Enron
Another tale of corporate greed
New York Attorney General Elliot Spitzer says Merrill Lynch, like Enron, intentionally peddled bad investments to boost its bottom line.
Every day the morning paper brings a fresh example of the flotsam bubbling to the surface following the collision of corporate greed and post-Enron reality: Golden boy executives forced to walk the plank, formerly high-flying companies “restating” fraudulently inflated earnings, internal e-mails exposing the depths to which Wall Street firms have sunk to boost their bottom lines.
Yet the word emanating from on high — from the well-appointed congressional committee rooms of Washington to the elegant dining rooms of L.A. — is that the worst is behind us. Yes, they say, Enron was a bit of a wake-up call, but let’s not overreact. We’ve learned our lesson, so please pass the truffle sauce and let’s move on.
And, more than likely, that’s exactly what we’d be doing were it not for Eliot Spitzer, the crusading attorney general of New York, whose investigation into conflicts of interest in the investment banking world is ruffling feathers from Wall Street to Capitol Hill.
His probe has so far uncovered shocking evidence that analysts at Merrill Lynch gave investors misleading stock recommendations in order to help promote companies their firm’s investment bankers were doing business with. It has also forced the sheep-in-wolf’s-clothing Securities and Exchange Commission to actually begin to do its job and launch its own inquiry into the matter.
The result? Well, surprise, surprise, Spitzer is now being told to back off and leave the matter to the big boys in Washington. While being careful not to cross jurisdictional swords, SEC chairman Harvey Pitt gently reminded Spitzer that “only the federal government can set nationwide standards.” And Rep. Richard Baker, whose capital markets subcommittee held hearings on conflicts of interest on Wall Street, cautioned Spitzer: “It is essential that the SEC now lead the concluding phase of this inquiry.” Concluding phase? Baker thinks the inquiry is wrapping up while Spitzer, who is after fundamental reform, knows it has barely begun.
So now he’s having to both take on the bad guys — and the guys who are supposed to protect the public from the bad guys. If Congress and the SEC had done their jobs, there would be no need for Spitzer.
The good news is that he is a man on a mission and won’t be easily deterred. “Nobody can force me to pull back,” he told me, “and I have no intention of doing so.” As for the urgings of Pitt and Baker, Spitzer doesn’t pull any punches: “The hearings conducted by Mr. Baker were pointless. They didn’t ask the right questions and they didn’t produce the kind of evidence necessary to bring about real reform. As for the SEC, it clearly didn’t step up and prevent these abuses from occurring.”
Spitzer is savvy enough to realize that he won’t be able to overhaul the way Wall Street does business without the support of the public — and its outrage. That’s why he released those damning Merrill Lynch e-mails, in which the firm’s analysts privately trashed companies as “a piece of crap” (and other, less publishable, synonyms) while publicly urging investors to buy shares in the same companies. The e-mails also show that the highly touted “Chinese Wall” between Merrill Lynch’s stock researching analysts and its stock promoting investment bankers was more of a wide-open gate. “The whole idea that we are independent from banking,” wrote one analyst, “is a big lie.”
Spitzer’s gambit has paid immediate dividends, shaming Merrill Lynch’s CEO, David Komansky, into offering a mea culpa — albeit a mealy-mouthed one. “Anything that happens on my watch,” said Komansky, “I’m responsible for. Those e-mails were embarrassing to me and I truly regret that they ever happened.” Notice that he doesn’t regret the out-and-out fraud the e-mails reveal; he regrets the e-mails. How much do you bet that the newest Merrill Lynch employee-training session is something on the lines of “Making the delete key your new best friend”?
Komansky’s carefully calibrated contrition was the very model of the latest in P.R.-approved damage control: Apologize quickly, accept responsibility, and put the past behind you. Only you don’t really apologize, and you don’t really accept responsibility. It also doesn’t hurt to hire high-profile power players to help guide you through the crisis. To that effect, Merrill Lynch has retained Rudy Giuliani as an advisor. Maybe he can give them Mike Milken’s number.
But all the apologies and damage control in the world won’t make this problem go away. Too many people were lied to and financially devastated along the way. Since the Merrill Lynch e-mails were made public, lawyers across the country have been inundated with calls from angry investors looking for restitution.
“Merrill Lynch used to be the gold standard for how an investment banker should do business,” Philip Aidikoff, president of the Public Investors Arbitration Bar Association, told me. “Now, at my firm alone, we’re getting 40 to 45 calls a day from Merrill customers who feel they’ve been duped.”
So Merrill Lynch has gone from gold standard to “crap” pusher. And it’s not alone. To pull our corporate culture out of the muck, it’s going to take more than public contrition and nonstop mea culpas on CNBC, which, given the current volume, may have to turn itself into the Self-Flagellation Channel. It will take some CEOs paying a real price for fraud, and securities regulations with real bite.
Stay tuned, this one is far from over.
Arianna Huffington is a nationally syndicated columnist, the co-host of the National Public Radio program "Left, Right, and Center," and the author of 10 books. Her latest is "Fanatics and Fools: The Game Plan for Winning Back America." More Arianna Huffington.
The Wall Street Journal’s Freudian tweet
The newspaper declares Enron-inspired Sarbanes-Oxley law struck down by Supreme Court. Er, not so fast
The Wall Street Journal has never made any attempt to hide its antipathy for Sarbanes-Oxley, the Enron/Worldcom-inspired law that attempted to increase oversight on public company accounting. The Journal’s position is that the law imposed costs on businesses that hurt the overall economy. Since this is the Journal’s editorial position on any legislation that tries to rein in the business world, no one was ever required to take their rantings too seriously (even though, it is true, Sarbanes-Oxley has resulted in compliance costs that can be challenging for smaller public firms).
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Andrew Leonard is a staff writer at Salon. On Twitter, @koxinga21. More Andrew Leonard.
Jack Abramoff, Eliot Spitzer: A tale of two swindlers
What connects the disgraced N.Y. governor and the jailed D.C. lobbyist? Oscar-winner Alex Gibney explains
Former New York governor Eliot Spitzer speaks at the Reuters Global Financial Regulation Summit 2010 in New York April 28, 2010. REUTERS/Brendan McDermid (UNITED STATES - Tags: BUSINESS HEADSHOT)(Credit: © Brendan Mcdermid / Reuters) What do the following have in common: Imprisoned Washington lobbyist Jack Abramoff, disgraced ex-New York Gov. Eliot Spitzer, the collapse of Enron, the Bush administration’s torture policies, the late gonzo journalist Hunter S. Thompson? Before we go chasing some thread of thematic continuity — and we could definitely do that — let’s observe the emotional connection. All of those people and things provoke or embody big, visceral reactions: shock, outrage, disgust, amazement.
Continue Reading CloseExclusive Alex Gibney clip: Jack Abramoff and healthcare
See a deleted scene from Oscar-winner Alex Gibney's new movie about the guy who dosed Congress with dirty money
In an exclusive premiere for Film Salon readers, here’s a deleted scene from Oscar-winning director Alex Gibney’s upcoming documentary “Casino Jack and the United States of Money.” The film recounts the horrifying, mesmerizing saga of über-lobbyist Jack Abramoff and the congressional corruption scandal of the late ’90s and early 2000s that dramatically changed the landscape of Washington (and definitely not for the better).
Continue Reading CloseIt’s time for Wall Street to pay
We need accountability -- as in, jail time where warranted -- for those who created the financial disaster
James Cayne of Bear Stearns, John Thain of Merrill Lynch, and Lloyd Blankfein of Goldman Sachs Almost everybody’s got their noses out of joint these days — and no wonder. If there’s a significant American institution that hasn’t failed in its fundamental public responsibility over the past decade, it’d be hard to identify.
Writing in Time, Christopher Hayes puts it succinctly: “Nearly every pillar institution in American society — whether it’s General Motors, Congress, Wall Street, Major League Baseball, the Catholic Church or the mainstream media — has revealed itself to be corrupt, incompetent or both. And at the root of these failures are the people who run these institutions, the bright and industrious minds who occupy the commanding heights of our meritocratic order.”
Continue Reading CloseArkansas Times columnist Gene Lyons is a National Magazine Award winner and co-author of "The Hunting of the President" (St. Martin's Press, 2000). You can e-mail Lyons at eugenelyons2@yahoo.com. More Gene Lyons.
Sundance: Searing portrait of a top lobbyist
Oscar-winner Alex Gibney talks about his new Jack Abramoff expos
18 Aug 2005, MIAMI, FL, USA --- Washington lobbyist Jack Abramoff leaves the courthouse in Miami August 18, 2005. Abramoff, a central figure in investigations involving House Majority Leader Tom Delay, plans to fight charges he defrauded two lenders of $60 million to buy a casino cruise line, his lawyer said on Thursday. Abramoff, a well-connected Republican lobbyist, and Adam Kidan, his partner in the $147.5 millions buyout of SunCruz Casino five years ago, were indicted by a federal grand jury in Fort Lauderdale, Florida, on August 11. --- Image by © CARLOS BARRIA/Reuters/Corbis(Credit: © Carlos Barria/reuters/corbis) PARK CITY, Utah — Alex Gibney’s new documentary, “Casino Jack and the United States of Money,” which premiered at Sundance this week, is much more than a shocking and highly entertaining movie about Jack Abramoff, the über-lobbyist at the center of the biggest corruption scandal in congressional history. It’s a portrait of a political system that has been poisoned down to the root by the pernicious influence of big money, by the buying and selling of connections and influence, and by a radical free-market ideology that has been systematically employed to undermine the principles of representative democracy.
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