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SECURE SECURITIES, NOT GREED
by Peter D. Moss
Greed is not highly regarded, but it is highly rewarded. The
dictionary says that greed is "inordinate or reprehensible
acquisitiveness." Kids caught with their hands in the cookie
jar at unauthorized times are, or should be, punished. Still,
greed is deeply ingrained in our culture from cookie jar age
on, and it is likely incurable. What to do? Eliminate the opportunity
for criminal greed. I tried to recommend that a couple of months
after Enron hit the headlines. On January 21, 2002, I sent a
letter to the editor of The New York Times titled "THE ENRON LESSONS":
Before the election, Mr. Bush said you can't trust the
government. After September 11, 2001, President Bush said you
must trust the Government. I disagree with Mr. Bush, but I agree
with President Bush. The failure of private airport security
raised a national demand to federalize airport security. Upon
the failure of Enron and Andersen, its auditor, I believe we
should federalize megacorporate auditing by establishing a corporate
audit division (CAD) in the General Accounting Office because
it would not be beholden to its targets. Also, Enron paid no
tax in 4 of the last 5 years. That alone suffices to federalize
auditing and the proposed GAO CAD should include IRS auditors
to insure that all the enrons pay their taxes. It has also been
reported that 37 members of the Bush regime held stock in Enron.
Once it is determined whether they sold their stock for $90 or
26 cents, we can determine any misconduct. We don't have to make
a choice between big government and law enforcement against the
bosses, because the two go together.
The anonymity and confidentiality of the stock exchanges protects
and encourages insider trading, and I call for closing them to
prevent Enron style and Enron sized fraud on the people. Used
stocks can be traded like used cars and used homes, so the stock
exchanges serve no necessary or useful function. Even bonds are
traded without an official exchange. People with a gambling need
could go to Las Vegas, Atlantic City, the horse tracks and the
lottery. Eliminating the stock exchanges would eliminate insider
trading and victimizations, and more importantly, the resurgence
of privatizing Social Security. We now know, of course, that
the very creation of the commission was an intentional fraud
because the commission was specifically precluded from identifying
new funding. The "insolvency in 2038" scare was another
fraud, solely to raise the issue of privatizing.
For the future, I would increase the wage base for Social Security
taxes, now $80,400. I would tax total earned income without limit.
But I vigorously object to hiring professional money managers
to diversify (read gamble away) the Social Security trust fund.
Professionals have shown that they have no specialized knowledge
beyond that of the average investor. If they did, they would
be billionaires endowing philanthropies instead of working at
9 to 5 jobs. The only people with specialized knowledge are the
insider traders, and that's not just Osama bin Laden who knew
of 9/11 in time to bet on certain airline stocks. It is true
that the government securities in the trust fund will have to
be redeemed by tax increases but the taxing ability of the U.S.
government is virtually unlimited. If elected, I will be sponsoring
a constitutional amendment to provide that "Its obligation
to its seniors shall be the senior obligation of the United States
in perpetuity." That will take care of future scare campaigns
and of the desperate need of stock brokers for a new inflow of
funds."
Sincerely, " The Times discarded my letter, as you might
expect, because it contained constructive proposals.
Our too-free enterprise system or cowboy capitalism rewards greed
so highly that it is simply incomprehensible to most people.
Kenneth Lay made off with $300-million of Enron stocks. Bernie
Ebbers made off with $400-million from World Com. Lou Gerstner
reportedly took a $500-million package upon leaving IBM. The
risk? What risk? And more importantly, how to prevent future
greed fueled disasters? Not by "rebuilding investor confidence"
even if there was any confidence left to rebuild which hopefully
there is not.
Punishment of the hard-time-for-hard-crime kind is cheap demagoguery.
It is not likely to happen and if it should, it will be useless.
How do we know? From history. Croesus was king of Lydia, an ancient
kingdom in Asia minor. He became famous for amassing the greatest
amount of gold in the ancient world. Then in 546 B.C., some captors
did him in: they melted some of his gold and poured it into his
mouth and ears. Hot stuff, but it's been 2548 years and it is
not forgotten. Today the Supreme Court would hold that cruel
and unusual and most people would agree. My objection is more
serious: it has not discouraged today's insider traders. And
probably nothing can because it is too much a part of our culture.
What to do?
What we as a nation must understand and accept is that organized
financial markets, usually called Wall Street, are unnecessary
evils even in the best of circumstances. Wall Street has been
rightly named The Big Casino, but that is undeserved flattery
because the game is rigged more than in casinos, lotteries and
race tracks. The main or sole real purpose for Wall Street is
to enable insider trading. Most people believe that Wall Street
is a rational, if not the only posssible, mechanism for capital
allocation. But 98% to 99% of transactions involve existing stock,
not new capital allocated for new ventures. And needless to say,
used stock can be traded just like used cars and used homes.
But:
Enron, World Com and many, many more would not have been possible
without Wall Street. What investor would buy $300-million in
Enron stock at arm's length from Kenneth Lay, without the kind
of investigation that would have disclosed the Enron decay to
anyone smart enough to have $300-million in hand to invest in
Enron? Without the secrecy and anonymity Wall Street provides,
the big robberies now being discovered could never have taken
place. The hard-time-for-hard-crime demagoguery only lays the
ground for the next wave of Wall Street robberies and will certainly
do nothing to eliminate greed as a motivator for platinum-collar
crime. But eliminating Wall Street will reduce crime opportunities.
Top executives can always make single-handed decisions with predictable
economic impact but will have no place to cash in on their unshared
insider knowledge. If they want to sell $300-million in stock,
they will have to do it at arm's length, like a real estate agent
selling a home. We cannot expect the beneficiaries of Wall Street
insider trading or their bribed politicians to confess and close
shop. And a has come to light in recent months, top executives
who can always make single-handed decisions in secret are not
the only insider traders. We now know that security analysts
have been doing it in two separate ways. They can make false
"sell" recommendations and when the stock drops, buy
it. A little while later, they make a "buy" recommendation
and when the stock rises, sell it and pocket the difference.
The other, more massive indiser fraud is when analysts are pressured
by their investment banking division to recommend a poor stock
highly as a favor to investment banking clients, for or in anticipation
of bribes from such clients. All these rackets would of course
not be possible without Wall Street and organized trading.
So as not to blame the crisis on capitalism, too-free enterprise
and conservatism, Bush blamed greed. But as veteran reporter
Daniel Schorr noted on VPR, Bush himself is a product of that
very greed culture with his Harken dealings and who knows what
else.
On July 19, 2002, I spent a solid, solitary hour listening to
Harry the Pits, chair, Securities and Exchange Commission, preaching
confidence and hard-time-for-hard-crime at the National Press
Club. Even for a veteran silver tongued liar for hire, he was
totally not credible, as I expected. I listened intently for
one word and it never came: greed. Even more seriously, the last
20 minutes were used for Q&A by the corporate media journalists
who were the audience and you know what? Not one raised the issue
of greed. Why? Because the main stream media know that this regime
is not about to do anything, repeat anything, to eliminate greed
and the greedy. All they are doing is a filthy white wash to
"rebuild investor confidence." Pits did not deceive
many people: the Down-Jones closed 400 points down the day of
his speech. That drop is twice as big as any following the Bush
"rebuilding" speeches. And now, with the 2002 election
over, Harry "resigned."
If I am elected, I will charter and organize a Wall Street Victims
Organization (WSVO) to shame the Congress into legislation terminating
Wall Street to prevent insider trading and to place suspects
in protective custody immediately or sooner, not to protect them
from lynch mobs but to debrief them as to where they hid or dissipated
the loot. Once the loot is recaptured, it must be deposited into
an interest bearing Wall Street Victims Compensation Fund under
WSVO management. Also, my proposal will include a criminal/civil
federal process where any facts obtained by the government prosecutor
will be immediately used by the same court to award compensatory
and punitive damages to the victim. The government attorney will
of course be paid an incentive percentage of the damages awarded
to the victim.
I believe a better world is possible and it can be legislated
if a majority of the voters will it.
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