Showing posts with label accounting fraud. Show all posts
Showing posts with label accounting fraud. Show all posts

Thursday, May 14, 2009

malfeasance and silliness, the triggering events for today's crisis, were much greater and more widespread

TO BE NOTED: From Naked Capitalism:

"Munger on Phony Accounting, Cultural Decay, and Derivatives

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Stanford Law Review has a great interview with Warren Buffett's longstanding partner, Charlie Munger. Munger offers much less corn pone and more direct opinion than Buffett does.

The entire piece is very much worth reading, but I wanted to hone in on some key topics. One is the neglect of the role of what amounts to accounting fraud in this mess. Much of this is technically not fraud under the current regime but would be if the standards of 20 years ago were still in place. We now live in a world where everyone knows that the authorities simply will not take down any of the Big Four. Four is now deemed to be the minimum number of big accounting firms permissible. So we de facto have accounting firms "too big to fail", which means "too big to be asked to eat much liability, not matter how indefensible their conduct." So if they do something bad, they might have to fire a few partners and pay a moderate fine.

So effectively, we live in a world that echoes the Nixon Presidency. If the Big Four does it, it must be legal.

From the Stanford Law Review (hat tip reader Hubert):
As we look at the current situation, how much of the responsibility would you lay at the feet of the accounting profession?

I would argue that a majority of the horrors we face would not have happened if the accounting profession developed and enforced better accounting. They are way too liberal in providing the kind of accounting the financial promoters want. They've sold out, and they do not even realize that they've sold out.

Would you give an example of a particular accounting practice you find problematic?

Take derivative trading with mark-to-market accounting, which degenerates into mark-to-model. Two firms make a big derivative trade and the accountants on both sides show a large profit from the same trade.

And they can't both be right. But both of them are following the rules.

Yes, and nobody is even bothered by the folly. It violates the most elemental principles of common sense. And the reasons they do it are: (1) there's a demand for it from the financial promoters, (2) fixing the system is hard work, and (3) they are afraid that a sensible fix might create new responsibilities that cause new litigation risks for accountants....

Very few people realize how much we've screwed up. Even in leading law schools and business schools very few people realize that the mess at Enron never could have happened if accounting customs hadn't been changed. What we have now is a bigger, more widespread Enron.

Munger also has some interesting observations about the decay in values:
Worse than the Great Depression?

The economy hasn't contracted as much as during the Great Depression, but the malfeasance and silliness, the triggering events for today's crisis, were much greater and more widespread. In the '20s, a tiny class of people were financial promoters and a tiny class of people were buying securities. Today, it's deep in the whole culture, and it is way more extreme. If sin and folly get punished appropriately, we're in for a bad time....

The investment banks of yore, chastened by the '30s, were private partnerships, or near equivalents. The partners were dependent for their retirement on the prosperity of the firms they left behind and the customs and culture they left behind, and the places were much more responsible and honorable. That ethos, by the time the year 2006 came along, had pretty well disappeared. Our regulators allowed the proprietary trading departments at investment banks to become hedge funds in disguise, using the "repo" system—one of the most extreme credit-granting systems ever devised. The amount of leverage was utterly awesome. The investment banks, to protect themselves, controlled, to some extent, the use of credit by customers that were hedge funds. But the internal hedge funds, owned by the investment banks, were subject to no effective credit control at all.....

How and why do you think economists have gotten this so wrong?

I would argue that the economists have not been all that good at working concepts of good and evil into their profession. Nor do they understand, at all well, the economic consequences of bad accounting.

In fact, they've made a profession of driving value judgments out of the subject.

Yes. They say it's not economics if you think about the consequences of good and evil, and good and bad business accounting. I think what we're learning is that when you don't understand these consequences, you don't have an adequately skilled profession. You have big gaps in what you need. You have a profession that's like the man that Nietzsche ridiculed because he had a lame leg and was very proud of it. The economics profession has been proud of its lame leg.

There is also a good bit on why he and Warren have been so successful:
You've often said that one of the keys to your success has simply been to avoid making the garden-variety mistakes that you see other people make.

Warren and I have skills that could easily be taught to other people. One skill is knowing the edge of your own competency. It's not a competency if you don't know the edge of it. And Warren and I are better at tuning out the standard stupidities. We've left a lot of more talented and diligent people in the dust, just by working hard at eliminating standard error.

If you had to characterize a few mistakes that you see executives making, which ones jump out at you?

An extreme optimism based on an inflated self-appraisal is one. I think that many CEOs get carried away into folly. They haven't studied the past models of disaster enough and they're not risk-averse enough. One of the very interesting things about Berkshire Hathaway is how chicken it is, how cautious, how low is its leverage.

I can't speak for Berkshire overall, but that is certainly true of their reinsurance business. Ajit Jain is willing to sit around and do no business, even if he has to wait a couple of years, until, say, two hurricanes hit in 72 hours and the industry is desperate for reinsurance capacity and willing to pay big premiums. They are very disciplined and play only in "hard markets". "

Me:

Don said...

"They are very disciplined and play only in "hard markets"

Value investing is very hard, and the reason it is makes me doubt the efficacy of so-called "counter-cyclical" policies.

"the malfeasance and silliness, the triggering events for today's crisis, were much greater and more widespread"

I agree with this, but also believe that it goes against arguments such as Winkler's view that:

"Asset managers are more or less forced to seek higher interest rates through riskier investments."

No one is forced into malfeasance and silliness. They are embraced by human beings for their own reasons and desires.

Don the libertarian Democrat

Tuesday, April 28, 2009

including the riskiness of the mortgages originated and held by American Home Mortgage

TO BE NOTED: From HousingWire:

"SEC Charges Two at American Home with Fraud

Posted By JACOB GAFFNEY
April 28, 2009 2:40 pm

The Securities and Exchange Commission (SEC) today charged two former executives at American Home Mortgage Investment Corporation with accounting fraud.

The charges against the heads of the now-bankrupt former Alt-A lender out of New York stem from their alleged engagement in a pattern of false and misleading claims that concealed financial losses from investors.

The SEC alleges that former chairman and CEO Michael Strauss and former CFO Stephen Hozie fraudulently understated American Home Mortgage Q107 loan loss reserves by tens of millions of dollars, in a way to convert the company’s loss into a fictional profit.

Strauss and Hozie also misled investors about the financial condition of the company, including the riskiness of the mortgages originated and held by American Home Mortgage, the SEC maintains.

American Home Mortgage internal analysis at the time showed the company needed at least $38m in additional reserves.

Furthermore, the analysis also showed that the company’s losses on its delinquent second liens were mounting quickly and that American Home Mortgage would lose at least 72% of the value of these loans after the properties went through foreclosure.

Strauss is settling his charges by paying $2.45m in penalties to the SEC. He can not own or operate another company for five years under the deal, and will neither admit or deny the allegations.

Write to Jacob Gaffney at [1] jacob.gaffney@housingwire.com."

Monday, April 27, 2009

A regulator that is not afraid to take on the most powerful interests in the land.

TO BE NOTED: From footnoted.org:

April 27, 2009 at 1:09 pm by Michelle Leder

Live blogging Mary Schapiro speech at SABEW

mary schapiroMary Schapiro just started speaking to the Society of American Business Editors and Writers convention in Denver. I’ll be posting highlights here:

12:54: Final question on what SEC is doing to make sure that those thousands of complaints are winding up on the right desk and how that’s being coordinated with regional offices. Says she asked the staff to give her a catalog of where tips come in from. They come in about 40 different ways and no master database to track them (really????). No ability to mine the data and see that there’s a complaint in Boston, in Miami. Says she hired a contractor to build system. Last year SEC got 750,000 tips and will never be able to follow up on all. Need to be able to connect the dots to be more effective. Going to ask Congress for Whistle Blower authority. “If we can reward people who bring us well-thought through cases where we can prosecute the case and get a fine” like IRS and others, will help us separate the wheat from the chaff. Only available now for insider trading and hasn’t been very successful. “My goal is to ensure that we don’t miss the next Bernie Madoff.”

12:48: Jon Weil at Bloomberg asks a toughie on why no major enforcement on accounting fraud. “Whether accounting fraud or other types of issues, we need to be able to back it up.” Says she has authorized a number of investigations over the past 3 months into accounting fraud. Where that will lead us, I’m not sure.” Weil continues to press her that committments aside, how do people know that there will be a major accounting fraud case? Schapiro says she knows she has to prove this and that it is a high priority.

12:46: A question close to my heart: what will SEC do to make disclosures easier for investors so that they aren’t buried in footnotes? “We have great disclosure as a result of SOX for audit committee, but not on other committees. Need to have that for comp committee and other committees. Do a better job at linking executive comp to risk. “Take a complete look at risk disclosure and whether information is getting to investors in the best possible way. My guess is that we’ll have lots ot work on.”

12:44: Question on real losses of Madoff and how the SEC will make investors whole. Says that SIPA will have enough money, but subject to limits. Says she doesn’t have a number on Madoff losses.

12:40: Was asked a question on BofA and Merrill’s disclosure on executive bonuses. She declined to respond directly, but said that disclosure is the lifeblood of our financial markets. Won’t comment on any specific inquiries of investigations.

Lost my connection — thanks Westin Hotels — and two updates as a result. Q&A is continuing.

12:30: Does not believe in a super-regulator. “Regulatory arbitrage is a problem and we need to do something about that.” Not in favor of voluntary regulation either. “Our markets are not homogeneous like Britain.”

12:26: We would love to predict the next problem. But it’s an elusive goal. We need to build up our risk assessment in how the SEC is doing. “We’re all on same side of the table and need to be able to work together in a much more cohesive way than we have in the past 8 years.” SEC is responsible for 35,0000 regulated entities, including 12,000 public companies. “We as an agency have a lot of work to do to connect the dots more effectively.”

12:21: Q&A about to begin. I just asked question about today’s story in WSJ on CEOs using Twitter and other tools to communicate with investors. Schapiro says that SEC “favors greater and broader disclosure but that it hasn’t come to a resolution on the new technology.”

12:19: Talks about surprise investigations and proxy access. Says that proxy access “in no small measure is way to deliver better accountability”. Considering many proposals all in the interest of investors.

12:16: We get about 2,000 tips a day, so can’t pursue them all. Trying to keep pace with the fraudsters and the ever-changing concoctions. Says 150 active hedge fund investigations. More than 50 investigations involving CDS “and this is just a very small slice of the program.”

12:15: Says that things must change (at SEC). There’s a deep current of enthusiasm ready to be tapped. We’re a small agency but there’s no reason why we can’t be the toughest.

12:13: In real ways the SEC has not been where investors have needed them to be in a way that should epitomize a world class regulator. But we shouldn’t continue to be defined by what we didn’t do.

12:10: Schapiro says investors need to see that we are forcing companies to be truthful in financial reporting. They need to see an independent agency that’s not just there to protect Wall Street, but Main Street. A regulator that is not afraid to take on the most powerful interests in the land.

Noon: Says that House Committee created SEC 75 years ago today and quotes Roosevelt on the mission of the SEC. “Never been a time when investors have needed as strong of an advocate as they have today. Until investors believe in basic integrity of financial markets, they will put their money in mattresses instead of mutual funds which further undermines our economy.”