December 21, 2024

DealBook: 2 More Officials Plan to Leave the S.E.C.

Robert W. Cook, the S.E.C.'s director of trading and markets, at a Senate panel earlier this year.Mark Wilson/Getty ImagesRobert W. Cook, the S.E.C.’s director of trading and markets, at a Senate panel earlier this year.

The exodus at the Securities and Exchange Commission is continuing.

Two top S.E.C. officials — Mark D. Cahn, the general counsel, and Robert W. Cook, the director of trading and markets — plan to leave, the agency said on Wednesday. The two join Meredith Cross, the S.E.C’s director of corporate finance, whose departure was announced on Tuesday.

The departures come after Mary L. Schapiro announced her resignation as chairwoman last week, after four years leading the agency. Elisse B. Walter, a Democratic commissioner at the agency, will take the reins, but her successor is expected to be named in the near future.

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Under Mr. Cahn’s watch, the S.E.C. developed a program to reward whistle-blowers who provided useful information. Mr. Cahn, who has served in his position since February 2011, also advised on the rules that the agency had to write under the Dodd-Frank Act. He plans to leave at the end of the year and return to the private sector.

Mr. Cook, who has been the director of trading and markets since January 2010, oversaw the new rules for Wall Street stemming from Dodd-Frank and the JOBS Act. He also directed the agency’s response to the “flash crash” of May 6, 2010, leading an effort to strengthen circuit breakers and other controls.

“Robert provided extraordinary counsel and worked tirelessly as we put in place measures that have helped to bolster our markets,” Ms. Schapiro said in a statement.

Additional departures may follow after a new leader is named. Robert Khuzami, the S.E.C. enforcement director, is considered a long-shot contender to take over from Ms. Walter as chairman. Some agency officials expect him to leave if he is not named to the top post, according to people with knowledge of the matter who spoke on the condition of anonymity.

The personnel changes come as the agency has regained some of its footing since the financial crisis, but is still enmeshed in its share of battles. While the S.E.C. has claimed some significant enforcement victories over the last few years, it is still criticized by consumer advocates as not being tough enough on Wall Street.

It also has plenty of work to do, as it completes new regulations and considers fresh challenges, like how to police the high-speed trading that dominates the stock market.

“It has been a unique privilege to have worked at the commission during such an extraordinary period of change in the financial and regulatory arena,” Mr. Cahn, the general counsel, said in a statement.

Ben Protess contributed reporting.

Article source: http://dealbook.nytimes.com/2012/12/05/2-more-officials-plan-to-leave-the-s-e-c/?partner=rss&emc=rss

DealBook Column: Plot Twist in the A.I.G. Bailout: It Actually Worked

Neil M. Barofsky, a former Troubled Asset Relief Program official, at a Senate panel in 2010.Mark Wilson/Getty ImagesNeil M. Barofsky, a former Troubled Asset Relief Program official, at a Senate panel in 2010.

“Some people just don’t like movies with happy endings.”

That’s what the White House said about Neil Barofsky, then the special inspector general for the Troubled Asset Relief Program, when he complained two years ago that the Treasury Department was fudging its math about its investment in the American International Group.

At the time, the Treasury Department said that it was likely to lose only about $5 billion on the bailout. Mr. Barofsky declared that the number was “manipulated” as part of a “publicity campaign touting the positive aspects of TARP” ahead of the midterm elections.

Fast forward to this week. The Treasury Department announced it planned to sell $18 billion of its A.I.G. stake, putting it on a path to actually turn a profit. It was a remarkable feat and one that nobody — including Treasury Secretary Timothy F. Geithner — anticipated four years ago at the peak of the crisis during the $180 billion bailout of the company.

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Critics of the A.I.G. bailout — it was the most loathed of the rescues and a centerpiece of the Occupy Wall Street movement — had insisted it was going to be a huge black hole.

Given the latest news, I called Mr. Barofsky to see if he had any regrets about his earlier pronouncements now that the rescue of A.I.G. appeared profitable.

“Whoa! Whoa! Whoa! They are not making money!” Mr. Barofsky, now a senior fellow at New York University School of Law, said when I reached him. “They are on the path to very significant losses!”

What?

Mr. Barofsky, who recently wrote a scathing book about the Treasury Department called “Bailout,” refused to admit defeat, saying, “I was right then and I am right now.”

He said that the government is “really engaged in half-truths and creative accounting.” After that assertion, he quickly followed up with, “Is the timing keyed to the election?”

Mr. Barofsky continues to claim the Treasury Department is playing fast and loose with how it calculates profitability. The Treasury says its break-even cost for A.I.G. shares is $28.73, so that any sale of shares at a higher price — the government is selling its A.I.G. shares for $32.50 — means it stands to make a profit.

Mr. Barofsky says that calculation is “absurd.” He says the real break-even price for TARP is $43.53 a share. But Mr. Barofsky — and other critics of the bailout that have sought to portray the rescue effort as a money-losing failure — may be engaged in half-truths and creative accounting of their own.

Mr. Barofsky is focusing on how much the government paid through the TARP program for A.I.G. shares, not how much the taxpayer will ultimately make — including through a separate investment made by the Federal Reserve.

Mr. Barofsky is technically correct that if you isolate the original cost to TARP for its investment in A.I.G., $43.53 a share is the break-even number.

But that conveniently excludes the huge stake that the Federal Reserve received in exchange for its original $85 billion rescue in September 2008. The Federal Reserve’s stake was later rolled into the Treasury’s stake through a series of complicated transactions.

If you include the TARP stake and the Federal Reserve stake, the break-even sale price for A.I.G. shares is the $28.73 that the Treasury has proclaimed.

And that’s the number that taxpayers should care about.

Mr. Barofsky, however, told me that “it’s just not accurate” for me or anyone else to accept Treasury’s view of profitability because “they mixed the pot.”

He explained: “The Fed’s cost basis is zero and they essentially gifted the shares to Treasury,” adding that the government should disclose its math. “It’s a question of transparency.”

When Mr. Barofsky first raised this issue in 2010, the White House, in a rare rebuke of an inspector general, said he had “sought to generate a false controversy over A.I.G. to try and grab a few, cheap headlines.”

As we approach the four-year anniversary of the collapse of Lehman Brothers and the rescue of A.I.G. next week, sadly, much of the public — and people like Mr. Barofsky, as well-intentioned as he is — are still criticizing and debating the merits of the bailout. It’s almost become a cottage industry.

In his book, Mr. Barofsky wrote, “Treasury’s desperate attempt to bail out Wall Street was setting the country up for potentially catastrophic losses.”

As distasteful as the rescue effort was, it should be clear by now that without it, we faced an economic Armageddon. And the results thus far of bailing out the big banks, and A.I.G., indicate a profit.

The Government Accountability Office, which is not swayed by politics, estimated in May that taxpayers will receive a profit of about $15 billion from the A.I.G. bailout. That includes the profit the Fed had already made as part of the broader rescue. There may still be parts of the bailouts to debate: how they were executed, whether they were as effective as they could have been and, perhaps, whether taxpayers should have received an even bigger return for their investments given the risk.

But on the whole, the rescue of A.I.G. — often called a backdoor bailout of Wall Street — should be considered a success.

Toward the end of my phone call, Mr. Barofsky said it himself: “The government had no choice but to bail out A.I.G.” Then he added that Treasury’s sale of A.I.G. stock “is unambiguously good news for the country.”

Article source: http://dealbook.nytimes.com/2012/09/10/plot-twist-in-the-a-i-g-bailout-it-actually-worked/?partner=rss&emc=rss

DealBook: Investor Adviser Urges Ousting Most News Corp. Directors

Rupert Murdoch, chairman and chief executive of the News Corporation.Mark Wilson/Getty ImagesRupert Murdoch, chairman and chief executive of the News Corporation.

8:00 p.m. | Updated

A major investor advisory firm recommended Monday that shareholders of the News Corporation vote against the re-election of a vast majority of the media conglomerate’s board, including Rupert Murdoch and his sons, who control the company.

The firm, Institutional Shareholder Services, wrote in a report that the News Corporation’s incumbent directors, 13 out of 15 board members, failed to prevent the company from stumbling into a morass of corporate troubles.

Chief among these is the phone-hacking scandal in Britain that has led to the arrests of several News Corporation executives, parliamentary hearings and a public apology by Mr. Murdoch.

The scandal flared up in July, when The Guardian newspaper of London reported that reporters for a News Corporation publication, News of the World, had hacked into the voice mails of a 13-year-old murder victim, Milly Dowler. It eventually grew to encompass charges of widespread hacking and illicit bribes paid to British police officers.

The scandal has cost the News Corporation financially. The company eventually closed News of the World after 168 years and scuttled plans to buy control of a major satellite television provider, British Sky Broadcasting, for about $12 billion.

Institutional Shareholder Services wrote that the phone-hacking revelations had exposed “a striking lack of stewardship and failure of independence by a board whose inability to set a strong tone-at-the-top about unethical business practices has now resulted in enormous costs — financial, legal, regulatory, reputational and opportunity — for the shareholders the board ostensibly serves.”

Only two of the News Corporation’s director nominees, Joel I. Klein and the venture capitalist James Breyer, received the advisory firm’s approval, since they have served on the board for only a few months. Mr. Klein, who formerly served as the chancellor of New York City’s public schools, is helping supervise the phone-hacking inquiry.

Firms like Institutional Shareholder Services can hold great sway over public companies’ investors. Many large shareholders often follow proxy advisers’ recommendations.

Still, the firm’s call to arms is largely symbolic, since Mr. Murdoch, the News Corporation’s chairman and chief executive, controls about 40 percent of the company’s voting shares. Prince Walid bin Talal of Saudi Arabia, who owns about 7 percent of News Corp.’s stock, publicly backed the company’s management in July.

Institutional Shareholder Services also took issue with the News Corporation’s executive compensation plans, particularly the near-tripling of Mr. Murdoch’s cash bonus for the 2011 fiscal year to $12.5 million.

It noted that Chase Carey, the News Corporation’s deputy chairman and chief operating officer, received a tax benefit when his contract was renewed, although his base salary was cut in half to $4.05 million.

The firm recommended voting against the executive compensation proposal, although it is only advisory.

As expected, the News Corporation took issue with the recommendations, saying it “strongly disagrees” with them.

“The company takes the issues surrounding News of the World seriously and is working hard to resolve them,” Teri Everett, a company spokeswoman, said in a statement. “However, I.S.S.’s disproportionate focus on these issues is misguided and a disservice to our stockholders. Moreover, I.S.S. failed to consider that the company’s compensation practices reflect its robust performance in FY 2011 driven by its broad, diverse group of businesses across the globe.”

Shares in the News Corporation closed up more than 4 percent on Monday, at $16.97.

Article source: http://feeds.nytimes.com/click.phdo?i=131482804d54c127b83b0b736a83ad74

DealBook: Debt Drama Blocks Out Big Picture on Credit

Treasury Secretary Timothy F. Geithner has held out Aug. 2 as a deadline. President Obama warned of dire consequences.Chris Usher/CBS News, via Associated Press and pool photo by Jim WatsonTreasury Secretary Timothy F. Geithner has held out Aug. 2 as a deadline. President Obama warned of dire consequences.

9:42 p.m. | Updated

As Washington continues to debate a debt deal, the Obama administration has been preparing the country for the worst, with officials essentially saying the sky is about to fall.

But so far, oddly enough, nothing has happened. Despite warnings that a deal would need to be brokered by Sunday night before the Asian markets opened, stocks merely stumbled on Monday — the type of weakness usually associated with soft corporate earnings instead of an economic apocalypse.

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Wall Street’s blasé response presents a serious challenge for the administration. The government has been ringing the alarm bells of an impending catastrophe to add urgency to its efforts to get Republicans to hash out a compromise.

President Obama, in his address on Monday night, again warned of dire consequences if a deal is not reached.

“We would risk sparking a deep economic crisis, this one caused almost entirely by Washington,” he said.

While the sky indeed may fall if the sides cannot compromise, the fact that the market has been calm has served only to deepen the resistance to a deal. People who perhaps should be worried don’t seem to be, and worse, appear to have stopped listening to the warnings.

How did it come to this?

The administration may have made a strategic mistake in warning too soon that the market would react negatively. It ultimately undercuts the government’s negotiating position because the doomsday scenario has not played out, even though the deadline is fast approaching.

Neil M. Barofsky, the former special inspector general for the Troubled Asset Relief Program.Mark Wilson/Getty ImagesNeil M. Barofsky, the former special inspector general for the Troubled Asset Relief Program.

“They have lost all credibility,” said Neil M. Barofsky, the former special inspector general for the Troubled Asset Relief Program. “It’s so typical of the way Treasury and the Fed treat everything — it is always to warn that Armageddon is coming.”

The Treasury secretary, Timothy F. Geithner, is among those who may have miscalculated.

He has consistently held out Aug. 2 as the cutoff date for lawmakers to reach a compromise. After that, Mr. Geithner has said the government might not be able to continue sending out Social Security checks or Medicare payments. “On Aug. 2, we’re left running on fumes,” he told the CBS program “Face the Nation.”

He told me back in May that he was expecting to reach a deal by mid-July, way ahead of the final deadline. “Why would you want to experiment? In July, you’d want this done.”

But increasingly, the market seems to believe it was a false deadline. Some economists have said the government would have enough cash on hand to continue making payments for several days at least. The administration could also decide how to prioritize payments. The government, for instance, could opt to pay interest on Treasuries and put off other bills.

In other words, the United States has some wiggle room.

Mohamed El-Erian, the chief of Pimco.Jonathan Alcorn/Bloomberg NewsMohamed El-Erian, the chief of Pimco.

“The Aug. 2 deadline is not as hard as indicated by Secretary Geithner,” said Mohamed El-Erian, the chief executive of Pimco, the large bond manager.

It doesn’t help the government’s case that investors believe the debate over the debt ceiling amounts to political posturing. Wall Street is counting on lawmakers to work out a deal, albeit at the last minute — a big reason the markets remain sanguine.

“The markets believe the political parties will reach a compromise agreement to avert a default,” Mr. El-Erian said, especially considering that they may have a bit more time on the doomsday clock.

Investors have good reason to ignore the drama. In years past, politicians have rubber-stamped an increase in the debt ceiling with little discussion or dissent. Since 1962, Congress has voted to increase the limit 74 times, according to the Congressional Research Service, a division of the Library of Congress. It happened 17 times under President Ronald Reagan and four times during the Clinton administration.

But investors may have been lulled into a false sense of security and, as a result, they may have missed the bigger picture.

Whether lawmakers reach an agreement about the debt ceiling may be beside the point. Republicans and Democrats are likely to comprise at some eventual date.

The question is how rating agencies will view the country’s creditworthiness, even if a deal is reached.

To some extent, that’s why lawmakers are wrangling over whether to pursue a stop-gap measure for the next couple of months versus a long-term plan. Standard Poor’s threatened that it would cut the United States rating if lawmakers didn’t come up with a “credible” solution.

“What I think is underappreciated until now is a possible outcome whereby the debt ceiling is increased, debt default is avoided, but one of the rating agencies feels compelled to downgrade America’s AAA because of insufficient agreement on medium-term fiscal reform,” Mr. El-Erian said.

If the country were to lose its vaunted rating, the federal government, companies, homeowners and innumerable others would see their costs skyrocket — a situation that would certainly send the markets into a downward spiral.

Article source: http://feeds.nytimes.com/click.phdo?i=93f53827c68d1fc84dc0d3fbcde27c58