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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
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
 


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Deception Central    


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

  • 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

  • The Vatican edits Irish Catholic politician Gerry Adams page

  • 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
 

 
 
 

 © Copyright 2006-07 -- Janice Dorn, M.D., Ph.D. -- Ocean Ivory LLC