Andrew Reilly <andrew-> writes:
> So, you think that the re-regulation of the financial system will involve
> mandatory error bounds on stock value predictions? ;-)
re:
http://www.garlic.com/~lynn/2008s.html#23 Garbage in, garbage out trampled by Moore's law
GAO has been doing database of increasing numbers of financial
restatements of public companies (in spite of SOX). Basically
executives fiddle statements in order to increase bonuses. Later
statements may be restated, but executives don't forfeit bonuses. One of
the worst examples was freddie was fined $400m in 2004 for $10b
statement fiddling/inflation and the CEO replaced ... but allowed to
keep tens (hundred?) of millions. an earlier GAO reference:
http://www.gao.gov/cgi-bin/getrpt?GAO-03-138
2006 GAO reference:
http://www.gao.gov/new.items/d06678.pdf
post from earlier this year (with several additional references)
http://www.garlic.com/~lynn/2008f.html#96
with respect to rating agencies giving triple-A ratings to toxic CDOs,
supposedly SOX required SEC to do something with respect to the rating
agencies ... but there doesn't seem to have been anything besides a
Jan2003 report.
Report on the Role and Function of Credit Rating Agencies in the
Operation of the Securities Markets; As Required by Section 702(b) of
the Sarbanes-Oxley Act of 2002
http://www.sec.gov/news/studies/cred...report0103.pdf
another reference:
http://www.garlic.com/~lynn/2008s.html#5
and some related items:
http://www.garlic.com/~lynn/2008s.html#9
I would claim that regulation of the financial infrastructure and
insider anti-fraud processes are closely related. this recent post
mentions an early 80s court case involving (silicon valley, computer)
industrial espionage ... and the court effectively required
demonstrating that anti-theft/anti-fraud processes (which were
proportional to the value of the information, in the particular
situation, a couple billion dollars) had to be in place
http://www.garlic.com/~lynn/2008s.html#5 Greed - If greed was the cause of the global meltdown then why does the biz community appoint those who so easily succumb to its temptations?
in the above post, i mentioned that in a 2004 european financial
executive conference, i claimed that SOX was in large part window
dressing.
the analogy (in the industrial espionage court case) was akin to
requiring fences around swimming pools since minors can't be held
responsible for going swimming. given sufficient temptation ... the
court basically assumed everybody would steal something valuable
.... unless there were countermeasures.
Asking why financial regulation is needed is possibly on par with
wondering why banks might use vaults to keep money. The court (in the
particular case from the early 80s claiming billions in damages)
.... bascially wanted, in additon to showing that the information had
been stolen (and used so that there was resulting damages), proof that
there had been anti-theft processes in place (and considered adequate to
protect something worth billions of dollars, aka "security proportional
to risk").
--
40+yrs virtualization experience (since Jan68), online at home since Mar70