Our Corporate Criminal President
by Maria Tomchick
Nothing could be sadder--or funnier (you choose)--than watching President
Bush give a speech, and then immediately watch the stock market take a
historic dive.
George Bush would have served everyone better if he had kept his mouth
shut about corporate responsibility and let Congress do its work. The main
problem, of course, is his own lack of credibility on the subject.
In the 1980s, Bush sat on the board of Harken Energy Co. when it
improperly booked the revenue from a sale made to a group of its own
insiders. The Securities and Exchange Commission investigated and made the
company restate its finances. (Does this sound like Enron?) And Bush can't
claim to have been misled about it all--he sat on a three-person audit
committee at Harken that approved the deal.
Then there's the insider trading rap. George Bush sold $800,000 worth of
stock in Harken just before the company declared a loss and its stock
price plunged. Sound like Enron executives? It turns out that the
president of Harken sent a letter to all three members of the audit
committee--Bush included--just four days before Bush sold his stock. The
letter discussed Harken's cash flow problems and troubles with its
creditors. Bush simply can't claim he didn't know the company was having a
bad quarter.
Then we find out that Bush got a couple of cheap loans from Harken that
allowed him to buy his Harken stock in the first place. Sound like
Worldcom?
Yes, Bush is as filthy as Kenneth Lay or Bernard Ebbers. And when he was
pressed by journalists to explain his Harken Energy dealings, Bush said:
"Sometimes things aren't exactly black and white when it comes to
accounting procedures."
No kidding. In that one statement, Bush explained what's wrong with our
system, while simultaneously confirming that he's part of the problem.
Investors--large, institutional investors as well as ordinary, 401(k) plan
savers like me--watched the Bush speech and waited for him to say
something of substance, to give his plan for how to clean up the system.
We waited in vain.
He suggested doubling the criminal sentences for company executives caught
committing fraud. That's fine--except, we all know that nobody is ever
prosecuted for fraud. Who, after all, is willing to testify against the
boss (and would they be believed?). Which upper management drones would be
willing to turn in the CEO when they themselves are also complicit? We all
have, fresh in our memories, the picture of Kenneth Lay and Jeffrey
Skilling of Enron pleading the Fifth. And the more recent picture of
Bernard Ebbers and Scott Sullivan of Worldcom pleading the Fifth. With no
evidence and no witnesses to testify about who knew what and when, there's
no prosecution possible.
Bush suggested preventing corporate officers from receiving loans from
their companies. Nice try, but it would seem more heartfelt if he hadn't
already availed himself of this perk at Harken.
He suggested full disclosure of CEO compensation. Uh, excuse me, Jr., but
that's already an SEC requirement. If he had said separate
disclosure, that would have made sense. Currently CEO compensation is
buried within the volumes of paper companies file with the SEC every year.
Bush proposed barring members of the board of directors from having a
financial stake in the company. That's laughable. Currently, the only way
companies can attract people to sit on their boards is to offer them a
financial stake. Otherwise, people would find more important--and more
profitable--things to do with their time.
As for enforcement, he offered to beef up the SEC with a measly $20
million. The SEC is woefully understaffed and underfunded--a legacy of the
Reagen years that has continued to today. But even so, it's budget is $700
million. An extra $20 million will do little to help the SEC review the
highly technical and detailed financial statements filed by over 900
publicly-traded corporations approximately every three months.
Finally, Bush said he would create a new taskforce within the Justice
Department to focus on financial crimes. As a show of his sincerity, he
appointed as head of the taskforce a man who has worked as a defense
lawyer for corporate criminals, including Enron, and who sat on the board
of a credit card company, Providian, when it was forced to settle a $400
million lawsuit for fraud.
More importantly, Bush didn't talk about the things that we needed to
hear.
For example: companies could be forced to take stock options as an expense
on their books instead of treating them as freebies. Companies could be
forced to limit executive compensation and bar corporate officers from
receiving stock options. (This, after all, is the reason for the fraud in
the first place: executives who have a major financial stake in
their companies will do anything, including fraud, to boost the stock
price.) Instead of a wimpy taskforce in the Justice Department--which is
already swamped with sniffing out terrorists on ferry boats, in mosques,
and in any public gathering of 3 or more people--Bush could create a new
agency to oversee the accounting industry and/or undertake a revision of
our vague and out-of-date accounting rules system.
But, just as we know that Bush has benefitted from the corrupt system as
it exists now, we also know that he's not interested in deep change. Only
the "image" will be changed in the hopes of restoring elusive, intangible
"investor confidence."
Investors, however, are real people who've seen their earnings disappear,
and with them, the very real hopes of a decent retirement, college savings
for their kids, vacation money, down payments for homes, and, for
retirees, money to pay their bills right now. "Image" is just not enough.
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