Enough with the SPEs!

Enron managed to fool most of the people for a long time with its SPEs.  If you thought we were done with these beasts following changes in the accounting rules, well, think again.  The report on Lehman tells us the company was using SPEs that it controlled in order to shift bad investments off its books.  Oh, Lehman disclosed the shifts.  What it did not disclose was that it controlled the firms to whom it was doing the shifting.  There is always a loophole.  But, honor should keep us from using them.  The ethical issue here is leaving a false impression.  And Lehman, using SPEs, did so — indeed, all the way to bankruptcy.  Just like Enron.  Enough!

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“I am just like 99% of my friends in France, who say on their rèsumè they can speak fluent English. In reality, they can’t even count up to three.”

Greg Akcelrod, the French soccer player who, through an exaggerated rèsumè quite nearly climbed to the top of Euro soccer.  Mr. Akcelrod has apologized “if I lied a little bit on my CV,” but rationalizes that he never took a single euro from anyone.  That’s the second rationalization — the first is that 99% rèsumè fraud.  The French have us beat on that — only 50% of us here in the states have the good sense to lie on our rèsumès.

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“I’m just amazed . . . if the kind of decisions that ran the company in the ground were above the $45 million mark, which was your pay grade.”

Bill  Thomas, vice chair of the Financial Crisis Inquiry Commission, to Robert J. Levin, former chief business officer of Fannie Mae, who said the decision to stop investing in low-income housing was above his pay grade.

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The Stunning Contrast at the Masters: A Good Guy Finishes First

A man who has struggled through a period of stress and strain with his family won the Masters at Augusta National.  The pseudo family guy/super star, with a secret “other” life that has been enough  to make John Edwards blush, finished fourth.  Phil Mickelson’s wife, Amy, has been struggling with cancer Continue reading

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Ultra Vires and the FCC

In Comcast Corp. v. FCC, 2010 WL 1286658 (C.A.D.C.), the appellate court ruled that there was no statutory authority for the FCC to take over the Internet, a ruling that thwarted the plans of many to achieve “net neutrality.”  The FCC will not be annexing the Internet and all thanks to administrative law and the requirement that agencies base their actions within their enabling statutes.

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Thomas J. Petters Gets 50 Years for a Ponzi: The Seven Signs Show Up Again

Minnesota businessman, Thomas J. Petters, was sentenced to 50 years for his $3.7-billion Ponzi scheme that claimed to be selling appliances to Costco.  What a ride he had!  He purchased Polaroid, Sun Country Airlines, and part of Fingerhut Cos.  He drove a Bentley and several Mercedes.  He owned several multimillion-dollar homes and he bilked a religious charity of the $28-million it invested with him.  Run a quick profile:  iconic leader, high returns, non-stop acquisitions, philanthropic commitment, sycophantic direct reports.  Oh, those seven signs were there once again.  And the end result is the same:  financial collapse for the company as well as its investors.  The Seven Signs is available on amazon.com.

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“You were not a garden-variety board member.”

Phil Angelides, chairman of the Financial Crisis Inquiry Commission, to Robert Rubin, former Chairman of the Board of Citigroup and former U.S. Treasury Secretary.  Indeed, Mr. Angelides, there should no such thing as a garden-variety board member.  That there were such complacent and complicit souls at that level was and is part of the problem.

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The Little Diplomat Who Smoked

A 27-year-old Qatari embassy worker decided to light up in the bathroom on a United Airlines flight from DC to Denver.  The nicotine fiend, upon being caught, had the good sense to make a joke about being a shoe bomber.  If we schlubs had behaved similarly, we would be somewhere in Gitmo with not even Eric Holder giving a hoot.  However, diplomatic immunity allowed the young man to walk.  Sometimes the law does not come close to ethics or personal responsibility.  The embassy responded, “He was certainly not engaged in any threatening activity.”  Yes, but how did the poor folks aboard the flight know that?

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“Any kid can get swept up in a clique or mob mentality. It breaks my heart.”

Phoebe Prince, an Irish immigrant attending South Hadley High School in Massachusetts, committed suicide on January 14, 2010 after a lengthy period of bullying by a clique of five popular students.   The five students are under indictment.  The community is torn apart.  The quote comes from a parent.  The outrage comes from the Barometer. Being caught up in a clique means wearing a Lance Armstrong “LIVE STRONG” yellow bracelet.  Succumbing to Continue reading

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“On Wall Street, trust is for suckers.”

MD Sass has a formula for investment that sprang from the ashes of the great salad oil scandal of 1963.  Mixed metaphors aside, Martin Sass was fooled by a New Jersey company that was storing vats full of water, not the soybean oil in which his firm was heavily invested.  But, cash, unlike revenues, is tough to fake.  So, Sass uses the following formula to evaluate companies: Continue reading

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The bank officer who found the perfect place for a party

The owners had walked away.  Facing a mortgage in excess of their home’s value, they just left and the bank was stuck with the home.  The bank was paying for its upkeep.  The economy being what it is, the bank could not sell the home.  Enter a bank VP who was having a party for friends and relatives.  Continue reading

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“There’s a paranoia I live with. Somewhere in the world, right now, there’s a salesman talking with a customer — I hope he is as good as I need him to be.”

Mark Hurd, CEO of Hewlett-Packard.  Mr. Hurd references sales ability.  The Barometer would prefer to think of “good” as goodness.  The Barometer hopes the sales folks are capable, competent, and good.  The first two do not always walk on the same side of the street with goodness. They must if Mr. Hurd is to accomplish his stated objective to Forbes:  Cleaning the clocks of IBM, Cisco, et al.

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Pfizer follows conflicts basics: Disclose

Pfizer follows Eli Lilly, Merck, and GlaxoSmithKline in disclosing payments to docs for consulting and speaking on their products. Pfizer also disclosed payments to academic centers, nurse practitioners, and physician assistants.  You can now go to the sites for these companies and search payments by recipient name.  A Pew Center director grinched that the disclosure was not as good as a national data base.  Conflicts resolution requires either not doing it or disclosing it.  The pharmas and, as a result, the docs, have done the latter.  They are done.

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The Speeding Thing . . . Again

The “Nine you’re fine, ten you’re mine” motto of traffic officials is falling by the wayside.  The 5-10 mph grace speed for exceeding limits has fallen victim to tight state and local budgets.  They need more money so drivers are getting tickets for driving above the speed limit.  No  cushions allowed and very few warnings.  Nice to see that we are back to obeying the law, even if it is all economically motivated, on both sides.

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