Published in CommPRO.biz 2014.01.16

The Earnings Culture

Public companies are driven by the need to show earnings. The path they follow to that end determines their corporate culture. Horace Greeley, the dominant editor and publisher of the 19^th century, commented, “The darkest hour in any man's life is when he sits down to plan how to get money without earning it.” Problem is, some corporate leaders see any action to increase “earnings” as fully justified. Too many CEOs seek “earnings” by any means. They look at the fines and legal penalties incurred as -“oops”- no more than the cost of doing business.

Investors too often are not concerned how “earnings” are achieved. While the ethical business model is the proven best source of high earnings, some see the concern for employees, communities, vendors, and the environment that model requires as taking money out of their pocket. Some even see a focus on treating customers fair and square as a missed opportunity to increase profits.

We saw this in the run up to the current recession. The monster banks pushed the pipeline to produce more and more mortgages, ignore the details, don’t fret about income verification. Once in hand they threw together these shaky mortgages (“Crap” was the term they used), put a few good ones on top of the pile and sent them off to the rating agencies. The bankers were not hesitant to point out that as paying clients, the rating better be AAA.

These bundles of sure-to-fail “crap” were sold as if the triple A ratings were real. Adding insult to injury these banks placed bets that the “crap” they created and sold would fail. They bet against their own customers. They made money coming and going; money they called “earnings.” The shareholders loved it. J.P. Morgan Chase, Goldman Sachs and a handful of monster banks deliberately created financial products designed to fail.

When they were caught off guard by the collapse of their whole scheme, they turned to the taxpayers for help. While necessary, the bailout was designed by Bush Secretary of the Treasury, Hank Paulson, former CEO of a monster bank. He gave his mates the needed money but failed to attach any conditions. We the taxpayers continue to provide interest free funds to these banks believing that they will lend it to small businesses and create jobs.

Wrong! They are back to gambling with our money, this time boosting prices on basic commodities that folks strapped for cash have enough trouble paying for. As long as the banks’ “earnings” look good, the stock market booms. We are hard pressed to see these “earnings” passing the standard Horace Greeley set. The bank CEOs’ plans are obviously designed to get money without earning it. They set the culture and drove it down through the ranks. The people paid mightily these last five years for the sins of these arrogant banksters. They, however, are above the law. At least the Attorney General of the United States says they are.

Published In CommPRO,biz 2013.12.10

 

The Banksters Walk Free

In a breathtakingly clueless comment last month (2013.11.12 SIFMA) at an industry conference, Lloyd Blankfein, Goldman Sachs CEO, is reported to have expressed regret that they were part of the problem leading up to the recession. Not regret that his company’s actions helped to crash the world economy ruining thousands, putting millions out of work and causing unimaginable suffering. He expressed no regret for that at all. He just wishes they hadn’t engaged in “trading practices” that created an image problem for his firm.

Blankfein is reported to have told the conferees, “I wish the organization hadn't done complex CDOs circa '06 and '07." A CDO (collateralized debt obligation) is a fancy name for bundling up a bunch of mortgages and such and hustling them as investments. Goldman sold them to pension plans, banks and the like. After all, what could go wrong? Housing always goes up; even if the mortgage holders fail to make their payments, the property will cover the loss, right? We all know the answer to that now. It seems that Goldman Sachs knew the answer back then. They knew their CDOs were full of “Crap” (their terminology), and at the same time they were hawking them, Goldman was betting they would fail. Worse, when they failed the American taxpayers paid off on that bet. And all Lloyd Blankfein sees in this is a PR problem? 

The SEC saw fraud and brought civil charges against Goldman. The agency settled for a paltry $500 million, with no admission of guilt. For Goldman Sachs that’s pocket change. According to some reports they cleared well north of $10 billion double-dealing CDOs. Poor Lloyd, Goldman Sachs took a public relations hit while their actions destroyed the lives of millions. If there was any justice Blankfein and a flock of other money-changers like him would be in jail. Considering the suffering their fraudulent actions brought down on millions around the world, they should face prosecution. 

Surprisingly, only a few of these modern day money-changers have faced prosecution over the last few decades. A bunch of minor league hustlers were jailed in the 1980s and early 1990s over the Savings & Loan crisis, alongside closing down close to 800 S&Ls with assets in the $400 billion dollar neighborhood. Since then not much has happened to the banksters, mostly because our Justice Department has some illusion that these crooks are too-big-to-jail. In case after case the DOJ has allowed blatant criminal behavior on the part of big league banksters to go unpunished because they believe that jailing the top guys at these banks might rock the boat and cause problems in our economy. 

That shows an unimaginable lack of business knowhow. Nobody is irreplaceable, that’s especially true when it comes to replacing corporate leaders engaged in illegal activities. There are good people, honest people in most organizations ready to move up and do the right thing. If not, there are topnotch folks ready to come in and put them on the straight and narrow. Folks who understand that the ethical business model is not only the right path; it is the surest path to profitability.

Published CommPRO.biz 2013.10.03

Wall Street Ethics

Mid-September (2013.09.15) marked five years since Lehman Brothers, one of the largest investment banks ever, filed the largest bankruptcy ever, sending sky rockets up all over the world and marking the beginning of what we’ve come to call the “Great Recession.” Lehman’s implosion triggered a serious of herculean bailouts of the rest of our banking sector by the American taxpayers.

Hank Paulson, who became Treasury Secretary after a career at Goldman Sachs, saw a danger of another depression if the banking sector collapsed. He hurriedly threw together the bailouts. However, he failed to impose the controls needed to keep the banks from abusing these funds, leaving them free to award themselves over the top bonuses. The Federal Reserve kicked in billions more, throwing open the doors to the risky gambling (see London Whale) that caused the collapse.

Lehman wasn’t the only bank gone wild; all of the dozen or so monster banks were behaving badly. Lehman was just pushing the limits of the regulation-free climate the banking lobby created over the preceding two decades. Repo 105 was the accounting gimmick of choice at Lehman. The tricksters there would sell off billions of their really bad stuff before each quarterly reporting period, making their books look as though they were sound when in fact they were anything but. Emails, written just before the bankruptcy, show that senior management pushed their subordinates to cover their tracks.

On May 18, 2008, almost exactly two months before the bankruptcy filing, Senior Vice President Matthew Lee had a letter hand delivered to four of Lehman’s top executives with a copy to their house counsel. In it he detailed these practices and questioned both their legal and ethical grounds. Management responded by firing him. Later, Lee identified Repo 105 as one source of the collapse for the federal investigators. Matthew Lee is still out of a job today; nobody on Wall Street has hired this honest man.

Not so most of the schemers who played fast and loose with the financial facts at Lehman. According to a Huffington Post tally, three quarters of the Lehman folks -47 of 63 involved in the Repo 105 scam- are employed in the financial world and doing just fine thank you. In fact, while most Americans are struggling to recover from the crash and millions are unemployed, the Wall Street banksters are fine.

And why shouldn’t they be –aside from ethics and stuff like that– the banks know if they overplay their hand again, Repo 105 or whatever, a taxpayer bailout is just around the corner. So they gamble with your savings, secure in the knowledge that the FDIC will cover their losses and that we’ll loan them whatever they need to get back on their feet. Just don’t ask them to support the small businesses that create jobs or anything like that. Leave that to the suckers who run the regional and community banks.

Too Big To Jail?

Last week (2012.08.22) William B. Harrison Jr. penned an OP-ED in The New York Times defending bankers. Harrison retired as Chairman of JP Morgan Chase in 2006 when he was rolling the dice with the best of the big banksters at the height of the Casino-i-zation of our banking sector. 

Harrison’s OP-ED would be laughable if he were not talking about a tragedy. A tragedy impacting nearly everyone in the world except the too-big-to-fail banks and the banksters who run them. They are back at their gaming tables doing fine since we bailed them out; safe in the knowledge that when they lose, we’ll be forced to bail them out again.

Harrison is wildly out of step with Sanford I. “Sandy” Weill, who suggested in a CNBC interview (2012.07.25) that it is time to break up the big banks. Not a new idea, but coming from Weill it exploded in the news cycle. Weill is the father of the very monster zombie banks that he now wants broken up. In 1997 he merged  Travelers Insurance Group and Citibank, creating the largest financial institution on the face of the earth. 

Like Harrison, Weill retired in 2006. However, unlike Harrison’s convoluted apologia, Weill takes a totally different tack. He wants the gaming tables out of our banks. Weill wants bankers focused on watching our money and making loans. It took a lot for Weill to step up and suggest that times have changed and it’s time to break up the big banks.

When Roger Clemens denied steroid use before a Congressional Committee, they went after him tooth and nail. The evidence against Clemens was pitifully weak and he was acquitted. Two years ago four Goldman Sachs executives appeared before a Committee led by Senator Carl Levin. 

Under oath they dodged and twisted and turned, but made statements that internal Goldman memos and emails showed were untrue; they lied. It’s difficult to prove that the “Wild West Wall Streeters” committed fraud. However, the arrogant banksters who lied under oath to Congress surely broke the law.

Senator Levin turned their testimony over to the Justice Department. While it’s tough to prove fraud, how tough can it be to show that the Goldman crowd lied? There’s a long paper trail to backup the charges. Where is the zeal displayed in prosecuting Clemens? Gone. The Department of Justice has advised the Sachs executives that they will not be prosecuted.   

There’s more. Six months ago Sachs, Wells Fargo and Chase all got SEC “Wells Notices” indicating the agency’s intent to look into their well-documented role in the current downtrend. In an abrupt about face the SEC let Sachs off the hook; they’re singing “Anything Goes.”

Well the lying dudes and the doubling dealing traders at Sachs are having a Cole Porter moment but not Sergey Aleynikov. He has been charged by NY State with stealing computer code when he worked at Sachs. This, only six months after Sergey was acquitted of the same charges in Federal Court. As one blogger noted, “The only way to get arrested when you work at Goldman Sachs, is to be accused of stealing from Goldman Sachs.”