Tag Archives: Valukas

An Offer of Assistance to Senator Claire McCaskill in her Investigation of GM

By William K. Black

“‘I won’t be letting G.M. leadership, or federal regulators, escape accountability for these tragedies,’ Senator Claire McCaskill, the Missouri Democrat who is chairwoman of a Senate subcommittee on consumer protection, said in a statement.”

Senator McCaskill’s statement makes the correct points.  GM’s leadership and the federal regulators have, to date, “escape[d] accountability.”  I want to extend an offer of assistance to Senator McCaskill.  The key to understanding GM’s otherwise incomprehensible actions is to understand the perverse effects of the compensation system that GM’s leadership designed.  This is one of our areas of expertise.

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Valukas Assumes GM’s Reported Quality Was Real despite 13.8 Million Recalls in Five Months

By William K. Black

I just posted an article about the ludicrous excuse that Mary Barra, GM’s CEO, offered in her congressional testimony for GM’s lengthy refusal to correct a design defect it knew was killing and maiming people.

The defective design caused GM cars, without warning, to suddenly lose electrical power essential to the driver’s ability to control the car and for the air bags to function.  The car became an unguided missile and simultaneously lost the protective device that was most critical to safety in such circumstances.  The design defect, therefore, endangered not only GM customers but also anyone in the vicinity when the GM car lost electrical power.

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How Institutional Defects Get Ignored: The GM – and Lehman Reports by Valukas

By William K. Black

The beleaguered profession of law has one lucrative growth area – preparing reports for a corporation on the misdeeds of the corporation. One of the leaders in this burgeoning field is one of the Nation’s top white-collar defense firms – Jenner & Black. Its head, Anton Valukas, is now famous for the “Valukas” reports for Lehman and GM. I testified at the same House hearing on Lehman’s failure with Valukas. Valukas famously suggested there could be grounds for criminal prosecutions of Lehman’s use of an accounting device designed to deceive investors and creditors about the (crippling) extent of its debt. Attorney General Holder and a senior SEC (anti) enforcement leader combined to allow Lehman’s officers commit this variant of accounting control fraud with impunity. (This is one the events that sparked the recent long-time SEC enforcement attorney’s evisceration of the SEC at his retirement dinner.)

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