Archive for the ‘International’ Category

The Global Trend of Regulation…And how Current Regulators Are Opposing the Trend

Thursday, February 25th, 2010

Tim Geithner, America’s treasury secretary, promises a complex regulatory overhaul by mid-June and Europe is not wasting any time either.

The European Commission announced the formation of two institutions, the European Systemic Risk Council (ESRC) and the European System of Financial Supervisors (ESFS).  These organizations, it is hoped, will rectify the trans-national banking problem that occurs only in Europe.  The problem is that European banks are allowed to operate across any border, but the home country is saddled with the responsibility of supervising the banks in whatever country the bank operates.  Thus, it takes only one country to disrupt the economic equilibrium in the European Union, as this financial crisis has revealed.

Some think that the ESRC and ESFS may not be as effective as hoped.  There are those who argue that fundamental issues such as funding and governance was not adequately addressed in the establishment of these organizations.  The argument goes further to hold that the European Commission is being too hasty in the formation of these noble organizations.  They may be correct because it is hard for any organization to make much of a contribution if it is not funded and/or goverened.  And funding and governance are always areas ripe for debilitating debates and arguments among the countries comprising the EU.

In America, the big banks will grudgingly accept further regulation if greater stability is provided.  However, in the nation’s capital, regulators and Congress leaders squabble over ideology.  Sheila Bair of the FDIC and John Dugan of the Comptroller of Currency are at odds at what the FDIC should be allowed to do.  Bair favors the FDIC’s role as a liquidator of non-banks as well as banks, an idea which Dugan strongly opposes.  There is no clear plan for what would be a systemic regulator in the U.S economy either.  The existing regulators, involved with government agencies in desperate need of modernization, are understandably very concerned and very vigilante about any immediate changes to their status quo.  In short, the perfect storm of partisan politics and the lobbyists of the existing regulators, will most likely make 2009 a year that sees fewer regulatory changes.

So, while there seems to be a demand for regulation on a grander scale for the banks/financial companies the regulators are already tearing apart that idea.  I think that some form of consolidated regulation on a (hopefully) temporary basis could be just what the world needs.  Whether the world gets it is another question altogether.

To view more info/ipinion on this issue, click here.

Madoff Fallout: Bank Medici Loses License

Thursday, February 25th, 2010

Bank Medici AG lost it’s banking license this past Thursday.  The financial banking authority of Austria, the Financial Market Authority, took action because the bank’s starting capital mark dropped below the 5 million Euro requirement.  Bank Medici claimed that it suffered huge losses due to Madoff’s massive Ponzi scheme.  The bank noted on its website that it will still fight in the interest of its clients and make its decisions accordingly.

Read the full story here.

Interesting Twist In Hedge Fund Manager Stock Fraud Charges

Thursday, February 25th, 2010

The twist is not soo much that he got caught with his hand in the proverbial cookie jar.

Mark Bloom, the former manager of the North Hills Management hedge fund based out of New York, was able to start and operate North Hills separately while he was working for another money manager (which, by the way, is also involved in a $500+ million fraud complaint).  Bloom claims that he will be using a public defender to defend the stock fraud charges against him.  After one of the biggest investors in North Hills Management demanded redemptions and Bloom evaded those request, the investor, a charity, sued because the charity believed that Bloom was using hedge fund money for personal conspicuous consumption.

For more on the story, click here.

Madoff Update: “Deeply flawed individual” sentenced to 150 years but says he’s sorry…

Thursday, February 25th, 2010

His own lawyer calls him a “deeply flawed individual” and I nominate that for the understatement of the recession.

Madoff’s fraud is an almost unbelievable scam, spanning a reported $170 billion dollars through his company, decades of time, abuse of untold friendships, and destruction of tens, hundreds, maybe thousands of peoples’ lives.  This is not a scam limited to the primary vicitims, no, this scam has destroyed many families for generations to come because soo many invested everything they had.

But Madoff says he’s “sorry.”  Due to the type of damages these cases do to families, retirees, and anyone touched by the scam, I am not sure “sorry” does it.  I think spending the rest of his life confined in a spartan cell with plenty of time to think about all the horror he inflicted and to feel all the anguish and loss of his victims, but maybe that gives him too much credit because I don’t think he has any ability to respond as a human.  How coudl he?  He launched this scam decades ago and instead of unwinding it if not giving himself up, he only pushed harder to scam greater and greater amounts of money from more and more people.

Did he have no thoughts for what he was doing and no understanding that it would all wind up a massive train wreck?

Did he even try to invest the money?  It sounds like the answer to that is “no.”  Instead used the loot, because that’s what it was, to benefit himself and his family.  He didn’t even try to invest the money – everything was a scam from his published returns (shame on the SEC, too)  to his monthly account statements where he did not even take the time to make sure that his statements were even remotely accurate.

Madoff is less than human most would agree.  But is it only that he is perfectly human?

Can a human be soo epically flawed and still function in society as he did for decades?  I suppose so.

Maybe money is the root of all evil after all.

Another Stanford Group Follow Up…

Thursday, February 25th, 2010

R. Allen Stanford was taken into custody on his Ponzi scheme allegations related to his international banking empire.  Because the judge agreed that Stanford poses a flight risk the judge ordered him to remain in custody.

The government’s indictment charged Stanford and other executives at his firm with scamming 30,000 investors invested $1.2 billion in assets and in about 7 years grew it to about $8.5 billion.

Investigators say that even as Stanford claimed healthy returns for those investors, he was secretly diverting more than $1.6 billion in personal loans to himself.

An Exit Strategy

Thursday, February 25th, 2010

Any intervention by the government in our world economy will inevitably end.  As such the Fed’s (and other central banks) plan to exit their intervention in this financial mess has come to fruition, amidst the scrutiny of many high-ranking officials.

Angela Merkel, the German chancellor, attacked the Fed along with the European Central Bank and the Bank of England for their “loose” policies.  The Fed has done the best it can to quell long-term interest rates, which has unfortunately failed.  It has failed because although interest rates were lowered temporarily, in that time, the public bought up assets (regardless of risk) , which flows money out of the treasuries and makes bond yields increase.  These bond yields are also an enemy to economic equilibrium, so the Fed creates money in order to balance out these yields.  Now the increase of the quantity of currency in the market itself makes investors nervous about inflation.  To which the Fed reacts by printing more money to reduce bonds. Keeping this cyclical nature of how the Fed operates, how viable is the Fed’s exit strategy.  Because it began the action of reducing interest rates the way it did, it is hard to believe that the Fed will get out of this crisis without leaving some kind of inflationary effect.

For more on the article from the Economist.com, click on this link.

Bank of America Takes the Chair from the Chairman

Thursday, February 25th, 2010

B of A shareholders voiced their view today by removing Ken Lewis as chairman of the board of directors. He remains as CEO. Time will tell if he stays as CEO given the resounding vote of ‘no confidence’ the shareholders gave him as chairman.  This is an interesting turn of events for a high-flyer who really seemed to have a chance to make B of A the next Citigroup (but is that a good thing or a bad thing?).
American business cycle includes periods of time when companies gather other businesses under their umbrella to gain ’synergies’ and create a whole more valuable than the sum of its parts and then when the synergies don’t show up on cue guess what? They break up the company because the parts are worth more than the whole.

April 28, 2009 – another financier gets arrested…

Thursday, February 25th, 2010

Danny Pang the fugitive financier was arrested today.  When will they learn?  After apparently returning to the U.S. from Taiwan last week he was nabbed in Santa Ana.  US regulators accuse him of significant fraud; millions of dollars, perhaps billions of dollars the feds say was stolen from investors.  Today the FBI arrested him at his lawyer’s office based on charges that he made many transactions less than $10,000 – totaling $360,000 – to avoid federal regulations to report such his transaction to federal regulators.

And these charges aren’t even related to the charges that may  be leveled at his company Private Equity Management (PEM).

Developing…

IRS getting serious about chasing down offshore tax dodgers…

Thursday, February 25th, 2010

Some estimates are that the United States could be missing out on tax revenues of up to $50 billion.  So is it any surprise that tax enforcers are vowing to increase their efforts to crack down on business and citizens who try to evade taxes using offshore bank. The IRS plans to roll out new rules that would make it easier for them to go after bank accounts held by offshore banks and the US will be pushing for more global cooperation to knock down banking secrecy laws.  It could be that the US gets some support on this as England has already asked governments around the world to eliminate tax havens.  Of course some countries object to such a call because operating tax havens helps their economies.

One way the IRS is trying to gain access to these lost revenues is to cut deals with people and businesses that voluntarily give up their tax havens and pay the taxes due.

April 27, 2009 – another financier runs and hides…

Thursday, February 25th, 2010

California financier Danny Pang has been charged by the Securities and Exchange Commission with allegations that he defrauded investors of hundreds of millions of dollars.  Although Pang apparently is in China (on a religious pilgrimage) the SEC has a temporary order freezing his assets along with the assets of his companies  Private Equity Management Group, Inc. and Private Equity Management Group LLC.

Apparently Pang raised much of the money in Taiwan in part by lying about his past acheivements at Morgan Stanley and his earning an advanced degree at UC, Irvine.

A receiver has been appointed – hopefully he will be able to protect what assets he can easily find and recover other assets through clawback lawsuits or agreements with various people and companies.