Yearly Archives: 2014

Risk managers should learn from the mistakes of others

Bill Black has just received unsolicited praise for his book about control fraud theory from one of the most credible sources possible.  Vincent Kaminski was Enron’s (honest and exceptionally skilled) top risk officer.  His positive, but ultimately futile, role at Enron is discussed in all the best books about that classic example of an accounting control fraud.  Kaminski has just written that:

“There is one particular book I wish I had read in the early days of my business career, which would have saved me and the firms I worked for a lot of money.

The book, entitled The best way to rob a bank is to own one: how corporate executives and politicians looted the S&L industry, was written by William Black, associate professor of economics and law at the University of Missouri-Kansas City. It is based on his experience as a regulator of savings and loans (S&L) institutions during the S&L crisis of the 1980s and early 1990s. Within its pages, Black introduces the concept of ‘control fraud’ – effectively, a very simple recipe for great riches and limited civil and criminal liability.”

NEP thanks Energy.net and Risk.net for their kind permission to reprint the excerpt of Mr. Kaminksy’s post that was originally posted on 12 March 2014.

Bitcoin’s Evolution toward Self-Destruction

By Dan Kervick

John Gapper, writing in the Financial Times, argues that Bitcoin enthusiasts need to grow up, and that Bitcoin itself needs to grow out of its obsessive adolescence. He writes in the aftermath of last week’s Newsweek story purporting to identify Bitcoin’s creator, and following the recent collapse and bankruptcy filing of the Mt. Gox Bitcoin exchange. In regard to the first event, which has sparked an outburst of hysterical resentment from the Bitcoin community, Gapper writes:

The hysteria undermines Bitcoin’s chances of graduating from a hobbyists’ obsession to a mainstream technology. You cannot challenge fiat currencies and disrupt the global payments industry while reacting to any uninvited scrutiny like an adolescent whose parent has opened the bedroom door without knocking. It does not work that way.

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NEP’s Bill Black’s Presentation at UMKC’s TedX

In the spirit of ideas worth spreading, TEDx is a program of local, self-organized events that bring people together to share a TED-like experience. At a TEDx event, TEDTalks video and live speakers combine to spark deep discussion and connection in a small group. These local, self-organized events are branded TEDx, where x = independently organized TED event. The TED Conference provides general guidance for the TEDx program, but individual TEDx events are self-organized.* (*Subject to certain rules and regulations)

Utopia, Dystopia and the Future of Work

By Dan Kervick

There has been a lot of discussion recently about the pace of automation and the impact of technology on the future of work. Many purport to see the dawning of a new robot future in which many, perhaps most, of today’s jobs will be performed by machines. This line of thought tends to spin off into one of two alternative directions, one bright and one dark: The brighter view is a kind of techno-utopianism that looks forward to a future in which formal human employment has become less important to our society, and in which we will all enjoy lives of fulsome leisure based on an equitable sharing of our robot-manufactured abundance. The darker outlook is a species of techno-dystopianism driven by fear of mass unemployment and the growth of a burgeoning and struggling underclass of unemployed former workers, displaced and excluded from the economic mainstream of their societies, and surviving on whatever handouts and pittances the economy’s owners are willing to give them to keep them docile.

Both of these contrasting visions of our robot future, however, share the idea that automation will lead to an overall reduction of formal human employment. While I suppose both futures are possible, we might ask why this shared vision has become so popular. After all, modern economies in the technologically developed world have seen tremendous growth in both wealth and productivity in recent centuries, but have generally managed to create many new forms of employment to replace the older forms as they were reduced, or as they disappeared altogether. Why shouldn’t this process continue indefinitely?

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The Financial Sector Is the Greatest Parasite in Human History

By Ben Strubel

Before I begin this article want to make the point that what I’m about to say doesn’t apply to everyone in the industry. While the average mutual fund, broker, wealth manager, and hedge fund charges high fees and delivers poor results it doesn’t apply to everyone. I know lots of good, honest hedge fund managers that charge reasonable fees. I know lots of wealth managers that act in their client’s best interest and don’t gouge them on fees. Unfortunately these are the exceptions rather than the rule.

Over the past year or so, the issue of rising income inequality in the United States (and even worldwide) has come front and center. Most of what I’ve read has focused on wages, union membership, unemployment, taxation, government subsidy, and executive pay issues.

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The Oppressive Free Lunch

By J.D. Alt

alt-lunchTrying your best to balance the Federal Budget with a limited number of Tax Dollars—and doing so while visibly displaying great compassion for your fellow citizens in the hope they might reelect you—requires some very special thinking skills. These unique skills of rational analysis and gentle compassion were on display recently when Congressman Paul Ryan gave a speech to the Conservative Political Action Conference laying the ground work for his forthcoming efforts to cut the deficit by “reforming” the welfare system.

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Trying to Hold a Serious Discussion about Ethics and Control Fraud with Deal Book via Twitter

By William K. Black

Twitter allows one to spread certain concise statements exceptionally quickly, but it is a vain effort to hold a serious and nuanced discussion via Twitter.  I offer my twitter exchanges with two of Deal Book’s financial reporters on the subject of the New York Times story discussing the Manhattan DA’s indictment of the former leaders of the failed Wall Street law firm Dewey & LeBoeuf as an example.

The indictment alleges facts that if true would demonstrate that they were running the firm as an accounting control fraud for several years before it collapsed.

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Deal Book Thinks Lawyers’ “Cardinal Rule” is to Advise CEOs how to Defraud with Impunity

By William K. Black
(Cross posted at Benzinga.com)

Overview and Background

The New York Times’ “Deal Book” continues its ethics-free treatment of the ethical collapse of the leaders of many of our most elite firms related to finance. Matthew Goldstein’s*  March 6, 2014 article is entitled “4 Accused in Law Firm Fraud Ignored a Maxim: Don’t Email.”

The article is about the indictment charging the leaders of one of finance’s leading law firms – Dewey & LeBoeuf – with securities fraud and larceny.

“The indictment paints a portrait of a law firm being run like a criminal enterprise. Mr. Vance said his office had already secured guilty pleas from seven other people who once worked for Dewey.”

Deal Book refuses to recognize control fraud even when the indictment describes a control fraud.  The indictment does not “paint a portrait of a law firm being run like a criminal enterprise.”  The indictment describes a criminal enterprise led by the partners controlling Dewey & LeBouef.  Deal Book still can’t bend its mind around the fact that seemingly legitimate firms make the best “weapons” for fraud.

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Peterson Thinks We Need Austerity While He Lives It Up!

By Joe Firestone

The Peterson Foundation reacted to the President’s budget document with a report repeating its usual whining about the debt problem, and the need to cut entitlements. Here are quotations from the report and my explanations of why they are ridiculous deficit/debt terrorist nonsense.

While today’s deficits are much lower than those during the financial crisis and recession, over the next ten years debt will remain at historically high levels under the policies outlined in the President’s budget. Over the long term, our debt is on a rising and unsustainable path that harms our economy and threatens our future standard of living.

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No, Virginia, the Austerity Era Is Not Over

By Joe Firestone

If the President’s budget were enacted by Congress, and OMB’s projections over the next decade hold, it would almost certainly mean economic stagnation punctuated by recession over the next decade. Would it also mean austerity, however? Let’s see.

The Sector Financial Balances (SFB) model is an accounting identity, and these are always true by definition alone. The SFB model says:

Domestic Private Balance + Domestic Government Balance + Foreign Balance = 0.

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