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Politics : Stockman Scott's Political Debate Porch -- Ignore unavailable to you. Want to Upgrade?


To: Wharf Rat who wrote (2584)7/19/2002 10:57:25 AM
From: stockman_scott  Read Replies (1) | Respond to of 89467
 
"Too Rich to go to Prison"

Stench of cooked books hits Senate
By Molly Ivins
Published 2:15 a.m. PDT Tuesday, July 9, 2002

sacbee.com

AUSTIN, Texas -- Pardon my rant, but I have had it with the Blame Bill Clinton First crowd. Since the day George W. Bush took office, the Clinton-haters, whose monomaniacal nastiness wasted untold amounts of everybody's time and money in the 1990s, were determined to carry their hyperbolic vendetta into this century.

We are sitting here looking at a huge mess in corporate governance, and before anyone can even get out a useful suggestion, some Republican leaps up and says, "It's all Bill Clinton's fault."

Thank you for that eternally helpful observation, but some of us would very much like to just get on with fixing things. As it happens, Bill Clinton did not appoint Harvey Pitt chairman of the Securities and Exchange Commission, a position from whence Pitt has achieved the almost-unimaginable distinction of getting himself criticized by The Wall Street Journal for being too close to business. Instead, Clinton appointed Arthur Levitt chairman of the SEC, and everyone from Wall Street to Main Street is now wandering around muttering, "If we'd've just listened to Arthur Levitt, we wouldn't be in this trouble." Levitt's strenuous efforts to save the system from itself were blocked by the business lobby.

It is not Bill Clinton's fault that George Bush's business career reeks. From Arbusto to Spectrum 7 to Harken Energy to the baseball deal, all of it smells -- and the efforts to perfume it with spin are embarrassing. Will someone inform Ari Fleischer that after Bush unloaded his Harken stock at $4 a share, the price promptly slid to $1.25. Perhaps this will prevent more misleading statements.

Nor is the late filing on the insider stock sale the problem at Harken. See if you can follow this bouncing ball: In 1989, Harken masked it losses when it sold 80 percent of a subsidiary, Aloha Petroleum, to a partnership of Harken insiders called International Marketing & Resources for $12 million. Of that sum, $11 million came from a note held by Harken. In January 1990, IMR in turn sold its stake in Aloha to a privately held company called Advance Petroleum Marketing, and the Harken loan was effectively transferred to Advance. In other words, they borrowed money from their own company to buy a subsidiary at an inflated price, thus covering up the company's losses. The SEC later ruled the transaction fake and forced the company to restate its earnings.

Now, the reason all this is of more than academic interest is because Bush is about to recreate himself as a corporate reformer. Aside from the happy hilarity of the event, what can we expect? A Nixon-goes-to-China moment is always possible, but highly unlikely. Look for the waffle, the shuffle and the Texas sidestep.

The business press thinks he will endorse criminal penalties for executives who certify false financial statements. BUT listen carefully to see if he endorses criminal penalties for executives who issue financial statements that are misleading, not necessarily false. Big loophole there.

Another key reform he's likely to dodge is banning auditors from consulting for their accounting clients. That one is really basic and necessary. Another critical reform apt to be among the missing is limiting the use of stock options by requiring that their cost be deducted from earnings. And one last essential reform to prevent the problem that caused stock analysts to recommend stocks they considered "dogs" and "junk" to their customers: sever investment bankers and analysts.

Bush is far more likely to go the "few bad apples" route, huff and puff and urge punishing the evildoers, without recognizing that the whole system needs to be fixed. It's the systemic changes we should look for -- a whole lot of righteous indignation aimed at evildoers fixes nothing.

Perhaps I am too cynical, but I believe there is a separate class of people in this country called Too Rich to Go to Prison. With the peerless John Ashcroft at the helm of the Justice Department, I don't think any of the now-infamous CEOs need to lose sleep over the prospect. It's not exactly like Bobby Kennedy going after Jimmy Hoffa.

On the other hand, the only A.G. we've got did instigate a 13-month-long undercover investigation that resulted in the arrest of 12 prostitutes in New Orleans. Amazing -- they found 12 whores in New Orleans. Surely Osama bin Laden is next.

Meanwhile, Sen. Paul Sarbanes' accounting reform bill, the one with teeth in it, is due to hit the Senate floor this week, and Majority Leader Tom Daschle should get about 80 votes for it. In other words, the politicians are spooked. The House Republican "reform" bill is a weak joke (now there's a line that's evergreen). But the good news is even Republicans don't want to appear to be defending business.

At least some of them don't. Rep. Roy D. Blunt, R-Mo., their chief deputy whip, said, "Legislation is the worst thing you can do to solve this problem." That should probably be engraved in marble somewhere.



To: Wharf Rat who wrote (2584)7/19/2002 11:01:58 AM
From: T L Comiskey  Read Replies (1) | Respond to of 89467
 
re the good ole daze
I miss em too...
I can identify with 'fun' sex
but Screwing people out of their money takes No Brains
just No Ethics and a Slimmy Sense of Self worth
Frick jr and dick
T



To: Wharf Rat who wrote (2584)7/19/2002 6:37:44 PM
From: stockman_scott  Respond to of 89467
 
Two Men Defiant, Angry and in Denial

Where's Waldo? VP Avoids Halliburton Questions

The Daily Enron / 7-19-02
thedailyenron.com

BREAKING NEWS: The Boston Globe reports one of the largest buyers of Harken stock was Harvard Management, and those purchases were made by hen-Harvard Management official Micheal Eisenson, who was also invited to join Bush on Harken's board of directors.

Harvard Management is the investment arm of Harvard University, where Bush received his post-graduate degree in business.

At the height of its investment, Harvard owned roughly a third of the troubled oil company. It began shedding its shares in the early 1990s. As of last May, Harvard still owned 254,251 shares in Harken, according to federal filings. When Bush sold his stock on June 22, 1989, he got $4 a share. After a brief up-tick, Harken's share price has steadily slid, closing yesterday at around 36 cents.

The full story can be read at:
boston.com

Market Dives Below 9/11 Levels
What is worse for the American economy - massive terrorist attacks or rampant corporate crime? Investors voted today and decided that, at least as far as their pocketbooks are concerned, they are more afraid of crooked executives than crazed terrorists.

On the last day of trading this week the Dow dropped 390 points to finish just above 8000. The Dow is now well below its lowest point following the 9/11 terrorist attacks.

With most economic indicators pointing to continued recovery, analysts say the only explanation for crashing stock prices is a lack of investor confidence in corporate management.

------------------------------------------------------------
IN OTHER NEWS

Defiance, Arrogance Mark Testimony

Two angry and defiant men faced down congressional committees yesterday, both fighting for their political lives.

Appearing before the House Ethics Committee Rep. James Traficant, (D-OH) faced expulsion after being convicted in his home state of bribery. At the same moment on the Senate side, Army Secretary Thomas White was defending his actions while head of Enron Energy Services, and stock sales he made after joining the administration.

Supporters of the two men described their often-angry testimony as displays of righteous indignation. Their critics say their arrogance as well as a clear emotional and intellectual disconnect only reinforced the view that neither belonged in public office.

The Army Secretary was the first Bush administration official to come under fire after the collapse of Enron in December of last year. White came to the administration straight from Enron where he was one of the company's top officials and oversaw wholesale power operations during the period when investigators say the company illegally manipulated energy prices and hid losses and revenues offshore.

White opened his testimony with a prepared statement in which he defended his years at Enron and his subsequent stock sales. According to Senate testimony
At the completion of his prepared remarks, White was asked by Sen. John McCain (R-AZ) why in his statement White failed to indicate any concern for Enron workers and pensioners who lost their life, jobs and savings when the company collapsed. White responded that, of course, he felt bad for them but quickly added that he too had lost money, explaining that he left about $10 million on the table in the form of Enron stock options that he did not exercise.

Records show that White took with him about $50 million in salary and stock options when he left the company.

During a particularly contentious exchange, White defended his sale of blocks of Enron stock after joining the administration and just before the company filed bankruptcy. Sen. Barbara Boxer had prepared a chart showing some 77 phone calls White made to former colleagues at Enron and sales of blocks of Enron stock shortly after the calls. The timing of the calls and stock sales, Boxer inferred, indicated that White was selling on insider information.

White responded that the calls were entirely personal in nature. "These were friends I had worked with at Enron for years," White said, stating he was just calling to check on their well-being and not to garner inside information.

Boxer was not buying any of it. "It just doesn't look right, just like it doesn't look right for Martha Stewart to call her best friends," Boxer said, referring to the issue of whether Stewart benefited from insider information before selling large amounts of ImClone stock one day before it collapsed.

Boxer said she had asked SEC Commissioner Harvey Pitt to investigate White's phone calls earlier and will repeat that request.

At no point during his testimony did White acknowledge any role in or knowledge of the multiple frauds being perpetrated by Enron while he headed Enron Energy Services. Instead, he blamed all the wrongdoing on other divisions and other executives within the company.

Senator Byron Dorgan (D-ND) shot back, "Well, you were all kissing cousins, weren't you?" White did not respond.

Later in the day the House Ethics Committee voted that the full House should expel Traficant from the House.

President Bush has repeatedly defended White and refused numerous calls for his resignation.

--------------------------------------------------------------------------------

Hey, Where's Waldo?
While other administration officials take the heat for their earlier corporate behavior, Vice President Dick Cheney has all but vanished from sight. Since his stewardship as CEO of Halliburton Corp (1995-2000) has come under fire in recent weeks, the already elusive and secretive vice president has become even harder to find.

President Bush has faced reporter's questions about his days at Harken Energy, Thomas White on his Enron days and SEC Commissioner Harvey Pitt on his cozy relations with former accounting firm law clients. But Cheney has been silent on what many feel may be a "Spiro Agnew-like" problem brewing around the vice presidency.

Cheney and Halliburton have been accused in a shareholder lawsuit of fraudulent accounting practices that resulted in the company reporting as much as $460 million in dubious revenue over a three year period. The accounting changes were ordered by Cheney and sanctified by Halliburton's auditors, Arthur Andersen. Before leaving Halliburton Cheney appeared in a promotional video lauding Andersen's services.

The SEC has confirmed it is investigating Halliburton, but has not questioned Cheney himself and will not confirm whether it plans to do so. It is not unusual for the SEC to spare high-profile political figures the embarrassment of a grilling. In 1993 the SEC closed its investigation into George W. Bush's Harken stock trades without interviewing Bush, whose father was President at the time.

The allegations surrounding Halliburton and Cheney may prove far more difficult for the administration to finesse than Bush's history behavior while at Harken. Unlike Harken, Halliburton Corp. is a major US company holding billions in federal and state contracts. The allegations of accounting fraud facing Halliburton are the stuff of current front page news. And, Cheney was at Halliburton's controls when the alleged frauds occurred.

Unlike Presidents, sitting Vice Presidents have been historically expendable. In 1972 Vice President Spiro Agnew came under investigation by the U.S. attorney in Baltimore for receiving payoffs from engineers seeking contracts when Agnew was Baltimore county executive and governor of Maryland. Agnew asserted his innocence, but was forced to resign on Oct. 10, 1973. He later pleaded no contest to a single charge that he had failed to report $29,500 of income .

But, if the SEC decides to interview Cheney, they are going to have to find him first.

--------------------------------------------------------------------------------

Suite Crimes
Citing what she called a "crime wave in corporate boardrooms," the head of Public Citizen, Joan Claybook, called yesterday for action from the Bush administration. Claybrook said that so far the administration had been all talk and no action.

"The Bush administration and Congress are talking tough about cleaning up corporate crime, but unless the deregulatory drive is stopped, meaningful reforms are made and members of the administration - most notably Army Secretary Thomas White - are held accountable for their actions in the corporate world, those words will ring hollow," Claybrook said.

To put an end to the crime wave, Claybrook joined Democrats and other public watchdog groups in calling on the administration to balance its concern for corporate well-being with that of the public good.

"Congress and the White House must stand up to the corporate lobbyists and start legislating and governing on behalf of the American people," Claybrook said. "We need strong regulation of corporations - standards that will prevent wrongdoing and punish executives who violate the public trust."

Claybrook said the administration could begin by adopting its own stated standard of "corporate accountability," by firing Army Secretary White, whom Claybrook described as a "poster boy for corporate abuse.".

She also reiterated earlier criticism of years of industry-inspired deregulation. She said that many of the scandals only now becoming known could not have occurred without the poor enforcement of some existing regulations. Nevertheless, Claybrook complained "not nearly enough is being done to slow the deregulatory drive."