More Industry Black Eyes

The SEC believes it’s uncovered another case of wrongdoing, this time at a firm headed by a “prominent member” of the National Association of Financial Planners, or NAPFA. The bitter irony for NAPFA members is that the organization is very vocal about working in clients’ best interests, rather than following Wall Street business-as-usual.

Here’s an interesting editorial take on the story and what it means for the industry:

The allegations of wrongdoing against a former NAPFA president could not have come at a worse time for the group, which is part of a troika with FPA and the Certified Financial Planner® Board of Standards lobbying Congress for creation of a new Self Regulatory Organization to oversee financial planners. Last month, another NAPFA member, Matthew Weitzman of AFW Wealth Advisors in New York City, was caught up in scandal and was reportedly the target of an SEC probe, according to a story by New York Times personal finance columnist Ron Lieber, who was one of Weitzman’s clients.

In a post here just yesterday, I mentioned that the continuing string of scandals involving RIAs make it unlikely that any effort to further regulate RIAs could be thwarted by NAPFA, FPA and the CFP Board. But revelations about Putman are particularly sad because he held himself out as a leader of NAPFA, an organization that is dominated by members with great integrity, advisors who have always been at the forefront in campaigning for issues in the interest of consumers. To see NAPFA’s reputation stained by a few bad members is heartbreaking…

While NAPFA has remained a beacon of light in the sometimes shrouded world of financial advisors by supporting a fiduciary standard, it also increasingly became a marketing machine for advisors who used the referral network and favorable press garnered by NAPFA to grow their businesses and who were little interested in the high ideals of many the group’s members. Perhaps the news about Putman’s troubles will cause an introspective discussion among NAPFA members and help the group reclaim its high moral ground.

Gluck concludes by calling the financial media to task:

One other good thing that may come of this is that maybe—just maybe—a reporter in the consumer press will write about the idiocy of these “top financial advisor” lists, which sell magazines but stink at figuring out which advisors are really the best. There is no substitute for real research, which these magazine stories always fail to do. While the articles in Worth and Medical Economics were great marketing for Putman’s firm, these publications can’t possibly research all of the nation’s advisors and find the best ones without a massive effort, an undertaking they are unlikely to know how to effecutate [sic] or finance.

Our editorial slant: Unfortunately, these kinds of episodes seem likely to increase the probability of excessive and/or poorly designed regulations, which will limit consumers’ choice and industry dynamism over the long run. We do accept that regulations can and should be improved when appropriate, but we don’t see how regulations will ever prevent human beings from being human beings (consider that despite the rule of law, societies still need prisons), however badly we want to reduce the risk of malfeasance in financial services to zero. There appear to be some common threads to most of the fraud cases brought by securities regulators, which leads us to believe that one of the most powerful tools for creating a better regulated industry is education. Not the kind of financial education we’re used to, like consumer pamphlets from public agencies and glossy marketing pieces from private organizations, but actual education, starting sometime in the K-12 years. There are few aspects of life more important or more prevalent than finance, and while almost everyone has the opportunity to use financial technologies (and potentially bring ruin upon themselves), far fewer have the opportunity to learn what it’s all about.

Fortunately, American civil life is still alive and well, despite occasional hysteria about its demise. We know of charter schools in our area dedicated to finance, business, and entrepreneurship, and other organizations have sprung up to fill the gap. We just came across this one in Colorado (thanks Google), which offers some some statistical data in support of its mission and our editorial above.

URLs:

http://www.investmentnews.com/apps/pbcs.dll/article?AID=/20090608/REG/906079995/1094/INDaily01

http://www.napfa.org/

http://gluck.advisorblogcentral.com/post/2009/05/Former-NAPFA-President-Faces-SEC-Fraud-Charges.aspx

http://www.yacenter.org/index.cfm?fuseAction=financialLiteracyStatistics.financialLiteracyStatistics

Recruiter Confidence and Economic Outlook

Via CFO.com, an ExecuNet survey of executive recruiters turned up significantly in May.

Specifically, 57% of the recruiters surveyed (n = 143) expect improvement in the next six months, an increase of 16% month over month, and the third straight month of improvement. Only 19% expect improvement in the next three months, a slight increase over 18% last month. The implication, according to ExecuNet, is that companies are currently formulating hiring plans, but actual hiring won’t get traction until late 2010 or early 2011. As employment tends to improve later in the business cycle, this is fairly encouraging.

Notably, payrolls data released today shows that - although job losses continue to mount and the official unemployment rate now stands at 9.4% (“highest since 1983″ is the prevailing meme) – the rate of job losses is slowing.

All of these signs confirm what credit markets and unemployment claims have been indicating during the second quarter, and we continue to see a very high probability of the recession ending this year. In fact, there’s even a reasonable probability of the recession ending this quarter (ie, by the end of this month). And while it’s likely to be some time before we return to the level of economic activity that prevailed before this downturn, the rate of growth from current levels looks like it could surprise to the upside. The caveat, as before, is how durable the recovery will be, and on that count, we still see plenty of risks to the U.S. economy in late 2010 and beyond. Such a cycle would reminiscent of both the late 1970s and the late 1930s.

URLs:

http://www.cfo.com/printable/article.cfm/13804768

http://www.execunet.com/m_releases_content.cfm?id=4364

http://www.bloomberg.com/apps/news?pid=20601103&sid=axhy8nEZHIXY&refer=news

SEC: You’re no angel, Angelo

The SEC is filing civil fraud and insider trading charges against ex-Countrywide CEO Angelo Mozilo. According to Investment News:

The filing of the agency’s civil lawsuit is a striking turn for Mozilo, the man who 40 years ago co-founded what grew into the nation’s largest mortgage lender. He moved the company in 1969 from New York to the housing hotbed of suburban Los Angeles, guiding Countrywide through numerous boom-and-bust housing cycles.

After the mortgage crisis hit, Calabasas, Calif.-based Countrywide was forced to cut thousands of jobs and saw its shares plummet. Its downward spiral ended in it being bought by titan Bank of America Corp. in July 2008 for about $2.5 billion. Countrywide itself is the target of multiple lawsuits related to the mortgage meltdown.

Mozilo sold about $130 million in Countrywide stock in the first half of 2007 through a prearranged 10b5-1 trading plan. These plans, popular among corporate executives, allow a company insider to set up a program in advance for such transactions and proceed with them even if he or she comes into possession of significant nonpublic information.

Before the anti-regulatory crowd rushes to Mozilo’s defense based on his legal use of a 10b5-1 plan, we’d point out that these vehicles are susceptible to abuse, and according to a story in today’s WSJ (subscription required), empirical research supports the idea that they are sometimes used to provide cover for what would otherwise be illegal insider selling, which in our market system is viewed as a form of theft from other shareholders (in fact, now that the federal government is a major shareholder in public companies, perhaps this kind of nonsense will get more of the attention it deserves).  According to the Investment News story, Mozilo might have been involved in 10b5 misuse:

North Carolina’s state treasurer, who asked the SEC in 2007 to investigate Mozilo’s stock sales, raised questions about changes made to Mozilo’s plan in the months before the company’s stock plunged, which allowed Mozilo to significantly increase his sales of Countrywide shares.

Mozilo had sold company shares through prior arrangements since 2004; the pace of his sales began to quicken in October 2006 when he put a new plan into effect. Mozilo has said that he did so to reduce his stake in Countrywide and diversify his personal investments in an orderly fashion before his retirement, which was slated for December 2009.

In a follow up, the Journal’s Deal Blog feature listed some other notable abuses by executive management of public companies. We’re big fans of free markets, and we wouldn’t belittle the success Mr. Mozilo had in building a large public company, and the dedication that required. But at the end of the day – even if there proves to be no substance to the fraud and insider trading charges - greed and poor ethics took Countrywide down, and its management foisted as much of the resulting costs onto others as they could. And this is hardly an isolated example of agency costs being imposed on others – whether fellow shareholders, other companies’ shareholders, or taxpayers – by American executives (Merrill Lynch, anyone? AIG counter parties?).

Fortunately for Mozilo these are civil and not criminal charges – for as far as we know, there are no tanning beds in prison.

URLs:

http://www.investmentnews.com/apps/pbcs.dll/article?AID=/20090604/REG/906049969/1094/INDaily01

http://online.wsj.com/article/SB124407837568483691.html

http://blogs.wsj.com/deals/2009/06/04/executive-stock-hedges-who-is-doing-them/

TR2: Lawmakers’ expense accounts

In Tax Revolt II news, increasing scrutiny is being paid to lawmakers’ expense accounts in the U.S. and Europe after a scandal erupted in the U.K.’s Parliament over some abuses of living expense claims.

According to a story just posted online by the Wall Street Journal, ”House Speaker Nancy Pelosi on Wednesday directed that “statement of disbursement” records detailing spending by the offices of members of the House be published online “at the earliest date.”

This episode lends support to an assertion we made at the beginning of 2007: “There’s a governance revolution afoot in the world. Beltway and other capital denizens should be careful to take notice. ”

URLs:

http://tinyurl.com/google-parliament-scandal (http://preview.tinyurl.com/google-parliament-scandal)

http://online.wsj.com/article/SB124364352135868189.html

http://sify.com/news/fullstory.php?a=jf2l9Heicga&title=British_expenses_scandal_heads_to_EU_parliament

http://online.wsj.com/article/SB124404974993181853.html

http://654advisors.com/index.php/blog/2007/01/a-seamy-trifecta/