by Fred Smith
July 28, 2009 @ 5:26 pm
Zachary Goldfarb, a Washington Post staff writer, discusses (p. A10, “SEC Moves to Limit Short Sales of Stocks”) this SEC proposal - sympathetically. The article is naïve - buying the complaint of “High-profile Wall Street executives” that short sellers “played an outsized role in crashing the stock values of several major financial services companies.” Now, it is certainly true that when an asset value is falling, some will anticipate further declines and sell short - just as many will anticipate…
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If you’re a fan of professional print journalism, you may be a little worried as of late. Denver’s Rocky Mountain News just closed its doors after nearly 150 years in the news game. Meanwhile the San Francisco Chronicle and the Seattle Post-Intelligencer are both on life support. Even the New York Times, the largest newspaper in America, has cut its dividend and mortgaged its headquarters for $225 million.
It seems clear that the age of broadsheet newspapers is coming to an end,…
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by John Berlau
February 06, 2009 @ 2:01 pm
In one of her first actions as SEC chairman, Mary Schapiro announced today that she was getting rid of a policy that required SEC officials to get approval from the commissioners before negotiating corporate penalties. According to the Associated Press, “Schapiro said that practice ‘just sends the wrong message.’”
But Schapiro should perhaps focus a little less on message and a little more on an action’s consequences for investors the SEC is supposed to protect. Because unfortunately, this change will have…
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by John Berlau
December 28, 2008 @ 11:32 pm
When news broke of Bernard Madoff’s alleged $50 billion worldwide Ponzi scheme, news accounts first protrayed him as a shadowy hedge fund manager outside the scope of regulation by the Securities and Exchange Commission. But as the sheer magnitude of the fraud became clearer, so did the picture of Madoff’s place in the Wall Street-Washington world.
Madoff’s businesses were actually subject to a variety of financial regulations, something Madoff would actually use as a selling point to investors. Last year in…
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by John Berlau
November 20, 2008 @ 4:36 pm
President-Elect Barack Obama just nominated former Senate Democratic Leader Tom to be his Secretary of Health and Human Services. Much is being written about Daschle being a Washington insider, which he certainly is, but after leaving the Senate after his defeat in 2004, Daschle has commendably taken on the Beltway conventional wisdom on an important issue: The Sarbanes-Oxley accounting mandates.
In late 2005, Daschle became one of the first Democrats to criticize the 2002 law, rushed through Congress in the wake…
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by Fred Smith
October 15, 2008 @ 5:13 pm
That liberals wish libertarians to go away is, perhaps, not surprising. But the issue is much more serious than even Jonah Goldberg realizes. McCain’s championing of “getting the monied interests out of politics” and Obama’s pledge to eliminate their influence both amount to an attempt to eliminate economic interest groups (and, indeed, interest groups that are in any way allied with economic interests - such as independent free market groups) from politics. But, politics is about interest group influences. If economic interest…
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by John Berlau
September 22, 2008 @ 3:05 am
My colleague Hans Bader is correct that most of the aims of Treasury Secretary Henry Paulson’s $700 billion bailout — stopping the “contagion” of securitized loans that have become illiquid — could be achieved if mark-to-market accounting rules were “immediately relaxed by federal agencies like the SEC that enforce them.” As I wrote in my Wall Street Journal op-ed this weekend, because the mark-to-market rules require writedowns of performing loans based on the last sale of similar assets, good “banks holding mortgages…
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by John Berlau
September 19, 2008 @ 4:40 am
At the peak of the real estate boom, there was one group of individuals who said the bubble was about to pop. They pointed to overvalued land and bad underwriting of loans. And they bet their own money on their beliefs. Who are these unsung prophets of the subprime bust: the much-maligned short-sellers, whom both Britain, as Iain Murray reported yesterday, and now the U.S. Securities and Exchange Commission temporarily want to ban in an effort to keep the share price…
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