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Posts Tagged ‘SEC’

And What About Those Silent Problems in the News

Monday, April 26th, 2010

It’s been a year since my book Without Warning first came off the presses. Since then, the incidences and case study possibilities relating to what I refer to as Silent Problems (problems that are being avoided, neglected, going unnoticed or are being intentionally silenced) seems to be growing exponentially. And the stories I’m referring to are front page news. Maybe that isn’t all that surprising due to the explosive nature of silent problems when they do finally become visible - Without Warning.

Over the past couple of weeks, news items that would fall under the umbrella of being a silent problem are worth noting. Here are just a few of the high profile cases.

  1. Porn at the SEC: One would think that the Federal Governement would have an effective I.T. strategy in place to prevent the viewing of porn while at work or with government owned computer equipment. Well, the SEC proved us wrong and received another black eye for incompetence. The Washington Post states, “Dozens of Securities and Exchange Commission staff members used government computers in the past five years to access and download pornographic images, according to a summary prepared by the agency’s watchdog.”
  2. Goldman Sachs on Winning: Goldman was considered the investment banking firm you could trust. Well, all of that has changed over the past 6-months or so, and its going to get even more complicated as Goldman e-mails show how crash turned into cash.
  3. Ratings Agencies Exposed: I guess we shouldn’t be surprised that the ratings agencies also have some dirty laundry now being exposed. From the Financial Times article, Rating Agencies’ Nixon Moment, “As one Moody’s managing director wrote to his superiors in 2007, the company’s errors, made it look “either incompetent at credit analysis, or like we sold our soul to the devil for revenue, or a little bit of both…” “Jason is looking into some adjustments to his methodology that should be a benefit to your folks,” wrote a Moody’s employee to a Chase banker.The bankers seemed fully aware of the competitive pressures the rating agencies faced - and they knew how to game them.”"E-mail from Moody’s chief risk officer to Raymond McDaniel, CEO, October 2007 - ‘[N]o body gives a straight answer about anything around here . . . how about we come out with new [criteria] or a new stress and actually have clear cut parameters on what the hell we are supposed to do.”

The list could go on including stories about the Catholic Church, Toyota and others. However the storyline is the same. A problem is avoided because it is too costly, potentially too damaging or simply too time consuming to solve. Over time, the problem grosw in size and magnitude, and jumping off the treadmill is too costly. And just like a volcano, when it blows the impact is devastating, extremely disruptive and costly. Such is the case of silent problems in the real world.

Keith Wendell, the new CEO at Harley Davidson puts it in perspective when talking about the tough decisions he had to make at the firm. “There is not one of us who wakes up in the morning and says, ‘Wow, this is another opportunity to ruin someone’s life,’ ” Wandell said. “. . .  But you cannot turn your head and look the other way when there are issues that are going to ruin the company. I wish we could be totally clear about that.”

Stanford & Madoff - SEC Treated Them Equally

Monday, April 19th, 2010

The SEC just came out with their report regarding Allen Stanford’s Ponzi Scheme. And guess what, it mirrors that of Bernard Madoff’s encounters with the SEC. In each case, the SEC acted like blundering idiots.  It makes one wonder if the SEC didn’t order their investigative license from an online diploma university for the price of $14.95. Because what has surfaced over the past couple of years reveals, the SEC has been incompetent on some of these matters!

As reported by the Wall Street Journal, The report (The SEC releashed a report on Friday) lays out a series of missteps by the SEC ignoring red flags being raised by the examiners in its Fort Worth office, who were “aware since 1997 that [Stanford] was likely operating a Ponzi scheme.” In four separate instances in 1997, 1998, 2002 and 2004, examiners concluded that Stanford’s businesses were either a Ponzi scheme “or a similar fraudulent scheme.” “The only significant difference in the Examination group’s findings over the years was that the potential fraud grew exponentially, from $250 million to $1.5 billion,” the report said.

In my entry, Blinded By A Dim Light earlier this year regarding Bernard Madoff, I state, How long does it take to catch a Ponzi scheme operator? Well, according to the report released yesterday titled “Investigation of Failure of the SEC to Uncover Bernard Madoff’s Ponzi Scheme,” 16 years!!! And that’s 16years from from the date the first red flags were raised about Bernard Madoff.  During those 16 years, the SEC opened five inquiries, and hundreds of red flags were raised.

The truth around stories like Madoff, Stanford and others scare me. And they should scare you too. They reveal that broad swaths of government are likely totally incompetent. Rules and regulations don’t matter. The leadership of these institutions are suspect. And most important, we, the American citizens and the US Economy is taking a hit due to these lapses. Ponzi schemes will always exist, how and when we shut them down determines the true cost of them. Here, we have failed. Madoff and Stanford were allowed to exist for years after the first signs of Ponzi started to surface.

Yes, these were silent problems that resulted into Without Warning events of immense magnitude.

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