The Investor Advocate
Unfiltered news and views about investors and securities fraud and the need to improve investor protection to advance sustainable economic progress. Published by Jeffrey R. McCord.
By Jeffrey R. McCord of The Investor Advocate
May 11, 2012
SEC disagrees with Supreme Court’s anti-U.S. Investor Morrison decision and favors clearly defined private right of action against foreign wrongdoers, rather than abolition of U.S. investors’ legal rights, SEC Staff Study asserts.
January 7, 2012 - My op-ed urging union and public pension funds use investor class actions to force real corporate reform was published in TruthOut on December 23, 2011. That online publication’s slogan -- “Fearless, Independent News and Opinion” -- defines what it delivers. It also brings to mind an era before international corporate conglomerates hi-jacked much of America’s free press.
Dec. 6, 2011 - In one of its filings prior to U.S. Judge Jed Rakoff’s celebrated November 28th refusal to rubber stamp an SEC-Citicorp deal allowing the bank – a “recidivist offender,” according to Rakoff -- to escape significant damages and an admission of wrongdoing for what could have been egregious, knowing fraud in Citi’s sale of bad mortgage-related assets to unwitting investors, the SEC incredibly asserted that “the public interest . . . is not part of [the] applicable standard of judicial review [of the proposed Citicorp settlement.]” To that, Manhattan federal Judge Rakoff simply responded: “This is erroneous.”
September 21, 2011 -- Risking “household wealth catastrophe” by hamstringing SEC enforcement to “liberate” small business from regulated financiers.
August 15, 2011 -- Though often maligned, class actions are at least as effective as the SEC in curbing “overly aggressive” financial reporting, finance and accounting professors find.
April 4, 2012 - To-date, the presidential primaries have studiously avoided reference to the unfolding catastrophe brought to the American public just four years ago by the financial services industry. The political issues contested thus far bring to mind Hunter Thompson’s reporting of the 1972 election campaign: “This may be the year when we finally come face to face with ourselves; finally just lay back and say it — that we are really just a nation of 220 million used car salesmen with all the money we need to buy guns . . .”
(See: “Fear and Loathing: On the Campaign Trail, 1972,” by Hunter S. Thompson)
March 1, 2012 --Inexplicably, the SEC is more than a month overdue in meeting its statutory responsibility to advise Congress whether or not to protect U.S. investors or leave in-place Morrison’s shield for foreign corporate wrongdoers against U.S. investor accountability.
January 30, 2012 - “Justice delayed is justice denied,” the old maxim attributed to William Penn, has new relevance today as federal court dockets grow longer, vacant judicial seats remain unfilled, and more aging jurists seek the semi-retirement of senior status, thereby creating still more vacant seats.
Nov. 11, 2011 - The spectacular fall and bankruptcy of Jon Corzine’s MF Global Holdings within clear sight of mostly inactive regulators reminds us that “the system is still far too vulnerable and the work of regulatory reform far from finished,” to quote a NEW YORK TIMES editorial on the subject. But, how to continue regulatory reform in a world in which one House of Congress is controlled by anti-regulatory zealots and existing regulators are too often afflicted by chronic DC/NY revolving door syndrome?
October 11, 2011--Although the mainstream media has widely reported the photogenic and growing Wall Street protest movement, and many bloggers have cheered on the demonstrators, no one can explain what these idealists hope to achieve. Yes, they’ve drawn attention to pervasive greed among elites, growing income inequality and widespread unemployment, among other ills. And, the protestors chose Wall Street as the appropriate point of departure for an evolving national movement. So, it is fitting that their goals be directed toward Wall Street and its allies on both ends of Pennsylvania Avenue.
August 10, 2011 -- To unravel the mystery of what “financial regulation” may be, let’s first look at the pickle we are in due allegedly to a lack of it.
July 25, 2011 -- With Washington Mutual investor settlement, justice reaches some responsible for financial meltdown: Wall St, bank execs and auditor to pay $208.5 million.
"The scale of fraud is immense. This whole bank scandal makes Teapot Dome [of the 1920s] look like some kid's doll set . . . If cheaters prosper, cheaters will dominate. It is like Gresham's law: Bad money drives out the good. Well, bad behavior drives out good behavior, without good enforcement."
-William Black, Associate Professor, Economics and Law, University of Missouri, Kansas City in interview with BARRON'S, April 13, 2009 ("The Lessons of the Savings and Loan Crisis")
The financial industry has reportedly spent approximately $300 million fighting financial reform. More than 850 banks, hedge funds, companies, associations, and other organizations hired 3,000-plus lobbyists to work on the reform bills. The U.S. Chamber of Commerce deployed 85 lobbyists alone.
“Among the many factors which led to the current financial crisis, fraud in the U.S. mortgage market played an important role. Changes in fair value accounting rules and a $50 trillion credit default swap/mortgage-backed securities market contributed to an environment conducive to deregulation, aggressive lending tactics, and, ultimately, fraud. [Among the types of fraud were] fraud in underwriting, misrepresentation and/or improper disclosure or risk, potential fraud in accounting for and valuing assets, and common corporate fraud.”
Kroll Associates, the forensic accounting and fraud investigatory subsidiary of Marsh & McLennan Companies, in its “Global Fraud Report,” January, 2009