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Corporate
crime / WHERE DID IT GO?
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Seemed
like that 1990s’ bull market was just never going
to stop.
But it did. And it wasn’t pretty for lots of
folks. They lost their jobs
or were suckered into putting
their retirement nest egg into a ‘sure
thing’.
Some of that wealth just seemed to vanish into thin
air
after
those pumping the 40,000-point-Dow were revealed
as
mindless hucksters. But $4.7 trillion is a lot of green
and
some of it must have stuck to eager fingers
on the way down.
I
had
to find out
the whos and hows.

Illustrations: © 2003
Jim Miller
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THE
ACCOUNTANTS
Amongst the avalanche of deregulation
that purged companies of annoying safeguards was a 1978
rule that allowed major accounting firms to hire themselves
out
as lucrative consultants to corporations whose accounts they were also auditing.
Soon exciting consulting outstripped sober auditing as a substantial source
of income. For example PricewaterhouseCoopers (PwC) took $38 million in consulting
fees from the now disgraced Tyco Corporation but just $13.2 million in auditing
fees. Soon accountants were engaged in a game of wink and nod that saw an accounting
firm like Andersen okay deals like that which buried Enron debt in off-books
special partnerships. Andersen’s slogan to attract consulting clients
had promised ‘Your profits will snap, crackle and pop.’
Well
pop’s right anyway. Although Andersen bore the brunt
of the resulting backlash there is virtually no major accounting
firm that has not been fined or settled shareholders’ suits
for lax auditing practices of their corporate clients. A
1998 internal investigation at PwC found 8000 cases of executives
making investments in companies they audited.
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ANALYSTS
AND BROKERS
The 1990s was the age of the celebrity
analyst. You may not have heard of Jack Grubman, Henry
Blodget, Mary Meeker and Abby Joseph Cohen but thousands
of small-time
investors hung on the every word of these superstar ‘stock pickers’.
In their salad days Grubman was working for the stockbroker Saloman Smith Barney
and earning $20 million a year, while Blodgett over at Merrill Lynch pulled down
a cool $12 million. Brokers in the same companies were making a mint in commissions
selling the stocks hyped by their research departments. Multiply this by thousands
of other analysts, brokers and companies and you get an idea of the volume. At
the beginning of the 1990s ‘buy’ recommendations outnumbered ‘sell’ by
6 to 1; by the end of the decade it was 100 to 1. The same companies who employed
the ‘stock pickers’ were also often engaged in investment banking,
mergers and acquisitions and capital market decisions involving the companies
whose stocks were being pumped. Yell ‘conflict of interest’ all you
want! In many cases the stock pickers didn’t change their ratings until
well after corporate meltdown was obvious even to chumps like me.
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CEOS’ STOCK
OPTIONS
Back in the 1980s somebody had the
brilliant idea of rewarding the Chief Executives (and other
corporate bigwigs) with stocks they could buy cheap to
encourage them
to hike stock value at all costs. The idea was as old as capitalism – harness
private greed for the overall (corporate) good. But the beauty of a stock is
its ‘liquidity’ – it can be sold whenever the bearer chooses – and
that’s just how the Gordon Skillings and Ken Lays of Enron and a host of
others played it. When their insider perspective allowed them to see trouble
on the horizon they sold, and sold big, while at the same time encouraging ordinary
chumps to continue to buy. Altogether US corporate executives are estimated to
have walked away with some $66 billion during the 1990s’ boom and ended
up selling their company stock before their companies crashed and burned.
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THE
DARK ARTS OF DERIVATIVES
At last count the murky world of ‘derivatives’ built around a series
of complex trading interactions to ‘manage risk’ – or, in other
words, betting on the future – is an $82.7 trillion business worldwide.
It started in the 19th century in Chicago betting on ‘futures’ mostly
in agricultural commodities but today has ballooned into a complex series of
trades with its own arcane language: options, swaps, swaptions on everything
from future currency and interest rates to the weather or the fate of Saddam
Hussein. A huge amount of money has been made in commissions by derivative traders
and by those who know how to ‘hedge’ risks effectively. But fortunes
have also been lost, bringing to earth such venerable institutions as the Barings
Bank in Britain and the highly regarded Long Term Capital Management in the US.
The US financial guru Warren Buffett has denounced the instability of derivatives
and their tendency to facilitate ‘huge-scale frauds and near frauds’.
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PERKS
FOR THE EXECS
At a time when buoyant stock value
demanded wide-ranging layoffs and downsizing those at the
corporate helm were coddled and had their ‘needs’ sympathetically
tended. Insider loans (frequently forgiven) at attractive rates were made available
to hard-pressed execs and their families. John Rigas and his kin pulled $3.1
billion out of Adelphia Communications, Bernie Ebbers $408 million out of WorldCom
and the high-living Dennis Kozlowski got $88 million from Tyco. Sure, these guys
had a lifestyle to maintain – Kozlowski alone had seven multi-million dollar
homes to keep up, after all. Then there were the retirement packages and golden
handshakes. Take Jack Welch, the legendary CEO of General Electric, under whose
watch tens of thousands of workers lost their jobs. In addition to millions in
lifetime income, Jack walked away with perpetual use of the company jet, apartments,
maid service, limos, phones, country- club memberships and prime tickets to Wimbledon,
the opera, the US Open and every New York Knicks home game.
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