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To: Jim Willie CB who wrote (4132)8/7/2002 11:49:44 PM
From: stockman_scott  Respond to of 89467
 
Administration Undermining New Corp. Reforms

8/07/02

dailyenron.com

Just two weeks after President Bush signed the Corporate Responsibility Act into law, voters and investors are learning it was little more than a legislative equivalent of the old Three-Card Monte scam. What you saw is not what you're gonna get - at least if the Bush administration has its way.

After fighting to stop or weaken corporate reforms, public opinion forced Republicans to scramble to catch up by backing strong reforms proposed by Democrats. It was a strategic retreat - not a surrender. An apparently eager President, himself tarnished by allegations of corporate misbehavior, signed into law the reforms he once opposed, claiming that they were just what he had had in mind all along.

But, even before the presidential pen was lifted from the paper, administration officials were already working behind the scenes to cripple the new law.

"The president said all the right things at the signing ceremony," said Sen. Patrick D. Leahy (D-VT) chairman of the Senate Judiciary Committee. "But now given the tough law, they're basically saying, 'We're not going to use it.'"

On Monday, Sen. Leahy complained to Attorney General John Ashcroft that the Justice Department is actively contradicting congressional intent through a flurry of "guidelines" it is issuing to its federal prosecutors.

White House and Justice Department officials responded that they were only issuing "technical guidance letters" to those whose job it is to monitor and enforce the new law.

But, the kind of "guidance" being provided has raised suspicions that they are the handiwork of the same administration and GOP congressional leaders who originally opposed the law. Forced by popular opinion to publicly support the law, they are now working secretly to overturn key provisions through administration action.

White House Counsel Alberto R. Gonzales and Attorney General Ashcroft are authoring these controversial guidelines. Before joining the Bush administration, Gonzales was an attorney with Enron's law firm, Vinson & Elkins.

The changes have been coming in drips and drabs since the law was signed on July 30. For example, last week the White House issued a guidance that narrowed the scope of corporate whistle-blower protections written into the law. The administration said it believed the whole whistle-blower issue had been "exaggerated."

Even some Republicans have been alarmed by the administration's brazen attempts to gut measures passed by Congress after long and detailed debate. The White House says it is simply tying to clarify "congressional intent."

"Any dummy that reads the bill knows what we meant. We couldn't have written it any clearer," said Sen. Charles E. Grassley (R-IA).

Critics point to a "guidance" letter issued by the DOJ last week on the new law's prohibition against document shredding. Instead of telling prosecutors to enforce the letter of the new law, the Justice Department referred federal prosecutors to an old law.

But congressional reformers who wrote the provision complained that the shredding language in the new law was specifically drafted to free prosecutors from the burden of having to prove a shredder knew that an investigation might occur. The old law posed problems for federal prosecutors in their case against Arthur Andersen by forcing them to prove that individuals who shredded Enron documents knew there would be an investigation.

In another administration "clarification," prosecutors are being discouraged from charging individuals with securities fraud. The law created a new felony category for securities fraud with prison terms of up to 25 years.

But Sen. Leahy says he has proof that the Justice Department is downplaying the new felony charge to its prosecutors - in essence sending the message not to charge individuals under it.

Reform advocates are outraged by what they see as a legislative coup by the executive branch. The administration's "guidance letters" appear to be "an effort to undermine the intent of Congress to protect investors," said Frank Torres, a lobbyist for Consumers Union.

Leahy said: "I can give the benefit of the doubt on one mistake. But then you have a second one and a third one. Well, three strikes and I don't believe it's a mistake. I think they don't believe in enforcement."

______________________

GOP Suffering from Separation Anxiety

The list of people who cannot afford to be seen together includes convicted felons, Mafia bosses and al Qaeda leaders. Add to that list GOP leaders tarnished by allegations of corporate misbehavior.

With November congressional and gubernatorial races just weeks away, deciding just who to invite to sit with whom on a podium has become a high-risk operation.

Example: Today Vice President Dick Cheney will come out of hiding to address the Commonwealth Club of California in San Francisco. For weeks Cheney has avoided any public venue that might expose him to questions about his days as CEO of Halliburton. The company is now under SEC investigation for accounting irregularities during Cheney's tenure (1995-2000).

But, with the US economy teetering on the brink of another recession, Cheney has been criticized for not adding his voice to the administration's attempts to reassure investors and consumers.

"Cheney has not appeared to advance the administration's agenda since mid-May, which was before Halliburton announced that the SEC was looking into accounting changes that were approved under Cheney's leadership." Houston Chronicle, 8/7/02

Cheney's speech in San Francisco is supposed to address those issues. But, any discussion by the Vice President of corporate responsibility risks raising questions about his own behavior. So after his speech, audience questions will be carefully screened.

Missing from the Commonwealth Club podium today will be California gubernatorial candidate, William Simon. The Simon campaign explains that their embattled candidate could not squeeze in an appearance with the Vice President of the United States because he had a more important appointment - a speech before the Oakland City Chamber of Commerce.

The truth is that Cheney and Simon simply cannot afford to be photographed together because both men are currently embroiled in allegations of corporate misconduct.

"It's kind of the same problem faced by al Qaeda," a progressive strategist said. "Republicans are under attack but they can't regroup to mount effective counterattacks because whenever they congregate they become targets of opportunity for the press."

A jury that ruled his company, Simon & Sons, defrauded a business partner hit Simon - who is running against incumbent Democrat Gray Davis - last week with a $78 million judgment. Simon's response was similar to that of President Bush when he was confronted with questionable Harken Energy deals; Simon said he was not involved in those particular discussions. But, today the San Francisco Examiner reported that board minutes and memos from Simon & Sons show Simon was directly involved.

Cheney has been under increasing fire ever since his former company, Halliburton, came under SEC investigation for allegedly fraudulent accounting methods during Cheney's tenure with the company.

Tonight Cheney and Simon have a sit-down event together when both attend a GOP fundraiser south of San Francisco. But, that affair is invitation only and no reporters will be allowed in.

"Cheney's people say his fund-raising speeches regularly include calls for crackdowns on corporate abuse. He should feel free to address such remarks to a wider American audience. Americans understood the national security rationale when, in the aftermath of the Sept. 11 attacks, the Vice President often placed himself out of sight. Now, his low profile just looks cagey." (Houston Chronicle, 8/7/02)



To: Jim Willie CB who wrote (4132)8/8/2002 7:47:09 AM
From: stockman_scott  Respond to of 89467
 
The case against Alan Greenspan

To the list of those responsible for the economy's pain, some have added the Maestro's name.
August 6, 2002: 4:17 PM EDT
By Mark Gongloff, CNN/Money Staff Writer

NEW YORK (CNN/Money) - There's a growing list of shamed corporate executives, Wall Street analysts and inept government officials being blamed for the current misery in the economy and the stock market, and many of those names are obvious.

But some observers have put one name at the top of the list that probably will surprise most people -- Alan Greenspan.

That's right, the Maestro, the Federal Reserve chairman often credited with the magical ability to control global markets and economies with the mere sound of his voice, the man who allegedly whipped inflation.

These critics blame Greenspan for the outrageously swollen bubble in stock prices in the late 1990s, which led to excesses of investment that overheated the economy and threatened inflation, forcing the central bank to raise interest rates in 1999 and 2000, which led to a recession that began in March 2001.

"He was a very poor central bank chairman," said James Grant, editor of Grant's Interest Rate Observer. "He was passive in the face of what will go down as a very destructive bubble."

If only Greenspan had stepped in earlier -- and one vague warning about "irrational exuberance" doesn't count -- the bubble wouldn't have been so big and the subsequent popping wouldn't have been so painful, Grant and other critics say.

Fed officials were not available for comment.

At the very least, Grant said, Greenspan could have spoken out more often against the bubble and made the symbolic gesture of tightening margin requirements, which the Fed controls but hasn't touched since 1974. Margin buying is the process by which investors borrow from brokers to buy stocks. Rampant margin buying encourages speculation, and the Fed could have clamped down on brokers' ability to lend.

Greenspan also could have taken a humbler attitude about his own substantial myth, lowering expectations about his and the Fed's ability to miraculously fix the world's every financial problem.

"People called him clairvoyant, and he never said, 'Shucks, it's not me, it's the cycle -- I am a federal employee. I don't see around corners, and I never have. Don't put too much stock in this bureaucracy called the Fed,'" Grant said.

While Grant didn't want to second-guess the Fed's failure to raise its target for short-term interest rates during the late 1990s -- which would have lessened the funds available for over-hyped dot.com stocks, fiber-optic cable and similarly foolish investments -- others are certainly willing to do so.

Relatively mild interest-rate hikes -- say, 25 basis points every six months -- in the late 1990s would have been met with groans of agony from Wall Street but would have kept the bubble under control, according to James Padinha, economic strategist at Arnhold & S. Bleichroeder.

"Once the excesses got to the point where the Fed had to do something about them, the kinds of rate hikes we eventually did see had an outsized impact on the economy -- which ended up tanking, and then the Fed had to ease drastically," Padinha said.

In Greenspan's defense
Padinha notes, however, that Greenspan has been an excellent crisis manager. Greenspan's legend was largely built, in fact, on guiding the Fed's quick and reassuring action in the wake of the 1987 stock-market crash, the 1998 crises in Asia and Russia, the Sept. 11, 2001, terrorist attacks and more.

And other defenders -- of which there are many -- note that it's all too easy to look backward and see the precise inflection points where strong economies become inflationary economies, where sluggish economies become recessions and where strong stock markets become bubbles. Timing policy perfectly to prevent such inflection points is more a matter of luck than anything else.

And the Fed is not charged with manipulating stock markets. It has two roles -- fighting inflation and helping the economy grow.

"Greenspan doesn't need to offer any mea culpa," said Wayne Ayers, chief economist at Fleet Boston Financial and a former Fed economist. "The Fed has no mandate to contain asset market inflation -- using monetary policy to deflate a bubble can have severe consequences."

"No one should take seriously the notion that he could have explicitly aimed at capping the wealth of the public, and there would have been hell to pay had he attempted to do so," Ayers added.

Defenders also note that the Fed has made deep and powerful rate cuts when it saw the economy was in trouble, while unemployment and inflation have been largely in check for years.

"Greenspan's perfectly fulfilled his mandate," said Brown Brothers Harriman economist Lara Rhame, another former Fed economist. "And there are a couple of things he couldn't have manipulated even if he'd wanted to [such as] Enron and WorldCom -- these are things that the Fed can't possibly have been prepared for."

Still, some Wall Street critics counter that the Fed didn't see the trouble soon enough -- a charge similar to the one levied by supporters of the first President Bush, whose presidency was cut short by a sluggish recovery from the 1990-91 recession.

The Japan syndrome
Today, with the Fed's target for a key short-term interest rate at 1.75 percent, a 40-year low, the economy still hasn't caught its breath, and a growing number of economists are fretting that another downturn is on the way, requiring still more rate cuts and raising ever-scarier comparisons with Japan, where interest rates are at zero, but whose economy still can't get moving.

Though most economists think the United States is fundamentally different from Japan, there's at least a risk that the low, low interest rates of the past year have encouraged consumers to take on too much debt and eat up too much home equity already, meaning another downturn -- which could lead to more layoffs and tighter credit requirements -- could catch consumers without the ability or desire to borrow any more money.

"We're in a situation where the economy is the most highly leveraged in the post-War period," said Paul Kasriel, chief economist at Northern Trust Co. in Chicago. "If the Fed had to raise interest rates, that could bring the whole system down. And it's not clear that holding rates where they are or lowering them will save us from another recession."

Kasriel and other critics of the current Fed modus operandi would prefer to see monetary policy put on a sort of automatic pilot, tightening the supply of money when demand for loans is high and loosening it when demand for loans is low.

"The Fed is a price fixer; it fixes the price of short-term credit," Kasriel said. "If there's an increase in demand for credit, interest rates want to rise. But because the Fed is fixing the price of credit to keep rates from rising, it has to create more reserves or allow banks to create more money, and that's what leads to bubbles."

For example, companies borrowed extensively in the late 1990s to buy back stock in order to fight the dilutive effect of issuing reams of stock options. If the Fed had been on auto-pilot, allowing interest rates to rise as companies borrowed, then perhaps companies wouldn't have gotten themselves in so much debt.

Such an approach to monetary policy might also remove the cult of personality that has developed around the Fed chairman. Perhaps fewer people would care to hear his opinion about, for example, tax cuts -- an issue that Greenspan has discussed extensively during his tenure, having great impact on fiscal policy, an area he's supposed to be leaving alone.

"He goes up to Congress, and they ask him questions about everything except monetary policy," Kasriel said. "It's unprecedented that a central banker is sort of viewed as an omniscient economic policy czar. It's not his responsibility."

With such a hands-off philosophy at least partially in mind, James Grant has devised what might be the most radical approach for future central bankers.

"When I'm asked what I would do if I were Fed chairman, my invariable answer is, 'Resign,'" he said.

money.cnn.com



To: Jim Willie CB who wrote (4132)8/8/2002 8:02:56 AM
From: stockman_scott  Read Replies (2) | Respond to of 89467
 
CAN DEFLATION BE PREVENTED ??

web.mit.edu



To: Jim Willie CB who wrote (4132)8/8/2002 9:11:44 AM
From: stockman_scott  Respond to of 89467
 
An interesting prediction...

Message 17850867