After dealing with an attempted invasion of my home by rabid ants.
I have just read all the posts following mine. I will briefly address some of the more important points and leave the rest for tomorrow.
Here's the gist of my responses to
Falcons earlier posts:
While laws do need stronger enforcement, the government
still needs to enact new legislation that will close the loopholes and cover things not currently addressed under current law.
*note I did not address certain mundane comments that were already pointed out by Mr. Bean. These points I feel have already been either adequately, and if i feel the need to bring them back up i will do so tomorrow.
Here's reason for, in detail:
Are the lawyers engaging or helping in an illegal activity? If so, fine, why were they shielded in the first place? Who put laws into place that shields wrongdoing by lawyers?
Answer: YES, they were shielded because the gov was helping out their buds, laws were passed by the same branch of government that passes every other law in the country,
congress.
Proof:
Two bills passed by Congress in the mid-1990s - the Private Securities Litigation Reform Act of 1995 ("PSLRA") and the Securities Litigation Uniform Standards Act of 1998 ("SLUSA") - severely reduce the rights of shareholders and other from attempting to recover their losses from corporate wrongdoers and their co-conspirators, especially accountants and lawyers. This has led to situations like Enron, where the risk of liability is far outweighed by the possible financial gains of the wrongdoing. These bills erected numerous hurdles for victims of financial crimes who are seeking to recover their losses. The PSLRA - enacted over President Clinton's veto (with support from members of both parties) - makes it far more difficult for victims to get into court, to maintain a case once there and to collect a meaningful percentage of their losses even if they win. The SLUSA forces almost all small investors to take their cases to federal court, where they must sue under the draconian terms of the PSLRA, instead of the often more investor-friendly laws of their own states.
That hardly helps when they are given incorrect information. That’s the problem, no one can know when something illegal is going on because the wrongdoers lie about it. How would your watchdog commission stop lies and fabrications?
Response to Mr. Bean
My point was that we already have watchdog groups, they failed. What makes you think this new watchdog would succeed where the old one failed? If its run by the government then its still going to be accountable to elected members of the government, who take funding from, guess who, big business. I'm not saying we shouldn't catch and punish wrongdoers, I just don't think that new government red tape is what’s needed.
Answer: Oh how you contradict yourself.
After Mr. Bean pointed out the idiocy of your statement you attempt feebly to backtrack yourself and try introduce your own opinion of watchdog groups
over what I stated at the beginning. Doing this you fabricate evidence that only supports your argument. Pathetic
Proof: And that was "to establish Financial Consumer Associations, state-chartered, nonprofit organizations with fulltime staffs that can help consumers band together to serve as watchdogs on financial issues, such as securities fraud." If you will note these are all
public groups who will not have to be part of the endless red tape of the government. Hence they will aid in cracking down on criminals.
How would that stop fraud? They already play favorites and swap favors. Taking this action wouldn't prevent them from continuing to do so.
Answer: I guess you completely misunderstood the meaning of this action. This separation would have allowed investors to have been more aware of the falling stack prices.
Proof: 47 of the 50 top investment brokerage firms covering companies that went bankrupt in the first four months of 2002 advised investors to "buy" or "hold" shares in failing companies even as they were filing for Chapter 11.
What’s that supposed to mean? Anyone who has been a businessman before can no longer serve in government? That’s not only stupid, its unconstitutional.
Response to Mr. Bean
The requirements of running for senate are defined in the Constitution. Anything more or less is a violation of the Constitution.
Answer: What the hell is your point?
The
only thing you are saying is that it's unconstitutional. Is it? This is a baseless argument built on straw. A strawman. That's how did you get "no more businessmen in gov" from "close the revolving door" in and out of gov. Second the logic behind this is quite simple. If you’re a corporate exec and you want to be on the SEC board, you would be potentially policing a company that you were once a part of and one that you probably had money still invested in. Something called conflict of interest. Maybe you've heard of it.
quote:
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As with enforcing we need to:
Actively enforce the 1934 Securities Exchange Act, which contains several securities fraud provisions, including prohibitions on insider trading and nondisclosure.
Give corporate criminals real jail time.
Revoke professional licenses for lawyers and accountants who aid in fraud.
Expand SEC disclosure standards to include environmental and social issues.
Double the Securities and Exchange Commission's (SEC) present budget of about $467 million for 2003.
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SO why aren’t these things being done? Don't say Bush, most of the accounting frauds happened before he took office. It is government incompetence in general, and adding more laws will not change that.
Answer: How short is your memory span? I said laws which need enforcing. Not new laws. So cut the endless crap about no new laws. It's a broken record.
Second it is the gov's incompetence, which is why we need to increase funding for the SEC and expand their powers.
Proof:
President Bush's proposed $100 million increase in the SEC's 2003 budget is woefully inadequate, given the SEC's responsibility to investigate the many "bad apples" in the corporate bushel and in light of a longstanding need to increase the Agency's budget to reflect its growing responsibilities and high staff turnover/low pay rates. An overwhelming majority from both parties in Congress voted for a 75% increase in the SEC's budget before Bush made his proposal. Meanwhile, a March, 2002 Government Accounting Office (GAO) report to Congress on SEC operations reported that critical SEC regulatory and enforcement activities suffer from limited resources and staffing in the face of increased responsibilities. "[T]hese delays have resulted in foregone revenue and have hampered market innovation," the GAO concluded. See "SEC Operations: Increased Workload Creates Challenges," GAO-02-302.
*bah, too long finish you, I will tomorrow
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Azeron
Where do i start?
Well since it's late I’ll just note on your most incorrect info:
enforce the 1934 Securities Act? Have you ever even read the Act? obviously you haven't then you would realize how this doesnot apply to enron or the rest.
Let me ask you. Have
you read the 1934 Securities Exchange Act? Because if you had it must had been upside down. Because you obviously missed the section which contains several securities fraud provisions, including a two-pronged statute that prohibits both insider trading and misdisclosure (concealing or misrepresenting the company's financial status). Along with the entire section on audit requrements. Something that AA did not follow.
Nice try bubo.
Double the SEC's budget? I assume that’s going to make the SEC 2x as effective. I doubt it, they are rather effective right now, but politions espeically fro mthe democratic side seem to keep interferring in the SEC's job.
Stop with your irrelevant assumptions. I doubt, I think, I assume. It doesn’t matter what
you think unless you can support it with fact. D'uh.
Fact: A March, 2002 Government Accounting Office (GAO) report to Congress on SEC operations reported that critical SEC regulatory and enforcement activities suffer from limited resources and staffing in the face of increased responsibilities. "[T]hese delays have resulted in foregone revenue and have hampered market innovation," the GAO concluded. See "SEC Operations: Increased Workload Creates Challenges," GAO-02-302.
Oh btw, Anderson is a LLP, not a corp, it doesn't have a CEO, its has partners, and all partners approve of each others pay.
Just because it isn't a corp doesn't mean it dosn't have a CEO. Do you know anything?
Your pathetic.
Do some basic research and save yourself from embarrassment. Because they
do have a CEO and he,
Joseph Berardino, quit after the enron scandal. Here's some of his testimony at the CFS.
http://www.andersen.com/website.nsf/con ... enDocument
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Damn it's late must sleep. Good Night, or Good Morning. Bah.
If those in charge of our society-politicians, corporate executives and owners of press and television-can dominate our ideas, they will be secure in their power. They will not need soldiers patrolling the streets. We will control ourselves
-Howard Zinn