Settling on Wall Street
20-Dec-02 12:25 ET
[BRIEFING.COM - Patrick J. O'Hare] At Briefing.com, we endeavor to provide real-time analysis of just about anything, ranging from earnings announcements to political happenings, that will have an impact on individual stocks or the broader market. Every now and then, though, we feel compelled to editorialize. This is one of those times.
Smiles All around-- Well, Almost Later this afternoon, a news conference is going to be held to announce a landmark settlement between regulators and Wall Street firms that is intended to rectify the conflicts of interest in Wall Street's research practices. As most investors know by now, those conflicts of interest came to a head with the popping of the Internet bubble, the fall of Enron, and the Worldcom bankruptcy. The conflicts of interest were really driven home, however, when an investigation by the New York State Attorney General uncovered a number of scandalous e-mails from analysts. In those e-mails, it was apparent that analysts, in a bid to win, or to retain, investment banking business for their firms, were praising companies in the public spotlight with BUY and STRONG BUY recommendations while denigrating them in private with scurrilous claims to colleagues.
To say such behavior was an injustice to the individual investor is an understatement as billions upon billions of dollars of capital were invested by hard-working men and women, and retirees, on good faith that the analysis provided by Wall Street was forthright, honest, intelligent, and a true representation of the analyst's view of the companies they were following. To be fair, most analysts adhered to that expected framework, but clearly, not everyone did as their pursuit of profits got in the way of the pursuit of virtue.
Pay the Piper Now, the time of reckoning is at hand for the securities industry. Reportedly, the industry will be hit with $1.0 bln in fines and be on the hook for contributing an additional $500 mln to finance the distribution of independent research to small investors. Citigroup (C), allegedly, will pay $325 mln of the $1.0 bln fine, followed by Credit Suisse First Boston, which will pay $150 mln, and a host of other firms, including Goldman Sachs (GS) and Morgan Stanley (MWD), which will pay $50 mln, respectively.
While speculation at this point, the settlement is expected to require, among other things, the separation of investment banking and research units, and a ban on the practice of spinning where shares of hot IPOs are granted to executives of companies who either gave underwriting business to Wall Street firms or who were being pursued as investment banking clients. It has also been suggested that analysts won't be allowed to accompany bankers when investment banking pitches are being made. Additionally, there has been talk that a database will be set up so that brokerage analysts' latest calls will be clearly known to the public.
All of that is in the best interest of the individual investor. The market seems to think the impending settlement is also in the best interest of Wall Street as the brokerage stocks are trading higher across-the-board today. Briefing.com would concur with the market's assessment as the settlement will remove a dark cloud that has been hanging over the industry all year, and hopefully, help restore its credibility. Okay, the analysis, while brief, is done. It's time for more editorializing.
Brother, Can You Spare a Dime The $1.5 bln settlement is considered historic for its size, but truth be told, it is a slap in the face to individual investors who have lost exponentially more as a result of Wall Street's greed. To that end, the laughable part of the settlement is that, supposedly, some of the $1.0 bln will go to a restitution fund for investors.
Sure, $1.0 bln sounds like a lot, but put in perspective, it is a drop in the bucket for these firms. Citigroup, for instance, reported net income last year of $14.1 bln on $112 bln in revenue. Yeah, that $325 mln fine, which will of course be written off as a one-time charge, will really hit Citigroup where it hurts. And Morgan Stanley, which reported net income last year of $3.6 bln on revenue of $35.4 bln, must be arranging an extra line of credit now. The bottom-line is that this historic settlement will be embarrassing for the industry, but it won't be costly. No, the real cost was born by the individual investor. If regulators really wanted to teach Wall Street a lesson in terms of accountability, and the premium it must place on ethical behavior, there would be a few more zeros between the one and the decimal point. After all, the only thing Wall Street cares about more than money is losing money.
-- Patrick J. O'Hare, Briefing.com |