expect it would be a driver of overall growth. But they noted recovery in the sector continues to face restraints.
    Official data on retail sales for January and February is due out Wednesday.
    Chinese consumer e-commerce Meituan and Pinduoduo have yet to say when they will release earnings for the latest quarter.

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    Allbirds admits missteps, unveils new strategy after brutal holiday quarter

    Allbirds missed Wall Street’s expectations on the top and bottom lines.
    The footwear retailer acknowledged its results were disappointing and announced a broad transformation strategy.
    The company said it failed to focus on the core consumer group and plans to realign its focus this year.

    A woman walks past an Allbirds store in the Georgetown neighborhood of Washington, D.C., on Tuesday, Feb. 16, 2021.
    Al Drago | Bloomberg | Getty Images

    Footwear retailer Allbirds on Thursday unveiled a broad overhaul of its strategy and an executive shake-up after failing to post year-over-year quarterly sales growth for the first time in its history.
    Shares of Allbirds plummeted during off-hours trading. As of Thursday’s close, shares of the company have fallen 3.5% so far this year to $2.36, giving it a market value of $352.5 million.

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    The retailer, which had been in the process of a broad brick-and-mortar expansion that it’s now winding down, was candid about its failures. The company is betting its new strategy will reignite growth, improve capital efficiency and drive profitability in the coming years. 
    “While we made important progress, the year came to a challenging close, with results below our expectations due to both execution and macro challenges,” Joey Zwillinger, Allbirds’ co-founder and co-CEO, said in a statement. “We need to improve performance.” 
    The company said its most recent quarter was hurt by a “disappointing” holiday season. Results fell short of Wall Street’s expectations on the top and bottom lines.
    Here’s how Allbirds did in its fourth quarter compared with what Wall Street was anticipating, based on a survey of analysts by Refinitiv:

    Loss per share: 17 cents vs. 12 cents expected
    Revenue: $84.18 million vs. $96.8 million expected

    For the three months ended Dec. 31, Allbirds net loss widened to $24.87 million, or 17 cents a share, from $10.44 million, or 9 cents a share, a year earlier. Sales were $84.18 million, down more than 13% from $97.22 million year over year. 

    While full year net revenue increased by 7% to $297.77 million, Allbirds’ net losses in its first full year as a public company ballooned to $101.35 million, more than double the $45.37 million in losses it recorded in 2021. 
    Gross margins in the quarter decreased to 43.1% compared to 50.2% in the year-earlier period as selling, general and administrative expenses jumped to $41.6 million, compared to $36.7 million in the fourth quarter of 2021. 

    What went wrong?

    The shoemaker said its poor performance can be attributed to a series of missteps, including its decision to shift away from its core consumer by introducing products that deviated form that base, including technical performance running products geared for elite athletes. 
    Following the successful launch of its Dasher running shoe, the company decided to penetrate deeper into the high-performance category with products like the Flyer. But Allbirds’ customers just weren’t “ready for us to serve them in that area,” Zwillinger told CNBC in an interview Thursday. 
    “As we made those adjacent product development decisions, we unfortunately lost a bit of sight of what our core consumer fell in love with us for in the first place and what they continue to want from us,” Zwillinger said. 
    “And unfortunately, as you have limited resources, we expended our marketing dollars and our product-development resources on those adjacencies and didn’t do as much work on embellishments of the core franchise and revitalizing those franchises to keep them extremely relevant with the core consumer.” 
    Those missteps coupled with a “very promotional” holiday season led the company to miss expectations, Zwillinger said. 
    “We just saw those culminating in a way that just came together and put a compound effect and had us miss expectations, which was really disappointing for us,” he said. 

    Transformation strategy

    The company also made a series of changes to its executive leadership and board of directors. 
    Chief Financial Officer Mike Bufano will be stepping down. Annie Mitchell, who previously worked at Gymshark and Adidas, will be taking his place. 
    Allbirds also hired a new head of stores for North America, eliminated its chief commercial officer position and appointed former Nike executive Ann Freeman to its board. Eric Sprunk, the former chief operating officer of Nike, has also been appointed as a board advisor.
    Allbirds outlined several focus areas it plans to drill down on in 2023. It also hired a chief transformation officer — former Juul Labs executive Jared Fix — to lead the charge. 
    The company plans to reconnect with its core consumer by focusing specifically on the products those customers want and offering a more curated seasonal color offering that’s gender specific. 
    It will also slow the pace of Allbirds store openings in the United States and continue to partner with wholesalers — such as REI, Nordstrom and Dick’s Sporting Goods — to enhance brand awareness and boost sales. 
    In 2022, the company opened 19 new stores in the U.S. As of the end of December, Allbirds had 58 total stores, 42 in the U.S. and 16 abroad. In 2023, it plans to open just three new stores in the U.S. in locations for which it signed leases in early 2022. 
    The company is also revisiting its go-to-market strategy in certain international markets and is considering moving toward a distributor model to reduce operating expenses and overall complexity. 
    Its final area of focus will be enhancing gross and operating margins by transitioning to a single manufacturing partner in Vietnam. 
    Read the full earnings release here.
    Correction: Allbirds posted a net loss of 17 cents a share in the latest quarter. An earlier version of the story said the loss was adjusted.

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    In just a few minutes this week, Powell changed everything on market’s view of interest rates

    Federal Reserve Chairman Jerome Powell set out a new paradigm for how the central bank views its policy path, one that apparently will see even higher interest rates for a longer period of time.
    Markets now strongly expect a half-point increase in March and the peak, or terminal rate, to hit close to 5.75% before the Fed is finished.
    What changed was the January inflation data, plus signs that the labor market remains remarkably strong despite the Fed’s efforts to slow it down.

    Federal Reserve Chair Jerome H. Powell testifies before a House Financial Services hearing on “The Federal Reserve’s Semi-Annual Monetary Policy Report” on Capitol Hill in Washington, U.S., March 8, 2023.
    Kevin Lamarque | Reuters

    Federal Reserve Chairman Jerome Powell’s prepared speech this week to Congress took just a few minutes, but it changed everything.
    In those remarks, the central bank leader set out a new paradigm for how the Fed views its policy path, one that apparently will see even higher interest rates for a longer period of time than previously thought.

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    The aftermath has forced the market, which long had been looking for the Fed to blink in its inflation fight, to recalibrate its own views to coincide more with policymakers who have been warning about a higher-for-longer approach to interest rates.
    “We have clearly had a choreographed chorus of Fed speakers for two weeks that was getting us to that place,” said Art Hogan, chief market strategist at B. Riley Wealth Management. “It took Jay Powell, over the course of a very brief prepared statement and a Q&A, to get those expectations cemented into a higher place.”
    As part of his mandated semiannual testimony on monetary policy, Powell spoke Tuesday before the Senate Banking Committee then the day after to the House Financial Services Committee.

    Heading into the appearances, markets had been looking for the Fed to raise its benchmark interest rate by 0.25 percentage point at its meeting later this month, then perhaps two more moves before stopping, with the end point around 5.25%.
    That changed after Powell’s appearance, during which he cautioned that if inflation data remains strong, he expects rates to go “higher than previously anticipated” and possibly at a faster pace than a quarter point at a time.

    Markets now strongly expect a half-point increase in March and the peak, or terminal rate, to hit close to 5.75% before the Fed is finished.

    When the facts change

    So what changed?
    Basically, it was the January inflation data plus signs that the labor market remains remarkably strong despite the Fed’s efforts to slow it down. That made Powell, who only weeks earlier had talked about “disinflationary” forces at play, switch gears and start talking tough again on monetary policy.
    “He’s adjusting to data coming in, which the entire board should be doing,” Hogan said. “If the facts change again through the February and March data, he’ll likely become flexible on that side and not push this too far to the point where they need to break something.”
    Indeed, Powell said he’ll be watching a pivotal array of upcoming data closely — Friday’s nonfarm payrolls report, followed by next week’s look at the consumer and producer price indexes.
    Goldman Sachs economists are holding to their forecast for a quarter-point hike at the March 21-22 Federal Open Market Committee meeting, but concede that it’s a “close call” between that and a half point.
    Should the Fed have to tilt in the more aggressive direction, Goldman warned in a client note that it could have market impacts, with stocks selling off “more sharply” and downward pressure on commodities, plus upward pressure on the dollar.
    Stocks tumbled Tuesday then again on Thursday as investors grew more nervous about the Fed’s future path. Thursday’s sell-off, however, did trigger a shift lower in terms of expectations for a half-point hike this month, down to 58% most recently, according to a CME Group estimate.

    Worries over consequences

    Powell faced some questioning this week over the Fed’s inflation-fighting strategies.
    Some more progressive legislators such as Sen. Elizabeth Warren, D-Mass., and Rep. Ayanna Pressley, D-Mass., charged that the rate hikes will result in 2 million layoffs and hurt working-class families disproportionately. Powell countered that inflation also is hammering those at the bottom end of the income spectrum.
    “This is what he is supposed to do,” Joseph Brusuelas, chief economist at advisory firm RSM, said of Powell’s evolving policy stances. “Jay Powell is a punching bag in Washington at this point. He’s going to take the blame for establishing price stability. If he does that well, in the years to come he’ll be venerated. People will speak very highly of him.”
    Brusuelas is among those who think the Fed should accelerate its inflation battle with a half-point rate hike.
    However, he said policymakers could be swayed by a potentially softer jobs report and inflation data next week that reverses course and shows price increases abating. Economists expect that payrolls grew by 225,000 in February, according to Dow Jones, and there’s widespread belief that January’s 517,000 surge will be revised down in this report, perhaps significantly.

    “The economy is just too resilient at this point,” Brusuelas said. “They need to generate sufficient labor slack to cool off the economy.”
    Slack was not evident in this week’s Labor Department report of job openings in January, which outnumbered available workers by a 1.9 to 1 margin.
    Data like that could push the Fed into even further tightening, according to economists at Nomura. The firm said future actions could include adjustments to the Fed’s program to slash its bond portfolio, with one option being to remove the $95 billion monthly reduction cap currently in place.
    For the moment, markets are continuing to price in higher rates.
    Though Powell made a special point Wednesday to emphasize that no decision has been made yet on the March rate move, markets essentially ignored him. Traders in the futures market were pricing in a terminal rate of 5.625% later this year, well above where it was before Powell spoke.

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    Prosecutors deny claim by Alec Baldwin’s lawyers that authorities destroyed gun in ‘Rust’ movie set shooting

    Alec Baldwin’s lawyers said that New Mexico authorities destroyed the firearm at the center of the “Rust” movie criminal case.
    Prosecutors disputed the claim, saying in a statement to CNBC that the gun is in evidence and “available for the defense to review.”
    Baldwin, charged with two counts of manslaughter, was holding the firearm that killed a “Rust” crew member but has denied he pulled the trigger.

    Hilaria Baldwin and Alec Baldwin speak for the first time regarding the accidental shooting that killed cinematographer Halyna Hutchins, and wounded director Joel Souza on the set of the film “Rust”, on October 30, 2021 in Manchester, Vermont.
    MEGA | GC Images | Getty Images

    New Mexico prosecutors denied the claim that Alec Baldwin’s lawyers made on Thursday that state authorities had destroyed the firearm that killed cinematographer Halyna Hutchins on the set of the movie “Rust.”
    “The court, I don’t think is aware of this point, but I think I should tell the court that the firearm in this case … was destroyed by the state,” Alex Spiro, one of Baldwin’s lawyers, said during a hearing Thursday. “That’s obviously an issue and we’re going to need to see that firearm, or what’s left of it.”

    Prosecutors didn’t respond to Spiro’s assertion during the hearing, but in a statement to CNBC said that Spiro’s claim is false.
    “The gun Alec Baldwin used in the shooting that killed Halyna Hutchins has not been destroyed by the state. The gun is in evidence and is available for the defense to review,” said Heather Brewer, spokesperson for New Mexico’s First Judicial District Attorney’s office.
     “The defense’s unexpected statement in the status hearing today that the gun had been destroyed by the state may be a reference to a statement in the FBI’s July 2022 firearms testing report that said damage was done to internal components of the gun during the FBI’s functionality testing. However, the gun still exists and can be used as evidence.” 
    Baldwin, star and producer of “Rust,” was holding the gun when it killed Hutchins. He has denied he pulled the trigger.
    Lawyers for Baldwin and the film’s original armorer, Hannah Gutierrez-Reed, appeared virtually at the Thursday status hearing. The defendants are charged with two different types of involuntary manslaughter following the October 2021 fatal shooting of cinematographer Halyna Hutchins. Both counts carry a maximum possible sentence of 18 months in prison. A jury will decide which of the two counts, if any, to convict on.

    The prosecution is already facing pressure for some mistakes it’s made since launching the criminal case just over a month ago. For example, the potential 18-month prison sentence is a lower penalty than Baldwin and Gutierrez-Reed were initially up against.
    Special prosecutor Andrea Reeb had originally mischarged Baldwin with a firearm enhancement that would add five more years to his sentence if convicted. Reeb admitted in emails to Baldwin’s lawyers that she had incorrectly applied that enhancement, which was not in effect at the time of the shooting.
    Baldwin’s lawyers filed a motion on Feb. 7 for Reeb to recuse herself from the case, which she rejected on Monday.
    Reeb is simultaneously serving as special prosecutor on the “Rust” case while serving as a Republican state legislator. New Mexico’s constitution prohibits a member of one branch of government from exercising the power of another branch.
    The DA’s office claimed in Monday’s court filings that because special prosecutors “do not fit squarely” within either the executive or judicial branch, the “logical conclusion” is that special prosecutors belong to neither branch. In their February motion, Baldwin’s lawyers had conversely argued that the power of prosecution cannot be neatly categorized as either executive or judicial because it falls into both branches.
    A hearing on the disqualification motion will is scheduled for March 27.

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