
I sign my monthly letter: "Wishing you health above wealth, wisdom
beyond knowledge" In my view health is priceless and Dr. Dorn
provides the wisdom, experience, training and knowledge which you
can use in a practical manner to grow and keep wealth, be it
financial, emotional or physical. What Dr. Dorn provides is what
each of us desires to have...
Sincerely, David Morgan
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Great
Work, Janice! Sending you virtual roses! I will share
your wisdom with my children, friends and everyone who
wants to master the markets through mastering
themselves...
Larry Williams
(founder of Williams % R). |
 |
Dear Dr. Dorn, Thank you for helping me turn myself
around. Everything has gotten better since I started
coaching with you.
I make my quota from trading almost every day. I
have dropped 35 pounds, reduced my insulin
requirement and am now working out five days a week.
My wife and I do not have words to express how
deeply you have changed our lives...
Mark M,British Columbia
|

read more rants & raves |
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April 14 2008
SEC Rule Can Make It a Crime to
Defend Yourself
Commentary by Kevin Hassett
Suppose you caught wind that a
preposterous story was spreading around
town
that you are a drug user. What would you
do?
Your first thought might be to take out
an advertisement in the newspaper
announcing that you are clean. The
downside of that approach is you would
broadcast the false rumor to everyone
and presumably raise as many
suspicions as you quell.
A preferable alternative would be to
call up a few influential people and
show them drug tests proving your
innocence, then trust that they
would quietly spread the word.
Now imagine you live in a world where
the government has made it illegal to
defend yourself in private
conversations. You're allowed to take
out an advertisement yet not to make
phone calls. In that world, presumably,
many more false rumors would have a life
of their own, since the law has
made it so costly and difficult to
defend yourself.
What does this little thought experiment
have to do with current events?
Everything. A little-appreciated
footnote to the Bear Stearns Cos. story
may well be the headline in the history
books. As rumors spread and induced a
panic, Bear Stearns executives were,
judging from the law at least,
constrained in the types of
communications they could have with
customers.
Call the Boss
In the old days, if you were a big
customer and heard speculation that a
firm such as Bear was in trouble, you
might call up the boss and ask him about
it. If the rumor was that the firm was
flat broke, then he might invite you to
his office and show you his list of
assets to calm you down.
Alternatively, if a chief executive
received a number of troubling phone
calls, he might summon a highly
respected analyst to his office and open
up his filing cabinets. If things
checked out, the analyst would then
issue a report saying that the bad
rumors were unfounded. If he tried to
get cute and profit personally from the
opportunity, then insider-trading laws
would apply.
Such a common-sense response to false
rumors is now a crime. The law
makes innuendo-based attacks far too
easy.
Regulation Fair Disclosure, or Reg FD,
was developed under the leadership of
former Securities and Exchange
Commission Chairman Arthur Levitt and
went into effect in October 2000.
`Selective Disclosure'
Levitt's intention was to stop the
``selective disclosure'' of material or
market-moving information to certain
analysts or investors. The SEC feared
that the head-start gave these people an
unfair advantage, allowing them to
``make a profit or a loss at the expense
of those who were kept in the dark.''
Reg FD mandates that any material
information given to these high-profile
insiders be simultaneously released to
the public. Levitt is a director of
Bloomberg LP, the parent of Bloomberg
News.
The rule has had a chilling effect on
company disclosures. It took a while,
but it seems that the market response to
this dramatic regulatory change is
becoming evident. Short sellers,
individuals who make bets that a stock's
price will drop, can make their
transactions and then spread damaging
rumors about the company.
The company will, because of Reg FD,
have an extraordinarily complicated time
responding while adhering to the law.
While the truth may well seep out over
time, if the short sellers can panic
customers and the liquidity of the
target can be soaked up by a short-term
run, then the strategy might work before
the truth can come out.
Bear's Scenario?
One could forgive some at Bear Stearns
for feeling that this scenario
illustrates what happened to them.
While the Federal Reserve has adopted a
number of policies to make such a
liquidity crisis less likely, the
fundamental mismatch between rumor
mongers and public companies is a
pressing policy concern.
A number of possible responses come to
mind.
First, Regulation FD could be amended to
allow the chairman of the SEC to waive
the rule for specific companies in
extraordinary situations. This might
help a business in dire circumstances,
though it runs the risk of
being misused.
Permitting emergency communications
forces one to weigh the risks of
allowing insider profits against the
possibility that an otherwise worthy
company will be destroyed.
Rewrite the Rule
An alternative would be to rewrite Reg
FD. After all, Reg FD doesn't only
constrain the distribution of useful
information during times of crisis.
A study by economists Armando Gomes,
Gary Gorton, and Leonardo Madureira of
the Wharton School at the University of
Pennsylvania found that
earnings-forecast errors for small
companies skyrocketed after Reg FD was
passed, suggesting that it is mucking up
information transmission even in
normal times.
Add it all together, and it becomes
clear that starting over might not be a
bad idea.
Until the law is changed, it is
important that companies have a plan
ready for rumor crises. If they don't,
they may find themselves spending most
of their time during a crisis talking
about Reg FD.
(Kevin Hassett, director of
economic-policy studies at the American
Enterprise Institute, is a Bloomberg
News columnist. He is an adviser to
Republican Senator John McCain of
Arizona in his bid for the 2008
presidential nomination. The opinions
expressed are his own.)
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MF Global takes $141m hit trading wheat
By Javier Blas in London
and Hal Weitzman in Chicago
Published: February 28
2008 14:39 | Last updated: February 28
2008 23:38
A wheat trader at
MF Global, one of the world’s
biggest commodities brokerages, lost
$141.5m by making “unauthorised” trades,
the company reported on Thursday, in the
latest trading controversy to hit global
markets.
“This is embarrassing
for us and it’s upsetting,” said Kevin
Davis, chief executive of MF Global,
which said it had “terminated” the
employee, who it identified as Evan
Dooley, 40, from the group’s Memphis
office.
Although the amount lost
is substantially less than the €4.9bn
(£3.7bn) that Jérôme Kerviel, the French
trader, allegedly cost Société Générale,
the French bank, it is believed to be
the largest suspected unauthorised trade
loss in agricultural markets.
The news wiped more than
a quarter off the value of the company’s
shares.
Trader tales
MF’s losses in the wheat
market follow a string of commodities
traders exceeding their remit in the
past two decades, particularly in the
base metals and energy markets,
writes Javier
Blas.
In 2006, Brian Hunter of
hedge fund Amaranth, betting in the
natural gas market, lost $6bn. In 2005,
Liu Qibing, a trader at a Chinese
government agency, lost about $200m in
copper futures. In 1996 $2.6bn was lost
by Yasuo Hamanaka in the copper market.
MF Global originally
said a failure in one of its computer
systems had permitted the broker “to
establish significant positions in his
own account” that went above his
authorised limits.
However, Mr Davis later
clarified this, saying some buying power
control limits had been removed because
they could make trading desks less
efficient when many customers were
placing orders.
“Clearly that was a
mistake, one we have now rectified,” he
said. MF Global shares dropped 27.7 per
cent to $21.19 by the close of trading
on the New York Stock Exchange.
The money was
lost on Wednesday, when US
wheat markets underwent unprecedented
levels of volatility, with prices
falling 11 per cent but then jumping
almost 20 per cent to a record $13.34½ a
bushel in just three minutes.
It is unclear if the
price volatility triggered MF Global’s
losses but traders in Chicago familiar
with Mr Dooley’s trading said he was
betting on falling prices.
Mr Dooley could not be
reached for comment.
The wheat market has
become more volatile since US
agriculture exchanges widened daily
price limits from 30 cents to as much as
202 cents last week to allow futures
prices to catch up quickly with higher
prices in the cash market.
The Commodities Futures
Trading Commission, the US regulator,
said it was monitoring the wheat futures
markets in light of recent volatility
but based on current information the MF
Global incident appeared to be an
isolated event.
Copyright The Financial Times
Limited 2008
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December 8, 2007
6 Arrested Over Plots to Pump Up Share
Prices
What began with an undercover F.B.I. agent's
posing as a corrupt hedge fund manager led
to the indictments of six people yesterday
on charges of fraud in the shadowy world of
penny stocks, federal prosecutors said.
A year-long investigation code-named Missed
Information uncovered five separate stock
schemes, according to the United States
attorney's office for the Southern District
of Florida.
In each case, the undercover agent posed as
a hedge fund manager at Fillmore Capital, a
fake firm created by the F.B.I. in Palm
Beach.
The unidentified agent got word out to the
penny stock community that he was willing to
buy stocks in struggling companies in return
for bribes. Prosecutors said he accepted
kickbacks from company insiders and stock
promoters for buying stocks, some through an
online brokerage account, to pump up prices.
Read the story here: http://tinyurl.com/yt32xz
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THE TRUTH ABOUT THE CRASH OF 1987
Now it can be told! Twenty years after the great
stock market crash of October 19, 1987, when the
Dow Jones Industrial Average fell by more than
22% in a single day, the truth about why it
happened can now be revealed.
And believe me, I know what really happened.
Because I caused the crash myself. Yep, it was
me. With a little help from some market
manipulation, a lot of bad judgment and some
colossal mistakes.
Back then I ran portfolio management and trading
for Wells Fargo Investment Advisors. With $69
billion under management, we were then the
world's largest institutional investment
manager. The company is now called Barclays
Global Investors, and with almost $2 trillion
under management, it's still the world's
largest.
In 1987 Wells Fargo was by far the largest
player in the two strategies that caused the
crash. One was "program trading," the
simultaneous execution of hundreds of stock
trades with a single electronic order. The other
was "portfolio insurance," a hedging strategy
that used program trading and stock index
futures to hedge the downside risk in
institutional stock portfolios.
According to official government reports issued
in the aftermath of the crash, program trading
and portfolio insurance combined to cause the
crash. The portfolio insurance strategy required
that Wells Fargo execute program trades, selling
all 500 stocks in the S&P 500, over and over as
the market declined. With every execution, the
market declined even more. And that triggered
the next execution.
Wells managed portfolio insurance strategies for
America's largest pension plans. But other giant
pension plans just used us to manage their S&P
500 index funds, managing the portfolio
insurance part themselves. On the day of the
crash, we were executing plenty of sell programs
for our own portfolio insurance strategies all
day. At the same time, clients called to say,
"Sell a billion S&P, right now" -- and we did.
Then they called again. And we sold again. And
again.
That's why I say I caused the crash. It was my
team's finger that was on the sell button. It
was our job to push it, and we pushed it.
Our execution of portfolio insurance and program
trading strategies were blamed for the crash in
the official government reports. But here's what
got left out of the official story: the whole
thing was triggered by a massive market
manipulation by a major Wall Street investment
bank. Lest I end up in litigation about this,
that firm will remain nameless.
Here's how it happened.
Before the crash, it was widely discussed among
professional investors that the combination of
portfolio insurance and program trading could
cause a cascading market decline, as each step
downward caused portfolio insurance strategies
to do more program selling, which in turn would
cause a steeper decline, and more selling, and
so on.
One especially aggressive head trader on the
proprietary trading desk of one particularly
aggressive investment bank had followed that
discussion, and it gave him an evil idea. What
would happen, he wondered, if he started
massively short-selling stock index futures,
driving the stock market down single-handedly as
long as he dared to sell enough contracts --
thus setting off the cascade. Once the cascade
was set in motion, he could keep selling,
knowing that the portfolio insurers would drive
the market lower and lower. Eventually he'd
cover his shorts at a huge profit.
It worked. And this man was in a great position
to know that it would. His firm acted as broker
for all the largest portfolio insurers,
including Wells Fargo. So he knew exactly how
much the market would have to decline to set off
the portfolio insurers' sell programs. In other
words, he had inside information. All he had to
do to make a fortune was use that information,
betray his own clients' trust in his firm, and
threaten the world financial system by causing
the biggest stock market crash in history.
So the crash of Monday, October 19, 1987, was
started as a crime. But it ended as a comedy of
errors the next morning, Tuesday, October 20.
Monday night after the market closed, hedge fund
mega-manager George Soros became convinced that
the world stood on the brink of a global
depression. He felt sure that the downward
spiral begun on Monday would continue, and he
resolved to get out of stocks as quickly as
possible.
An hour or so after the market opened on Tuesday
morning, he placed an order to sell about $1.6
billion in stock index futures. It was a market
order, which means he didn't specify a price --
just sell, no matter what.
By today's standards, $1.6 billion may not sound
like much. But in 1987, that was about as big as
a trade could get. But then, something
astonishing happened that made the trade even
bigger.
Somehow, in all the pandemonium on the trading
floor in Chicago where the stock index futures
were traded, Soros's order got doubled. The
ticket got printed twice. So instead of a sell
order for $1.6 billion, it was $3.2 billion. All
at once. At the market.
His order hit the futures market like a boulder
dropped in a shallow pond. Over the next hour,
the futures fell almost 27%, an even larger drop
than the market had sustained in the previous
day's historic crash. The drop in the futures
market caused renewed panic in the stock market,
and for much of the day it looked like Soros was
going to be right -- the meltdown appeared to be
continuing.
But he was right for the wrong reason. It was a
mistake. A mistake of judgment to sell so much
in the first place (Soros must remember that as
one of the worst trades he ever made) and
another mistake on top of that for his broker to
sell twice as many contracts than Soros had
ordered. By the end of the day, the stock market
and the futures market found their footing, and
the foundation for a sustainable recovery was in
place.
The crash, then, was an artificial creation --
the product of error and manipulation. It wasn't
a actual investor expectations about earnings,
the economy, or anything else. So it caused no
lasting harm to investors -- stocks actually
showed a positive return in calendar 1987, all
told. And it did no lasting damage to the
economy.
Maybe some day the true story will be told about
the panic that markets have been through the
last three months. This time around I didn't
have a front-row seat like I did in 1987, so I'm
not in a position to know that story. But I'll
bet there's one out there, waiting to be told.
Like the 1987 crash, I'll bet the sub-prime
meltdown will enter the history book as little
more than a curiosity -- no lasting harm to
investors, and
Like the 1987
crash, I'll bet the sub-prime meltdown will
enter the history book as little more than a
curiosity -- no lasting harm to investors, and
no lasting damage to the economy.
Posted by Donald L. Luskin
October 19, 2007
http://www.poorandstupid.com/2007_10_14_chronArchive.asp
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The Challenge
Take a look at the ten images below. Some of them are photographs of
real objects or scenes, others are created by computer graphics (CG)
artists. Test your ability to tell which among the array of images
are real, and which are CG. If you want a closer look, click the
image to see a larger view of the picture. Once you've decided
what's what, click either CG or REAL to begin the tally of your
score. Work through each of the ten images. When you've finished,
you'll be prompted to get your score
http://www.autodesk.com/eng/etc/fake_or_foto/quiz.html
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November 2, 2007
Hidden Taxes Are Easier To Raise
Amy Finkelstein
"Time spent paying taxes is important for keeping taxes visible and
salient to taxpayers, thereby making it politically harder for the
government to raise taxes...The introduction of electronic toll
booths causes drivers to pay higher tolls - some 20 to 40 percent
higher - than if electronic collection had never been introduced."
Every year, as April 15 approaches, taxpayers must take the time to
calculate - and then pay - their federal and state income taxes.
Indeed, economists have estimated that for every dollar paid in
taxes, taxpayers incur an additional 10 cents in time costs
associated with record keeping and tax filing. Many policymakers and
economists have conjectured that time spent paying taxes is
important for keeping taxes visible and salient to taxpayers,
thereby making it politically harder for the government to raise
taxes.
In E-ZTAX: Tax Salience And Tax Rates NBER Research Associate Amy
Finkelstein investigates this conjectured link between the
visibility of taxes and the level of taxes. She studies the impact
of electronic toll collection systems - such as E-ZPass in the
Northeast or Fast-Trak in California - on toll rates. Because these
electronic systems automatically deduct the toll as the car drives
through the toll plaza, and the driver therefore need no longer
actively count out and hand over cash for the toll, electronic
payment arguably reduce the visibility of tolls.
Finkelstein finds that this reduced visibility of tolls comes at the
cost of higher tolls. She estimates that the introduction of
electronic toll booths causes drivers to pay higher tolls - some 20
to 40 percent higher - than if electronic collection had never been
introduced.
For her study, Finkelstein collected 50 years of toll data on 123
publicly owned roads, bridges, and tunnels in the United States.
Starting in 1987, electronic tolling was introduced on these
facilities. By 2005, about two-thirds of the facilities used
electronic tolling. Once a facility introduces electronic tolling,
drivers start to use the technology, and eventually usage levels out
at about 60 percent of toll payments.
Finkelstein finds that as drivers switch to paying tolls
electronically, toll authorities raise the toll rates. As a result,
even though many facilities offer discounts to drivers who pay
electronically, the toll that drivers end up paying electronically
is still higher than it would have been had the facility not
introduced electronic tolling (although it's lower than what their
fellow drivers who still pay with cash have to fork over!)
The most plausible explanation for the phenomenon, Finkelstein
argues, is that drivers who pay the toll electronically don't notice
price hikes as readily as manual-toll users do. So public resistance
to toll increases lessens as more and more drivers pay
electronically, and thus transportation authorities are able to push
through more toll increases.
Automated tolls, after all, are fairly hidden. A driver only has to
slow down so that her car's ID tag can be scanned and the toll
automatically deducted from her account. When her balance falls
below some preset minimum (typically $10), the transportation
authority automatically debits her credit card or bank account.
Small wonder, then, that survey evidence shows that drivers who pay
electronically are much less aware of how much they have paid than
drivers who pay using cash. Also supporting the "decreased
visibility hypothesis", Finkelstein finds that traffic decreases
less in response to toll increases when a larger share of the tolls
are paid electronically (rather than in cash).
The study examined other possible explanations (than the decline in
toll visibility) for the increase in tolls when the use of
electronic tolling rises. For example: drivers may like the
convenience of paying electronically so much that they're willing to
pay more for it. But that thesis didn't hold up in two telling
instances, Finkelstein says. First, on roads where manual tollbooths
really slowed drivers down, the change to electronic tolling saved
them much more time. Yet, these roads did not see unusually high
price increases. Second, drivers saw similarly large savings of time
when bridges and tunnels switched from charging tolls in both
directions to charging tolls in only one. But again, the toll
increases were not out of line with the norm.
Other possible explanations - that toll authorities had to raise
rates because of the costs of installing the automated system or
that they used higher rates to battle congestion or recoup revenue -
didn't hold up either to the evidence, the study found. That leaves
the original conclusion as the leading explanation: the more hidden
the tax, the less resistance it breeds, and the easier it is for
governments to raise taxes.
http://papers.nber.org/papers/W13301
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THE BLOW UP-----
The quants behind Wall Street's summer of scary
numbers.
by Bryan Urstadt
Full article at
http://www.technologyreview.com/Biztech/19529/?a=f
Excerpts:
"On Wednesday, August 8, not long after the
markets closed, 200 of the smartest people on
Wall Street gathered in a conference room at
Four World Financial Center, the 34-story
headquarters of Merrill Lynch.
August is usually a slow month, but the rows of
chairs were full, and highly paid financial
engineers were standing by the windows at the
back, which looked out over black Town Cars
below and the Hudson River beyond. They didn't
look like Masters of the Universe; they looked
like members of a chess club. They were 'quants,'
and they had a lot to talk about, for their work
was at the heart of one of the most worrisome
summer markets in decades."
"[T]he word 'quant' refers to any practitioner
of quantitative finance, a wide-ranging
discipline that includes, among other things,
the pricing of financial instruments, the
evaluation of risk, and the search for
exploitable patterns in market data".
"One common method that quants use to identify
market opportunities is pairs trading. Pairs
trading involves trying to find securities that
rise in tandem, or that tend to go in opposite
directions. If that relationship falters--if,
say, the values of two stocks that travel
together suddenly diverge--it's likely to
indicate that one stock is undervalued or
overvalued. Which stock is which is irrelevant:
a trader who simultaneously bets that one will
go up and the other one down will probably make
money."
"In what's called nondiscretionary trading,
computers both find the inefficiencies and
execute the trades. The Aite Group, a
financial-services research firm, estimates that
roughly 38 percent of all equities may be traded
automatically, a number it expects to increase
to 53 percent in three years."
"One trader I spoke with at a $10 billion hedge
fund based in New York said that his computer
executed 1,000 to 1,500 trades daily (although
he noted that they were not what he called
'intra-day' trades). His inch-thick employment
contract precluded my using his name, but he did
talk a little bit about his approach. 'Our
system has a touch of genetic theory and a touch
of physics,' he said. By genetic theory, he
meant that his computer generates algorithms
randomly, in the same way that genes randomly
mutate. He then tests the algorithms against
historical data to see if they work. He loves
the challenge of cracking the behavior of
something as complex as a market; as he put it,
'It's like I'm trying to compute the universe.'
Like most quants, the trader professed disdain
for the 'sixth sense' of the traditional trader,
as well as for old-fashioned analysts who spent
time interviewing executives and evaluating a
company's 'story.'
High-frequency trading is likely to become more
common as the New York Stock Exchange gets
closer and closer to a fully automated system.
Already, 1,500 trades a day is conservative; the
computers of some high-frequency traders execute
hundreds of thousands of trades every day.
Linked with high-frequency trading is the
developing science of event processing, in which
the computer reads, interprets, and acts upon
the news. A trade in response to an FDA
announcement, for example, could be made in
milliseconds. Capitalizing on this trend,
Reuters recently introduced a service called
Reuters NewsScope Archive, which tags
Reuters-issued articles with digital IDs so that
an article can be downloaded, analyzed for
useful information, and acted upon almost
instantly.
All this works great, until it doesn't.
'Everything falls apart when you're dealing with
an outlier event,' says the trader at the $10
billion fund, using a statistician's term for
those events that exist at the farthest reaches
of probability. 'It's easy to misjudge your
results when you're successful. Those
one-in-a-hundred events can easily happen twice
a year.'
The events of August were outliers, and they
were of the quants' own making.
"The damage quickly spread beyond the market for
low-quality debt instruments. It was almost as
if the financial world had become a market for
nothing so much as standard deviations, the
mathematical term for the spread of values
straying from a mean. In fact, the summer might
be described as a time when too many investors
had purchased standard deviations that were too
high for their means.
Among the lessons that August taught is that
there may be a finite number of viable investing
strategies--a suspicion borne out by the oddly
synchronous decline of many quant funds this
summer, including [James] Simons's Renaissance
Technologies. August's bizarre market behavior,
according to [Lehman Brothers quantitative
analyst Matthew] Rothman and others, was
probably the product of some large hedge funds'
seeking cash to meet their debt obligations, as
the value of their CDOs declined, by selling
those securities that were easiest to shed,
chiefly stocks. (And which funds? In another
example of the secrecy of fund managers, no one
really seems to know, or wants to say.)
According to most of those to whom I spoke,
something like the following occurred this
summer. Quants had, in the ordinary nature of
their jobs, 'shorted' many stocks. ... CDOs had
functioned as the collateral on the quants'
short positions. When the subprime crunch
squeezed the financial markets, the value of
those CDOs declined, forcing quants to increase
the collateral in margin accounts, buy back the
shorted stocks, or both. But in either case, in
order to supplement their shrinking collateral,
quant funds were forced to sell strong blue-chip
stocks, whose prices consequently fell. At the
same time, as quants bought back shorted stocks,
the prices of those stocks increased, demanding
the posting of yet more collateral to margin
accounts at the very time that the value of CDOs
was suffering. That the quants were, apparently,
long on the same strong stocks and short on the
same weak stocks was a result of a number of
strategies, pairs trading among them
Another related explanation for the August
downturn was that the quants' models simply
ceased to reflect reality as market conditions
abruptly changed. After all, a trading algorithm
is only as good as its model. Unfortunately for
quants, the life span of an algorithm is getting
shorter. Before he was at RiskMetrics, Gregg
Berman created commodity-trading systems at the
Mint Investment Management Group. In the
mid-1990s, he says, a good algorithm might trade
successfully for three or four years. But the
half-life of an algorithm's viability, he says,
has been coming down, as more quants join the
markets, as computers get faster and able to
crunch more data, and as more data becomes
available. Berman thinks two or three months
might be the limit now, and he expects it to
drop."
"[Richard] Bookstaber is a quiet, thoughtful
man, with sharp brown eyes and an attentive
look. He studied with [Robert] Merton in the
1970s at MIT, where he got his doctorate in
economics. Today, he is very worried about the
tools and the methods of the quants. In
particular, he frets about complexity and what
he calls 'tight coupling,' an engineer's term
for systems in which small errors can compound
quickly, as they do in nuclear plants. The
quants' tools, he feels, have became so
complicated that they have escaped their
creators. 'We have gotten to the point where
even professionals may not understand the
instruments,' he says. This, to Bookstaber, was
perfectly demonstrated this summer, when the
subprime troubles touched off a reactionary wave
of selling in equities that would nominally seem
unrelated, or, as Wall Street puts it,
'uncorrelated.'"
"Linkage is one of Bookstaber's favorite topics.
He believes that quants' instruments have
'linked markets together that wouldn't normally
be linked,' and that such linkages are dangerous
because they are unforeseen.
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Keeping Markets Honest
By Professor Arthur Miller---“One
deceit needs many others and so the whole house is
built.” -Baltasar (1601)
With the
Dow Jones bouncing like a ping pong ball, the
underlying integrity of American markets takes on
even greater importance. For it is during volatile
times that fraud often rears its head - as when the
tech bubble burst a few years ago. And it is
against this backdrop that the Supreme Court will
hear oral argument this October in one of the most
important securities fraud cases in a generation.
The
legal issue in the case – called Stoneridge -
is whether fraud victims can seek relief against
third parties – such as investment banks – that
knowingly participate in an illegal scheme to
defraud, allowing others to lie to the markets. Due
to a legal quirk from a case called Central Bank
(more on that later), the issue of liability for
“schemers” remains open. A decision is
expected in the spring.
Among
those closely watching the case are victims of the
greatest “ponzi scheme” in history, the Enron
fraud. Tens of billions of dollars were lost by
large institutions and average Americans alike from
just such illegal schemes concocted by Enron
executives and their accountants but also investment
bankers like Merrill Lynch - who garnered large
fortunes as a result. The Enron trial was
just interrupted by an appellate court finding there
was no liability for those behind the curtain.
This
country is blessed with the world’s toughest
securities fraud laws. Like our Bill of Rights,
their genius is their simplicity. Among their core
provisions is a prohibition against anyone engaging
in “any manipulative or deceptive
device or contrivance.” The SEC is then empowered
to adopt regulations “in the public interest or for
the protection of investors,” such as famed Rule
10b-5.
For
decades, there was little question that those who
created “deceptive devices” to defraud others could
be brought to justice –no matter whether they
themselves made a false oral or written public
statement to the market. Liability came from
creating the “device” itself and being part of a
“scheme to defraud”, barred by Rule 10b-5. If a
bank purposefully fabricated loans or falsified
off-balance sheets – as in Enron – to conceal
company debt, they have committed fraud, plain and
simple. Such behavior was traditionally challenged
in private shareholder litigation as “aiding and
abetting” others that spoke falsely. But Central
Bank concluded that only the government and not
private litigants could contest aiding and
abetting. So private litigants now typically sue
third parties for directly engaging in a scheme. It
is their ability to do so that is now before the
Supreme Court.
This is
not just some legal technicality. We all benefit
from the truth about a company’s financial
condition; we all suffer from falsehood. And as our
laws are now structured, only victims of fraud
through private lawsuits can recover financial
losses; the SEC is limited to imposing penalties and
seeking disgorgement, usually a fraction of what was
lost. (In Enron, for example, private
settlements with certain banks already exceed $7
billion; under its authority, the government was
able only to recover less than $450 million.) To
disallow such private enforcement would dramatically
undermine the dual purposes of our securities laws –
deterring fraud and promoting honest dealings.
In a
case of this importance to the American people, one
would think the Justice Department would act for the
SEC before the High Court. Think again. Instead, a
few weeks ago, former SEC Chairmen Arthur Levitt and
William Donaldson and former Commissioner Harvey
Goldschmid felt compelled to submit an amici brief
to support “scheme liability”. Why this
unprecedented action by past SEC officers was deemed
necessary – why the current SEC did not act –
presents a cautionary tale, reflecting the serious
threat posed to the rule of law by what Kevin
Phillips has described as “the fusion of money and
government”.
In June,
the current SEC Commissioners voted 5-0 to support
such “scheme liability,” and 3-2 to file a brief in
Stoneridge. While the Commission’s make-up
had changed, “it is my view that precedent matters .
. .” said Bush appointed Chairman Chris Cox. “The
SEC rules and policies should not be so effervescent
as to change with one or two people on board.”
Enter
the past Chairman of Goldman Sachs (an Enron
defendant) and now Treasury Secretary Henry
Paulson. On a conference call with President Bush
and Solicitor General Paul Clement, he argued that
allowing investors to hold third party "schemers"
liable would be bad for business - by making U.S.
markets less competitive against their foreign
counterparts. He won the day. The public lost.
Next week, the Solicitor General could now choose to
file supporting Wall Street banks and against
the investor victims and the SEC position.
Some
twenty years ago, Lincoln Caplan, a well-respected
observer of things judicial, wrote The Tenth
Justice. In it, he sharply criticized the
Reagan Administration and then Solicitor General
Robert Bork for politicizing the judicial process to
achieve ideological ends. His words are equally
telling today:
“The
American system of government is distinguished by a
need for the consent of the governed. The law is
the compact between the people and their
representatives - and the Congress, the Executive
Branch, and the Supreme Court must forge legal
consensus in this country. If they fail to achieve
this, they stir confusion and frustration, and
encourage disrespect – even contempt – for the law
at the deepest level.”
As more
and more power is vested in corporations, banks,
insurance companies and business generally, the
"little guy" is left in more and more jeopardy of
being trampled. Just as Enron trampled thousands of
its own employees and millions of shareholders. The
only recourse for such victims of greed and abuse is
the government - it is the essence of the social
contract. Laws are enacted to insure them a fair
shake - and government and the courts are there to
help when needed. But that contract has been
repeatedly breached of late.
It has
been breached when government regulators come from
the very industries they are supposed to regulate
and instead give a wink and a nod. It has been
breached when our chief law enforcers – U.S.
Attorneys - become political pawns instead of
champions of justice. And it has been breached when
big business uses the back door to the White House
to get its views heard in the Supreme Court of the
United States.
An
NYU Law Professor, Arthur Miller co-authored the
Supreme Court brief in Stoneridge on behalf of the
past SEC Commissioners.
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The $900 Million
Conspiracy Trade That Wasn’t
http://snipurl.com/1r19k
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Just what is “margin” anyway?
http://www.sec.gov/investor/pubs/margin.htm
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FRAUD INFESTS
E-CARDS:
Scammers are
using fake electronic greetings to lure recipients to
malicious sites.
Robert McMillan, IDG News Service
Tuesday, September 18, 2007 6:00 AM PDT
The e-card
industry began seeing some pretty unfriendly greetings this
past June.
That's when
scammers started flooding e-mail in-boxes with fake greeting
cards, trying to trick victims into clicking on links that
would send them to malicious Web sites.
The goal is
always the same: trick the victim into visiting an
untrustworthy Web site, and then try to hijack his computer
and make it part of a larger "botnet" network that can be
pressed into service for a variety of nefarious purposes.
Often the e-card messages are extremely simple -- something
like "Our Greeting System has a Labor Day card for you, go
here to pick it up." -- but scammers have sent hundreds of
millions of them over the past few months.
By July,
Symantec Corp. tracked more than 250 million fake cards, and
soon the mainstream press had picked up on the story. On
August 23, the Today Show ran a segment highlighting the
problem, warning its viewers to be wary of the cards they
open.
All of that bad
publicity has had at least a short-term effect on the
public's willingness to use e-cards, according to Steve
Ruschill general manager of Hallmark Interactive. "Overall
we've probably seen a 10 percent decline in e-card sends,"
he said. "Within about a period of two weeks, especially
when the Today Show story hit... we just saw it kind of
drop."
E-card use at
Hallmark is starting to recover, and while the industry is
now making some changes to respond to this problem, the
fraud will probably not affect the e-card suppliers bottom
line, said Barbara Miller, a spokeswoman with The Greeting
Card Association. "I'm not sure that it's having that much
impact other than the real need for the industry to make
sure that consumers are aware of how to avoid e-mail fraud,"
she said.
Certainly there
has been customer confusion. During a three-week period
around July, Miller found herself responding to more than
750 angry people who had received spam that purported to
originate from her organization's Greetingcard.org domain.
The Greeting Card Association is an industry organization
that does not even send out e-cards, she noted.
Now two of the
largest e-card distributors in the U.S. have begun forcing
e-card senders to include their first and last names in an
effort to make it easier for recipients to tell when these
cards are coming from someone they know.
Late last week,
AG.com Inc.'s AmericanGreetings changed its e-cards to
include the name and e-mail address of the sender in the
body of the e-mail. "This basically just personalizes it so
you know where the e-card is coming from, and so you know
that it is a valid e-card,"
said Frank
Cirillo, an AmericanGreetings spokesman.
Cirillo said
that, unlike Hallmark, AmericanGreetings has not seen a drop
in e-card usage over the past few months.
On Monday
Hallmark followed suit and is now forcing users to enter
their first and last names in order to make it clear to the
recipient that the card is really coming from a known
sender.
Originally,
Hallmark had intended to take things a step further, and
eliminate links in its e-cards altogether. In tests,
Hallmark sent redesigned cards to recipients, telling them
not to click on links, but to instead type in the
Hallmark.com Web address and then enter a special code to
retrieve their messages.
Ultimately, this
didn't work out, however, after it confused some users,
Ruschill said. That's because Web-based e-mail clients like
Gmail and Yahoo Mail recognize Web addresses and
automatically insert clickable links when they see things
like Hallmark.com in a message.
"We had a
totally manual process laid out," he said. "I appreciate
what Google and Yahoo have done but on the other side, it
was like, 'man it's really confusing.'"
The pain felt
over the past few months by the greeting card industry shows
how quickly scammers can undermine confidence in what has
become a crucial communication tool for many industries.
Because this
kind of malicious spam is usually sent from the compromised
botnet computers themselves it costs almost nothing to
distribute. But it can take a toll on the reputation, and
ultimately the revenues of companies that are targeted.
"Companies have
become more and more reliant upon the Internet and their
Internet presence as a way to promote themselves and
increase their revenues," said Dave Greenwood, vice
president of technical operations with BD-Protect Inc., a
company that works with corporations, ISPs and law
enforcement to take down servers that are being used in
fraud. "They see the Internet and their online presence as a
very important part of their revenue stream and they do not
want to see that revenue stream put at risk.
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Decision-Making Biases
1) Availability:
Drawing conclusions based only on vivid and recent information.
2) Irretrievability:
Failing to think beyond a preconceived notion.
3) Presuming associations:
Assuming certain associations exist with no real evidence.
4) Confirmation trap:
An unconscious search for supporting evidence that the right
decision has been made, while ignoring evidence that a bad
decision was made.
Measurement Biases
5) Sample size insensitivity:
Reaching a conclusion based on a small sampling of information
that does not truly represent the complete situation.
6) Ignoring regression to the mean:
Not recognizing that above-or below-average results won't
necessarily continue forever.
7) Conjunctive and disjunctive events bias:
Mis-estimating the likelihood that certain events will occur
when those events must take place for a particular outcome to
occur.
Perceptions
8) Insufficient anchor adjustment:
Assuming an outcome of an event will be exactly the same as the
outcome of a similar prior event without examining differences.
9) Hindsight:
Evaluating a judgment after an event has played out and with
perfect knowledge of the outcome.
10) Positive illusions:
A tendency toward overly optimistic views of things rather than
a realistic assessment.
Taking Biases
11) Avoiding uncertainty: A preference for stability rather
than uncertainty.
12) Asymmetry of risk tolerance:
Investors are risk-averse with regard to gains (preferring to
sell "winners" and ensure the gain) but risk-takers when it
comes to losses (preferring to hang on to "losers").
13) Regret avoidance:
Investors tend to feel more regret toward committed actions that
have turned out badly rather than omissions that could have
turned out favorably.
14) Internal escalation of commitment:
The tendency of an investor to increase the support of their
initial decision over time.
15) Competitive escalation:
The tendency of some investors to view competitors' actions or
other investors' collective actions as validating an investment
idea.
Recognizing these biases is important. I'm sure if you think
about some of the bad trades and investments you've made in the
past year, you're likely to discover one of the biases affected
your judgment. At least I know I can.
Bottom line - by understanding that these biases exist in your
own decision making process will ultimately help you control and
overcome them. Print out this list and keep it somewhere so when
you take time to analyze your past trades you'll know what to
look for.
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August 29, 2007
Barlays ex-CDO chief vanishes
Edward Cahill, formerly Barclays Capital’s head of European
collateralized debt obligations, has gone missing, published
reports said.
Mr. Cahill resigned his position last Thursday, and has not been
seen by families or friends since..
But a Barclays spokesman said that the idea that this
disappearance would be analogous to the disappearance of Nick
Leeson , the “Rogue Trader” who was responsible for the downfall
of Barings Bank.
More will be revealed, so stay tuned!
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Thu, 16 August 2007
Student’s program sends PR chaos in Wiki-scandal
One American student sent major corporations, governments and even
the Vatican on the defensive after coming up with Wikipedia Scanner,
a software program that reveals who changed Wikipedia entries.
Wikipedia.com is an online encyclopedia edited by general users, who
write articles on every imaginable subject. Since it is written by
users, anyone can edit, delete and arrange the articles on Wikipedia.
What Virgil Griffith did was come up with a program that reveals who
edits these articles, via a system where it scans the I.P address
and cross-references it with the I.P. directory.
As soon as the software was launched on the internet, chaos erupted.
Among many revelations, Wikipedia Scanner reported that:
-
Microsoft tried to
cover up the XBOX 360 failure rate
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Apple edit Microsoft
entries, adding more negative comments about its rival
Bill Gates revenge? Microsoft edits Apple entries, adding more
negative comments about its rival
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The Vatican edits
Irish Catholic politician Gerry Adams page
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In the 9/11
Wikipedia article, the NRA added that “Iraq was involved in
9/11”
-
Exxon Mobil edits
spillages and eco-system destruction from oil spillages article
-
FBI edits Guantanamo
Bay, removing numerous pictures
-
Oil company
ChevronTexaco removes informative biodiesel article and deletes
a paragraph regarding fines against the company
-
First article says
that The Times sells more than The Guardian. After the edit, The
Guardian sells more.
More here:
http://www.maltastar.com/pages/msFullArt.asp?an=14323
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