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New TMF on Enron
[link|http://www.fool.com/news/foth/2002/foth020117.htm?ref=foolwatch|The Motley Fool on Enron] Excerpts from today's Fool on the Hill:

The damage, though, goes way beyond Enron, because it calls the entire American market's integrity into question. America and its investors have been able to sit up on the mountaintop, confident with the knowledge that the Securities and Exchange Commission is charged with "protecting investors and maintaining market integrity." On the balance, the SEC does an admirable job, and because of their efforts, the United States stock markets are the destination of choice for scores of millions of international investors. We can even call it "the SEC Premium," if you want. For this very reason, The Motley Fool has counseled American investors that there is no need to invest overseas , that shareholder protection is inferior in nearly every other market. Disclosure laws in Japan? Forget it. Trust the regulators in China? Not a chance, particularly in light of the fact that the government is the majority owner in many companies. Germany? Good regulatory framework, but its accounting rules are a shambles.

Here, we thought, we had the best of all worlds, even though there are always going to be shysters, and there will always be another dupe. But Enron is different, because it calls into question whether we can trust anything from any public company. None of the checks worked, because the system is corrupt. Many investors are getting wise to the fact that they cannot trust the opinions of Wall Street analysts due to conflicts of interest. But financial filings are not opinions, they are stated as fact, and reviewed and signed off on by an independent auditor. As it turns out, we cannot trust the auditor, because in this case Enron's accountant, Arthur Andersen, KNEW, starting at least in February, that something was deeply rotten in Houston, and they did nothing, and still signed their approval on two additional disgusting farces parading as quarterly reports.

Arthur Andersen, the company, seems that it will pay the price for its complicit actions in deceiving shareholders, as it is now the target of scores of lawsuits, not to mention potential civil and criminal cases. But unless the pain is felt by the individuals who skirted the law at Enron and their conspirators at Andersen, there will be nothing to stop this from happening again. The penalty for gaming the American markets must be severe, it must be painful, and it must deprive the perpetrators of the money they so desperately crave.

Enron shareholders have no chance at all to be made whole once again, nor should they be. But the appearance that the United States markets are corrupt must be fought with ruthlessness.

Hit 'em where it hurts, and look angry about it. This is no time to play politics.


I think he makes a good case in his indignation. Unfortunately, many politicians believe the best time to play politics is when it's "no time to play politics."

Cheers,
Scott.
New Indeed, one would have to be Pollyanna
not to strongly suppose that Enron is simply the larger Visible event. The conflicts of interest, insider trading enforcement (despite the putative punishments - as usually befall only an inept small timer: for effect) - all mirror the War on Drugs and our countless other wars. They are all spin. Just like "AMA self-discipline of inept MDs". Hah!

(And I once witnessed first-hand - just how the insider network functions)

What do you imagine are the odds of a radical ie root overhaul of Corporate Law - the parent of mere investment regulations? 1:100 or .. worse?

Trustworthiness began bleeding from Murican bizness IMO proportionally to the growth in wannabe Billys: as many rushed to employ the same means, while making their work force a commodity: the temp. By all previous standards - today one need not be a zealot to observe that, Murican Bizness has become as unAmerican as any actual 'Commyunist' ever was!

Vulture Capitalism may kill us by the death of a thousand 'cuts'. (My only market involvement now is.. where I have no choice. It's a lottery best played by mostly, the 3% Insiders)

Will have to check in on Motley periodically, see their followups.. nice take.


Ashton
New Re: TMF on Enron
The MF is exactly right in that the biggest scandal in the Enron collapse is the complicity of Anderson in Enron's accounting fraud.

But punishment is not likely to change the behavior of auditors, because the incentive structure at the big accounting firms is badly screwed up.

Here's how the system should work. In order to attract outside investment, a company needs (among other things) to be able to convince investors that its financial statements are accurate. An outside auditor is useful in convincing investors of this, to the extent that the auditor is perceived to be honest and independent. Essentially, the auditor is selling their credibility and reputation for trustworthiness. So the company has an incentive to hire a credible auditor (to help it attract capital), and competition means that accounting firms have an incentive to be honest (because they will attract business in proportion to their reputation).

However, in the US there are two points at which this nice model breaks down. First, the big accounting firms make most of their money from management consulting, not from accountancy. So here's the first conflict of interest: when auditing a big firm, the accountancy has an incentive to sweep irregularities under the rug, because the revenue from the consulting can be bigger than potential lost auditing business in the future. Second, there are only a few big accounting firms -- Andersen, Deloitte and Touche, Ernst and Young, KPMG, and PricewaterhouseCoopers. With such a small number of accountancies, its possible for them to cartelize and lower their standards of trustworthiness, since a big firm has no choice but to employ one of them. So in this case it's possible for the accountancies to engage in a "race to the bottom".

To avoid similar scandals in the future, first, what the SEC needs to do is to forbid the accountancies from doing management consulting. And second, the Justice Department needs to use antitrust law to break up the accounting firms so that there's more competition in the market.
New What big 5? Will be the big 4 shortly
My Dreams aren't as empty as my conscience seems to be
New Antitrust not applicable to oligopoly
Unless you can show that the big 5 have heavily colluded, there ain't no way that the antitrust laws, as they currently stand, can be used against oligopolies. It's been tried against big oil, cereal companies, auto companies, etc... and has never been successful.
New Points echoed on NPR just now, Dave Martin -
an econ / business professor added a bit on the weakening of the Financial Accounting Standards Board in the course of vicious fighting / lobbying in Congress recently, over just your points:

The intermixing of auditing and ""consulting"" functions - a proposed amendment would also have forced disclosure of stock options given Acct'g firms' execs yada yada. He described the action then as, "taking a big bag of coins and walking the halls of congress, dropping them in slots.."

All quashed: Phil Gramm (he of the Enron-wife) proposed a compromise bill which - natch preserved all the perks / did nothing. 'Course ol Phil retired.. just about the time E was heading for the toilet.

Oh well, Civics 101 and Econ were fiction courses, right? It's actually a Billy n'Bally world but ssshhh!


A.
     TMF on Enron - (Another Scott) - (5)
         Indeed, one would have to be Pollyanna - (Ashton)
         Re: TMF on Enron - (neelk) - (3)
             What big 5? Will be the big 4 shortly -NT - (boxley)
             Antitrust not applicable to oligopoly - (ChrisR)
             Points echoed on NPR just now, Dave Martin - - (Ashton)

I seem to remember a rather Stupid rendition sometime back.
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