SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : Stockman Scott's Political Debate Porch -- Ignore unavailable to you. Want to Upgrade?


To: Jim Willie CB who wrote (1915)7/11/2002 11:41:46 PM
From: stockman_scott  Read Replies (1) | Respond to of 89467
 
Dollar takes beating against the yen

Message 17726321



To: Jim Willie CB who wrote (1915)7/11/2002 11:53:15 PM
From: stockman_scott  Read Replies (1) | Respond to of 89467
 
Cognitive dissonance

By Molly Ivins
Creators Syndicate
07.11.02

workingforchange.com

At least Bill Clinton never preached to us about chastity


AUSTIN, Texas—Well, President Bush made his big speech on corporate reform Tuesday, and the stock market went down by 178 points.

As predicted, Bush proposed stiffer penalties for bad apples, evildoers and perpetrators of "malfee-ance." Unfortunately, that won't fix the system.

Much as one would like to see many corporate executives doing time alongside hard-working stick-up artists, that leaves the systemic problems in place. Among the leading structural factors causing the cascading scandals are conflict of interest on the part of auditors who also get paid by their clients as consultants, conflict of interest on the part of stock analysts and their investment-banker bosses, abuse of stock options encouraged by not having to count their cost against earnings, and lack of oversight on accountants and insider loans—of the very kind Bush himself got at Harken. Bush addressed none of it.

Stiffer penalties for what is already illegal are not helpful when the problem is what is legal. Bush's effort to treat this as though it were simply a law 'n' order problem is not going to be effective.

Even the law 'n' order proposals are pretty pathetic. Bush wants the Securities and Exchange Commission to be able to punish corporate leaders "by banning them from ever serving as officers or directors of a public company." So if you rip-off your shareholders, destroy your workers' pensions and bail out just before the crash, taking your golden parachute with you—we'll never let you do it again! That and 20 lashes with a wet noodle, and now we're talking deterrence.

The idea of setting up financial crimes SWAT teams would have more appeal if it wasn't effectively saying, "Don't worry about a thing -- we're putting John Ashcroft in charge." Great, there won't be an uncovered breast to be found anywhere in corporate America. (Just because I can't resist it, the obvious line about Ashcroft's 13-month investigation that netted 12 hookers in New Orleans is, "How'd he miss the other 10,000?")

Increasing the SEC's budget by $100 million sounds like a nice round number, but even the toothless House Republican bill includes almost three times that size—$296 million. Given that the beleaguered agency is understaffed, under-financed, outgunned and outmanned, we could consider spending more than the price of one of our bad helicopters on it.

SEC personnel notoriously make less than those at other government agencies. On top that, they've got Harvey Pitt for a chairman. Pitt is the man who came in promising to make the SEC "a kinder and gentler place for accountants." Although Bush said "self-regulation is not enough," he did not address the need to create a strong oversight board to audit the auditors.

The rest of Bush's speech was a stern sermon on corporate ethics. Considering the source, it does raise the always-timely question, "Is God punishing us?" How much cognitive dissonance can one people put up with? If Bush wants to lecture us on physical fitness, that's fine, but please, not corporate ethics. At least Bill Clinton never preached to us about chastity.

I'm sure we could all use some moral rearmament, but in case you hadn't noticed, we have no shortage of public scolds in this country. The old Ethics Czar Bill Bennett has been at it for years, not to mention television preachers, radio psychologists, Newt Gingrich, curbside Freuds, backwoods Jeremiahs, Judge Bork, newspaper ethicists, etiquette consultants and the late Ann Landers. The country does not need another preacher: We need someone who can run the country. And that means someone bright enough to notice systemic problems in the financial markets.

Since the president proposes nothing to fix the problems—the speech was basically a cheap sop to our schadenfreude—we can look for the situation to continue to get worse. We are already seeing a major pullout from U.S. markets by foreign investors.

You may not recall this because the media were totally preoccupied with Monica Lewinsky at the time, but a few years ago about one third of the world's financial markets collapsed. A few citizens who were paying attention managed some thoughtful analysis of the problems, including the critical role of capital flight by foreign investors. The United States got itself quite an obnoxious reputation at the time for giving condescending and unsound advice, most of it via the World Bank, to the afflicted countries. Time to dig out those old lectures we used to read to others and study them carefully for their errors. It's our turn in the tank.



To: Jim Willie CB who wrote (1915)7/12/2002 12:11:05 AM
From: stockman_scott  Read Replies (2) | Respond to of 89467
 
Excerpt from Richard Russell's Dow Theory Letter...

<<...July 10, 2002 -- This could be the most important site I've written so far this year. So please read it carefully.

With rates low and staying low, with the stock market low and staying low ( low in price, not in values), the US is looking increasingly like Japan.

The great fear, as far as the Greenspan Fed is concerned, is DE-flation. Once the economy goes on the deflation path, it can get out of control -- meaning getting out of the Fed's control. The Fed is doing its part in fighting deflation. The Fed is fighting US and world deflationary forces with a massive increase in the money supply (and what else is new?).

However, for the real authority on inflation/deflation, I always turn to the bond market. No sector of the economy is more sensitive to the trend of inflation or deflation than bonds.

Today the bellwether 10-year note is yielding 4.73%. At the same time the TIPS, the inflation adjusted 10 year T-note, is yielding 3.11%. The differential has now dropped to 1.62. A few weeks ago it was 1.78. A year ago it was 2.20. Those sophisticated characters who buy and sell bonds are saying that the trend is toward LESS inflation. Some might even be so bold as to state that the trend is deflationary.

I've been stressing the fact that this nation is up to its eyeballs in debt. The government, the states, the counties, the cities are chock full of debt. The corporations are loaded with debt. American consumers are rolling in debt and taking on more debt even as you read this report. Never has any nation in world history taken on this much debt .

It's no secret that inflation is the debtors' best friend. Inflation makes it easier for debtors to service their debt with depreciating dollars.

Conversely, deflation turns debt into the living nightmare. During deflation dollars become scarcer and more valuable. And in the US where debt is king, a trend towards deflation could conceivably set off a debt melt-down.

A debt melt-down would be characterized by mass bankruptcies and a trend on the part of banks to be ultra-conservative. To put it another way -- deflation and a debt melt-down would be an utter disaster.

We've been watching the stock market deflate into its third year.

The stock market doesn't exist in a vacuum. The stock market moves first and the economy follows. One huge danger is that the stock market could be saying "deflation ahead. And the great fear is that what's been happening in the stock market could be happening in the economy -- a month, six months, a year from how.

This has got to be Greenspan's worst nightmare. Here he is, gunning the money supply for all its worth and he can't get the economy on the inflation path again. The culprit -- too damn much debt.

How do you get rid of debt? You pay it off (almost impossible now since it's still rising), you declare bankruptcy -- or you inflate it away.

It's obvious which method the Fed has chosen -- it's the method that we call -- inflation.

A few years ago I gave the problem an easy three word description. I called it --

INFLATE OR DIE.

I'm sorry to have to put it right there for everyone to see, because I'm afraid that some subscriber may send it to Mr Greenspan (and who knows, Greenspan may even read my sites), and if Greenie sees this simple description it's going to scare hell out of him. Not that he doesn't already know it, but to see it in print, why it's enough to cause him to lose what little hair he's got left.

So increasingly, I'm seeing this bear market as the Specter of the Death of Debt.

The bull market was all about growth and optimism and phony earnings and the phony "New Economy" and getting the price of your options up and rising price/earnings ratios.

This bear market will be all about balance sheets and crushing debt and collapsing earnings (but at least honest collapsing earnings) and rising pessimism and declining price/earnings ratios.

I've been drawing subscribers' attentions to the shocking collapse in the utility sector, and I've been puzzling about why the utilities have been caving in. My conclusion now -- the utilities are loaded with debt. Utilities are huge issuers of bonds. I think the reason the utilities are crumbling is that the market is fearful of their balance sheets -- TOO MUCH DEBT.

So here's my advice to subscribers -- get into as liquid position as possible. If you have a lot of debt, try to cut it down, try to get into a no-debt position.

One big problem is going to be housing, where millions of homes are financed by mortgages. And, in case you weren't aware of it, as far as the cold eye of the market is concerned, mortgages are simply a form of DEBT.

This, by the way, is why I'm not happy about REITS, this is the reason why I'm not happy about the way Fannie Mae and Freddie Mac are acting, this is the reason why I take the new low in the Confidence Index as a bearish omen. The Confidence Index is a barometer of credit conditions.

This is what I believe this bear market is all about. It's about the coming melt-down in debt.

And what's the most liquid form of pure intrinsic value? What the ONLY money that isn't somebody else's debt.

The answer again is a four-letter word -- GOLD.

People ask me how gold could possibly rise in a deflation. In a deflation where the viability of anything and everything could be in question -- the desired asset is cash, money. And the only money that is free of debt is GOLD. In a debt-melt down, the dollar price of gold could "go to the moon." Hey, you heard it here first, dear subscribers, you heard it here first...>>



To: Jim Willie CB who wrote (1915)7/12/2002 1:38:24 AM
From: stockman_scott  Respond to of 89467
 
Homes, Gold Attract Investors Seeking Alternative to Stocks

By Craig Torres

Washington, July 12 (Bloomberg) -- Falling stock prices, investigations of corporate deceit, and money-market funds that yield little more than inflation have pushed investors to real estate and precious metals as a shelter for their cash.

U.S. homebuyers are increasing down payments as a share of property values, and consumers are becoming reacquainted with gold pieces such American Eagles and Krugerrands. Bullion has won converts among younger Japanese investors, even as the government is trying to entice them into bonds with ads by a movie star.

Tangible assets such as homes may become even more attractive to U.S. investors, who this week saw the Standard & Poor's 500 Index drop to its lowest level since 1997. Bristol-Myers Squibb Co. joined the list of companies, including WorldCom Inc. and Adelphia Communications Corp., whose financial and accounting practices are under federal scrutiny.

``I want to be able to understand where my money is,'' says Martha Kumar, a political science professor at Towson University in Towson, Maryland, who recently made a down payment worth 36 percent of the value of her new home in Washington, D.C. ``In real estate, you can see that.''

Median down payments for repeat home buyers are up to an average of 25 percent of U.S. home values, compared with 19 percent in 1999, according to the National Association of Realtors, a Washington-based trade group.

More Americans are seeking the comfort of precious metals as well. This week, a banker bought 1,524 one-ounce American Gold Eagle coins, worth about $500,000, says Michael Kramer, head trader at Manfra Tordella & Brookes Inc., a metals dealer in New York.

First Profit in Years

``One guy is buying 200 to 300 ounces of gold a week,'' Kramer says. Many people started picking up bullion at below $300 per ounce earlier this year, he says, so ``it is the first time in years that somebody has been able to have a profit.''

At FH Coins & Collectibles, a dusty, standing-room-only shop crammed with old porcelain and crystal as well as coins on New York's Upper East Side, owner David Heller says people are calling up or walking in off the street three out of five days a week and asking how to buy gold. Usually, he sells them American Eagle, Canada Maple Leaf, or South African Krugerrand coins.

``A year ago, you couldn't give it away,'' he says. Gold, which doesn't pay dividends, was trading below $300 an ounce and ``you couldn't interest anybody in buying.''

Demand at his shop now is almost as strong as it was in 1999, when investors hoarded gold on fears that the arrival of Jan. 1, 2000 would cause computers to malfunction and throw business into chaos. ``With everything going on in the economy, people want something substantial,'' he says.

Gold Highest Since 1997

Gold for August delivery rose June 4 to $328.80 an ounce, the highest closing price for the metal since October 1997. Back then, stocks had tumbled in reaction to a slump in Asian economies. Last month, investors were concerned that India and Pakistan were going to war. A year ago, gold fetched $266.

Few analysts expect gold, trading at more than $310 since mid- May, to exceed $400 an ounce this year. Sales of jewelry, the largest consumer, have declined. And central banks, which hold about one-fourth of above-ground reserves, continue to sell.

The gold market, ``has an 800-pound gorilla in it and that is the world central banks,'' says Joseph Haubrich, an economist at the Fed Bank of Cleveland. Holdings have declined from an estimated 45.8 percent of total government reserves in 1985 to an estimated 12.2 percent in 2001.

Japan: `The Longest Streak'

The recent price gains are attracting investors in Japan who have few other investment options. Bank deposits yield 0.01 percent, and land prices are down 75 percent since 1991. An additional blow came in May when Moody's Investors Service lowered the government bond rating to below Botswana's. The government has hired movie star Norika Fujiwara to market the securities.

``People just don't have any place to put their money,'' says Hitoshi Kosai, general manager at the precious metals division of Tanaka Kikinzoku Kogyo, the country's largest bullion dealer. Japanese started buying bullion after Sept. 11, and haven't stopped, Kosai said.

``This is the longest streak for a gold boom in Japan,'' he says. ``Usually, they end after a month.''

Japanese investments in gold bullion and coins rose to 47.5 tons, or about $487 million, in the first quarter, almost a fourfold increase from a year earlier, says the World Gold Council, a Geneva-based trade group.

In the U.S., homes continue to trump gold and other precious metals as the investment of choice for those diversifying into tangible assets.

Record U.S. Home Sales

U.S. home buyers are being helped by low borrowing costs, with rates averaging less than 7 percent on conventional, 30-year mortgages since the start of 2001, compared with more than 8 percent in 2000. Home sales will probably set a record this year, says Fannie Mae, the largest buyer of U.S. home mortgages.

Typically, homes and precious metals are snapped up in inflationary times because they hold their value. Indeed, gold reached a high of $834 an ounce in January 1980 after a year in which U.S. consumer prices rose 13.3 percent. By comparison, U.S. consumer prices were up 1.2 percent in May from a year earlier. Low inflation is also a reason why U.S. Treasury securities remain a popular haven for cash.

Gold-stock funds in the U.S. received $760 million in new cash in the first five months of the year, representing a 39.4 percent rise over year-end asset levels for those funds, according to Lipper Inc., a mutual fund analysis firm.

Demand for gold bullion and coins in the U.S. was 2.8 tons, or approximately $28.7 million, in the first quarter, according to the World Gold Council, a rise of 13 percent over the first quarter of 2001.



To: Jim Willie CB who wrote (1915)7/12/2002 1:43:05 AM
From: stockman_scott  Respond to of 89467
 
Homes Remain Rogue Executives' Castles Under Loophole


By Jackie Spinner
Washington Post Staff Writer
Friday, July 12, 2002

Corporate wrongdoers could no longer file for bankruptcy to avoid civil fines and lawsuit claims from bilked shareholders under a provision of the proposed accounting reform bill making its way through the Senate.

But a long-standing legal loophole could make it difficult for regulators and courts to use that provision, assuming it survives in the final legislation, to reach some of the wealthy executives at the center of corporate scandals that inspired the Senate provision.

Known as the unlimited homestead exemption, the loophole allows bankrupt debtors in six states, including Texas and Florida, to shield unlimited amounts of equity in luxurious estates such as the $15 million mansion that Scott D. Sullivan, the ousted chief financial officer of WorldCom Inc. is building in Boca Raton, Fla., and the $7 million penthouse that former Enron Corp. chairman Kenneth L. Lay owns in Houston.

Although neither Lay nor Sullivan have filed for bankruptcy protection from creditors or have been charged with securities violations, the exemptions could help protect them from the new legislation's tougher measures if their fortunes changed.

"The homestead exemption in Florida has been a magnet for affluent deadbeats and bad actors for years," said Travis B. Plunkett, legislative director of the Consumer Federation of America. "The fact that this mansion loophole exists just adds insult to injury to WorldCom investors."

Before disclosures of WorldCom's accounting troubles helped build bipartisan support in Congress for accounting reform, lawmakers in April tentatively agreed to restrict the homestead exemptions as part of a broader overhaul of the nation's bankruptcy law. But the effort stalled last month after House and Senate leaders failed to agree on other parts of the legislation in a private conference.

The compromise would have required an individual to own a home for at least 40 months before filing for bankruptcy protection and trying to use the unlimited exemption. Residents who own homes for less than 40 months would be allowed to shield $125,000 of equity. Individuals convicted of certain felonies or securities fraud in the 10 years before filing for bankruptcy could not claim the unlimited exemption.

"This would say that there's no way these head honchos in these companies under investigation would be able to hide their assets in their homes," said Sen. Herb Kohl (D-Wis.).

The Securities and Exchange Commission has charged WorldCom with fraud for allegedly booking $4 billion in routine expenses as long-term capital investments over five quarters.

Enron is under investigation by the SEC for its accounting treatment of partnerships it used to hide debt and losses. Lay is a defendant in shareholder lawsuits and was accused in an investigation by Enron's board of failing to maintain oversight of the company.

WorldCom fired Sullivan on June 24 and last week sued him to recoup a $10 million retention bonus he was paid. Sullivan is also named in at least one suit brought by shareholders. Earlier this week, he and former WorldCom chief executive Bernard J. Ebbers refused to testify before a House committee, citing their Fifth Amendment right against self-incrimination.

Sullivan, meanwhile, is building his mansion on a four-acre compound in an exclusive area of Boca Raton. The estate features an 18-seat movie theater, a swimming pool and cabana, a two-story boathouse, a guest house and two three-car garages with maid quarters on their second floors.

The architect, Randall Stofft of Delray Beach, Fla., said the project has been in the works for two to three years and is about 85 percent complete. Stofft declined further comment other than to say with a laugh, "It's still a nice house, isn't it?"

Sullivan's attorneys did not return calls seeking comment.

Legal experts said it probably does not matter that Sullivan, who owns a more modest home in a nearby Florida community, is not yet living in the mansion. Florida law does not require a debtor seeking to use the unlimited homestead exemption to live in the residence for a specified period.

"They only have to be a permanent resident of that property, and that's a judgment call," said Jeff Morris, a law professor at the University of Dayton. "Even if the paint isn't done, the courts would likely find that it is a homestead if the person intends to move there."

A Florida Supreme Court decision last year also allows individuals to avoid paying their debts by putting money into their homes even if the purpose is to defraud creditors.

The Florida homestead exemption has a long history of protecting wealthy debtors in bankruptcy.

Former Singer Co. chairman Paul Bilzerian, who was convicted of securities fraud in 1989, kept his Tampa mansion away from creditors and federal regulators trying to collect civil penalties after he filed for bankruptcy. Actor Burt Reynolds, who declared bankruptcy in 1996, got to keep his $2.5 million estate in Hobe Sound.

Kohl said he may try to propose the bankruptcy provision that covers corporate wrongdoers as a separate amendment to other legislation if the bankruptcy bill cannot be reconciled.

"Once we get it passed, Mr. Sullivan, Mr. Ebbers, Mr. Lay, none of these people would be covered," he said.

But some legal experts said the bankruptcy legislation would still contain loopholes for executives convicted of fraud.

Elizabeth Warren, a Harvard University law professor, said married couples could get around the law by transfering the property to a spouse.

And there are other ways to avoid having to pay, she said.

"I suspect a number of lawyers to the rich and infamous are carefully mapping out strategies to exploit the many, many loopholes tucked into the congressional compromise," she said.

© 2002 The Washington Post Company

washingtonpost.com



To: Jim Willie CB who wrote (1915)7/12/2002 2:11:34 AM
From: stockman_scott  Read Replies (1) | Respond to of 89467
 
Bush's Corporate Conduct

By E. J. Dionne Jr.
Washington Post Columnist
Friday, July 12, 2002

When President Bush spoke to cheering Wall Streeters this week, you almost expected him to take a leaf from another old pro and declare: "The era of big corporate power is over."

Bush's job was to launch a massive repositioning campaign. He and his fellow Republicans have long been unapologetic advocates of freeing corporations and their leaders from the obnoxious, officious meddling of government regulators. Suddenly, thanks to the scandals and the sagging stock market, CEO liberation is not such a hot idea. As often happens in a democracy, the leaders are racing to stay in front of the people.

But Bush's magic failed him, one of the few times it has since Sept. 11. The magic was gone for the most basic reason: In his heart of hearts, the president doesn't really believe that anything is systematically wrong with the way corporations are run and regulated. That's why the modest regulatory changes he proposed were aimed at stiffening penalties against a few bad actors, on the theory that most corporate leaders "do not cut ethical corners." Events are outpacing Bush, because while he wants to bow rhetorically before the new public god of corporate accountability, he doesn't really want to catch up with those who would write much tougher rules to change the incentives for accountants, CEOs and corporate board members.

And so, while senators of both parties were voting to stiffen Sen. Paul Sarbanes's corporate reform measure, Treasury Secretary Paul O'Neill came out against the new system to regulate accounting that is the heart of the Maryland Democrat's bill. Rarely has the clash between Bush's well-wrought public rhetoric and his actual policy preferences been so obvious.

The fact that there is a substantive -- one can even say principled -- difference between Bush and the Democrats on the matter of corporate accountability is one reason why this issue has a long shelf life. A second is the sudden relevance of the corporate careers of Bush and Vice President Dick Cheney.

Yesterday's newspapers offered a taste of what is to come with a report that, as a director of Harken Energy Corp., Bush received the very kind of insider loans that he condemned in his Wall Street speech. The news was relevant not because the president did anything illegal but because he has embraced high ethical standards against insiderism. Everything that Bush did as a businessperson, and everything that Cheney did as CEO of Halliburton, the oil services company, will thus be judged not only by legal standards but also by Bush's own, newly minted standards. This increases pressure on Bush and Cheney to reach into their respective pasts and disclose, disclose, disclose.

Behavior that's legal can become questionable when ethical norms change, and this scandal is producing a new ethic for CEOs. Much of the behavior being condemned these days was fostered by the business culture that took hold in the go-go years of the 1980s and 1990s.

Corporate execs once felt constrained by a community-minded spirit bred by the nation's shared experience of the Depression, the New Deal and World War II. In such a climate, CEOs thought it wise not to grab for every last dollar. To some degree, O'Neill himself is part of this old school. But since the 1980s, those who allowed their personal compensation to be constrained were seen as fools and fogies who just didn't "get" the post-1970s capitalist world.

The brilliant, business-school-educated sharp guys came up with exceptionally inventive ways to hide losses and evade taxes. CEOs and corporate boards who resisted these new ways were seen as over the hill. You wonder: Have those sharp guys been dumping stocks because they know what is hidden in the books?

What finally makes this business scandal more than a short-term obsession is a new split among leading actors in the business community. Investors, it turns out, have interests sharply at odds with those of CEOs and even corporate boards. That's why investors, on the whole, responded less favorably to Bush's speech than the CEOs did. And the shrewdest corporate leaders favor tough reforms so that America's markets can regain public confidence -- especially the confidence of foreign investors who might accelerate their flight from the dollar.

Large-scale reform almost never happens unless some part of the business community supports it. Life is always awkward for pro-business Republicans when the business community splits on a major public question. Bush is dealing with the toughening of corporate ethics, a new tide for reform, a shaky market and a divided business community -- all in the context of his own past. No wonder he's had a hard week.

© 2002 The Washington Post Company

washingtonpost.com



To: Jim Willie CB who wrote (1915)7/12/2002 2:45:26 AM
From: stockman_scott  Respond to of 89467
 
Real Reform: What Bush Might Have Said
--------------------------------------------------------
By FLOYD NORRIS
The New York Times
July 12, 2002

Real Reform: What Bush Might Have Said

Following is a speech that might have gotten a better market reception than the one President Bush actually gave this week.

I'VE come to the financial capital of the world to speak of a serious challenge to our financial markets, and to the confidence on which they rest. The misdeeds now being uncovered in some quarters of corporate America are threatening the financial well-being of many workers and many investors.

The lure of heady profits of the late 1990's spawned abuses and excesses. At first, when the current wave of scandals began to appear, I thought it was just a matter of a few bad apples — a problem that needed little response from the federal government save for vigorous investigation by the Securities and Exchange Commission and prosecution by the Justice Department.

But as Global Crossing followed Enron, and was followed by WorldCom, I concluded that we needed to do more — more to assure that wrongdoers are punished, more to reduce the profits from such crimes and more to bolster confidence. I concluded that words without action might make investors even more fearful.

We have seen executives make hundreds of millions of dollars selling stock before their companies collapsed. They were not selling shares on which they had risked their own money. Most got shares from options, and some were given shares by their companies only weeks before they dumped them on public investors.

That is why I am today calling on Congress to give the S.E.C. authority to limit the shares an executive can sell until at least a year after leaving the company, or a year after buying the stock. The S.E.C. would allow some sales, to pay taxes and perhaps to cover emergency expenses, but executives should face risks like other investors. If a boss wants to fake the numbers, let him know that he risks detection before he can profit from the fraud.

At the same time, it would be better for companies to give executives shares, rather than options, so that the executives would face the downside as well as the upside of share ownership. But current accounting rules provide perverse incentives, by requiring companies to report an expense when they grant shares, but not when they give out options. That must be changed.

I know that most auditors try to do as good a job as they can. But when I hear the WorldCom auditor say he followed required auditing procedures and still missed that $3.8 billion fraud, it is clear we need new procedures. Congress should establish a new accounting regulator controlled by people representing investors, not accountants. That regulator should establish new auditing standards and should discipline — quickly and publicly — auditors who fail to live up to the responsibility we give them.

And because sometimes things aren't exactly black and white when it comes to accounting procedures, auditors must inform shareholders when companies use aggressive — even if arguably legal — accounting to make themselves look better.

Those who do break the law must be punished. I have set up a financial crimes SWAT team, armed with money and people — F.B.I. agents and prosecutors — whose sole focus will be such crimes. To make it easier to convict corrupt executives, I am asking Congress to establish a new crime, one that would make it illegal to use any scheme or artifice to defraud shareholders. Every former S.E.C. chairman I have consulted has called for hundreds of new enforcement officials, and I will make sure they are hired.

Corporate officials have helped create an economy that is the envy of the world. The overwhelming majority are honest and will welcome reforms to restore confidence. As Ronald Reagan said when confronting a different problem: Trust, but verify.

nytimes.com



To: Jim Willie CB who wrote (1915)7/12/2002 8:54:49 AM
From: stockman_scott  Read Replies (1) | Respond to of 89467
 
Can EMC Restore Its Glory?

The hardware juggernaut's answer to its problems: software.

FORTUNE
Monday, July 22, 2002
By Daniel Roth



In August 2001, two dozen coders, product managers, and marketers at storage kingpin EMC were sitting in a conference room on the company's sprawling campus outside Boston. The gathering was routine: The group was plotting a road map for the latest release of EMC's ControlCenter software. One programmer explained to Erez Ofer, who oversees the group, how a certain piece of the software would help power EMC's crown jewel: the Symmetrix box, a data-storage system that can cost several million dollars. Ofer stopped him. "I think you should build that for Hitachi instead," he said, invoking an EMC archrival. The room fell silent. Then came a reply: "Are you serious?"

He was, and so is EMC. In an attempt to regain its past glory, the beleaguered company is rolling out a bold new strategy. Since 1991, when it practically invented the modern storage market, EMC has defined itself first and foremost as a hardware company, albeit one that sold pretty darn good software. But the technology world has turned upside down, so EMC is attempting a flip of its own--emphasizing software instead of hardware. And if that means embracing Hitachi's or any other competitor's technology, so be it.

How big a change is this? Consider: In 2000, 70% of EMC's $8.9 billion in revenues and 92% of its $2.3 billion in operating profits came from sales of its storage hardware. By the end of 2004, CEO Joe Tucci wants that down to 50% of revenues, with the rest coming from software and services.

To get there he's pitting programmer against programmer and splitting EMC's famously hard-driven sales force into hardware and software camps as well. "Companies that are afraid to disrupt themselves almost 100% of the time end up being disrupted," he says. "I'm doing what our competitors never thought we'd have the intestinal fortitude to do."

Clearly, Tucci's gut has gotten quite a workout in the 30 roller-coaster-like months he's been with the company. In the late 1990s the firm was heralded as one of the "four horsemen" of the New Economy, along with Oracle, Cisco, and Sun. As bits replaced paper and people's lives moved to the Net, EMC was going to be the world's collective memory, stor-ing everything from grandma's meat loaf recipe to her entire credit history--and not just storing it, but replicating it and making sure it reappears instantaneously even after a disaster, man-made or natural. Companies bought into the idea--and so did investors. EMC was one of the top-performing stocks of the 1990s (which is saying something), returning a staggering 84,000%. For chief information officers looking to build fail-proof storage, EMC was the only option. Sure, IBM, Hitachi, and Sun had boxes that claimed to do the same thing, but EMC's blew them all away. The company knew it too. EMC's sales force developed a reputation for arrogance, frequently refusing to budge on prices or forcing IT buyers to relicense software when they upgraded machines. (EMC says it has since changed the way it licenses software.) By the end of 2000 the company controlled 71% of the lucrative upper end of the market, despite the fact that its prices were nearly double those of its nearest rival.

But in 2001, EMC found itself fighting a war on two fronts--and losing. As the Net bubble burst, the company took a beating on the demand side. Telcos and dot-coms that spent $1.7 billion on EMC products in the prior year disappeared. Other customers froze or slashed their IT budgets. On the supply side, EMC was caught flat-footed by the sudden arrival of real competition. IBM started bundling its Shark storage array (still considered inferior to EMC's boxes) with its mainframes at a price that budget-conscious CIOs just couldn't refuse. Hitachi, meanwhile, beefed up its Lightning storage arrays, making them faster than EMC's. Then Hitachi, through resale agreements with HP and Sun and on its own, offered the machines at just over half the EMC price.

At the same time, customers began grumbling that storage was getting too difficult to manage. As the machines became increasingly important to companies and started moving from simply being connected to mainframes to sitting on the network, the headaches for techies turned into migraines. The heart of the problem was a lack of standards in the storage market, which kept the boxes--unlike their PC and server cousins--from being able to communicate with one another. EMC machines speak fluently to other EMC boxes, but what they say often comes out as gibberish to, for instance, Compaq storage devices. Likewise, IBM storage software will show how much room is left in an IBM box, but it can't see into one of EMC's. And a Hitachi can back up another Hitachi, but--you get the drift. CIOs like Mike Prince at Burlington Coat Factory found themselves devoting precious IT resources to keeping on top of their setups: "We spend more time worrying about storage than any other aspect of the total computing environment."

To make life easier for corporate users like Prince, storage-software makers and a growing number of storage startups are scrambling to build lingua franca software that would sit on a server and manage all the storage, no matter the vendor or technology. If they succeed, a backroom full of Compaq, EMC, and IBM boxes would all work as one. Analysts call it storage's Holy Grail. But it's also the first step toward the commoditization of storage hardware. Once companies no longer care about which vendor's box they use, the real opportunities--and the big margins--will be in the software.

As software rivals worked to make EMC irrelevant in the future, hardware foes were inflicting plenty of pain in the here and now. Amid the industry's worst-ever price war, EMC in 2001 watched its hardware gross margins drop 25 percentage points, to 32%, and its share of the high-end market share drop 14 points, to 57%. For the first time in over a decade the company reported an annual loss, ending the year $508 million in the red on sales of $7.1 billion. Soon investors were seeing red too: EMC's stock now trades at $7.20, down 93% from its September 2000 high.

Suddenly rivals and analysts were talking about EMC's very survival. "EMC lives or dies by its ability to continue to sell into its traditional FORTUNE 500 base," says Jon Oltsik, founder of IT consulting shop Hype-Free Consulting in Acton, Mass., and a former marketing manager at EMC. "If it can't figure out how to do that, then EMC as we know it goes away."

As it turns out, EMC as we know it is going away--but by design. When the company began taking its hits, Tucci, a 54-year-old former programmer, started having flashbacks to his last job. Between 1993 and 1999 he was the CEO of Wang Laboratories, a once dominant minicomputer player that had slid into Chapter 11. He led Wang out of bankruptcy and eventually sold the company, but during his tenure he saw firsthand the dangers of sticking with a good thing. Scared of cannibalizing itself, Wang in the late '80s fought a losing battle to protect its market as the PC revolution grew. And while he thought EMC was far from being Wanged, Tucci wasn't about to take any chances.

So last November he acted. In an off-site meeting at the International, a private golf club in Bolton, Mass., he announced a plan to his top lieutenants that would in effect split EMC in two. To compete against its traditional rivals, he put 15-year EMC vet Dave Donatelli in charge of the half responsible for making sure EMC's hardware lines were the best in the business. To handle the threat from independent software vendors, Tucci tapped Ofer, a speed-talking ex-Israeli Air Force captain. Ofer's division would create and market "open software''--software that would make using an IBM Shark as easy for EMC customers as using an EMC Symmetrix. And both men would have to hit their targets with less staff: Last fall Tucci announced a 20% downsizing of EMC to 19,000 people. "The software guys shouldn't worry about protecting our hardware leadership role,'' says Tucci.

Therein lies the rub. Selling software separately could undermine EMC's hardware sales. "For a hardware company to get into this game, they need to write software that will enable customers to buy less hardware," says Jeremy Burton, chief marketing officer of independent storage-software leader Veritas. "That's like Microsoft coming out with a set of Linux products.'' But Tucci sees things differently. He's betting that both halves of EMC will steal market share from rivals before they start bumping into each other.

On the software side, Ofer's group already knows its way around a Symmetrix; the division's sizable share of EMC's $800 million R&D budget, the largest in the industry, will help it figure out how to program competing hardware. Plus, hints Ofer, the company isn't ruling out acquiring promising software companies. On the hardware side, Donatelli thinks he can make money by pushing EMC hardware into new markets. In October the company inked a deal with Dell allowing it to resell EMC's lower-level Clariion storage. The PC Goliath is particularly good at selling to small businesses and government--two areas where EMC has made little headway.

At the high end, Donatelli is also counting on customers to stick with what they know works. So far they appear to be doing just that--eschewing commodity hardware for the convenience of having a company like EMC or IBM manage their storage networks. "Maybe [buying cheaper boxes] is where many of us will end up," says Fred Dingraudo, director of technical services for a division of car-parts manufacturer Dana Corp., an EMC customer. What's keeping him from going there now is the cost, complexity, and time required to cobble together his own storage system. "In the short term, I'm looking at EMC as a full-blown turnkey solution for my storage needs," he says.

One last piece Tucci needs to work out is realigning his sales force. With their commissions on the line, the sales group has little incentive to push software in the hundreds of thousands of dollars instead of hardware in the millions. So Tucci is planning on splitting the force in two. "Here I'm using an evolution, not a revolution," he says. To keep big spenders from being inundated with EMC business cards, Tucci's putting "relationship managers" in charge of each account. "The largest customers will see only one EMC," he says.

Tucci's strategy, if it works, should enable EMC to play in both the less profitable, but still growing, hardware market and the fast-growing, high-margin software arena. Toni Sacconaghi, senior research analyst at Sanford C. Bernstein, thinks it's an important part of a strategy that could boost EMC's operating margins to 17% by 2005, compared with minus 8% this year.

Not that he's recommending the stock. "We like the secular story," he says of Tucci's plan. "The problem is EMC's valuation isn't supercompelling." At just over $7, the stock is trading at over 40 times expected 2003 earnings, vs. the high teens to the mid-20s for its peers.

And not one of those peers plans to just hand EMC the rights to both storage hardware and software. Veritas is committing itself to developing software that will manage the entire storage infrastructure. Hitachi says it's working on an open-software project, and the new HP, which competes with EMC in the midrange with its own devices and at the high end by rebranding Hitachi's Lightning, thinks it has the size to take on EMC. "Granted, EMC's building a credible software portfolio, but we'll compete highly with them in that space," says Mark Lewis, who oversees storage for HP. "Because we're doing very much the same thing."

All of which means that the chances of EMC's ever fully reverting to its late '90s form are gone. But then, those are the memories of the old EMC. Tucci's moving on.

fortune.com