Just another Reality-based bubble in the foam of the multiverse.

Monday, October 06, 2008

National Security Derivatives Las Vegas

So how much of the fuzzy quadrillion in fantasy securities ravaging the world's economies are due to this?

...President George W. Bush has bestowed on his intelligence czar, John Negroponte, broad authority, in the name of national security, to excuse publicly traded companies from their usual accounting and securities-disclosure obligations. Notice of the development came in a brief entry in the Federal Register, dated May 5, 2006, that was opaque to the untrained eye.

Unbeknownst to almost all of Washington and the financial world, Bush and every other President since Jimmy Carter have had the authority to exempt companies working on certain top-secret defense projects from portions of the 1934 Securities Exchange Act. Administration officials told BusinessWeek that they believe this is the first time a President has ever delegated the authority to someone outside the Oval Office. It couldn't be immediately determined whether any company has received a waiver under this provision.

The timing of Bush's move is intriguing. On the same day the President signed the memo, Porter Goss resigned as director of the Central Intelligence Agency amid criticism of ineffectiveness and poor morale at the agency. Only six days later, on May 11, USA Today reported that the National Security Agency had obtained millions of calling records of ordinary citizens provided by three major U.S. phone companies. Negroponte oversees both the CIA and NSA in his role as the administration's top intelligence official.

White House spokeswoman Dana M. Perino said the timing of the May 5 Presidential memo had no significance. "There was nothing specific that prompted this memo," Perino said.

In addition to refusing to explain why Bush decided to delegate this authority to Negroponte, the White House declined to say whether Bush or any other President has ever exercised the authority and allowed a company to avoid standard securities disclosure and accounting requirements. The White House wouldn't comment on whether Negroponte has granted such a waiver, and BusinessWeek so far hasn't identified any companies affected by the provision. Negroponte's office did not respond to requests for comment.

Securities-law experts said they were unfamiliar with the May 5 memo and the underlying Presidential authority at issue. John C. Coffee, a securities-law professor at Columbia University, speculated that defense contractors might want to use such an exemption to mask secret assignments for the Pentagon or CIA. "What you might hide is investments: You've spent umpteen million dollars that comes out of your working capital to build a plant in Iraq," which the government wants to keep secret. "That's the kind of scenario that would be plausible," Coffee said.

William McLucas, the Securities & Exchange Commission's former enforcement chief, suggested that the ability to conceal financial information in the name of national security could lead some companies "to play fast and loose with their numbers." McLucas, a partner at the law firm Wilmer Cutler Pickering Hale & Dorr in Washington, added: "It could be that you have a bunch of books and records out there that no one knows about..."


Ya think?

Goldman-$achs Amerika, again.

[tip o'teh tinfoil to Jack Riddler]

Of course, once fraud becomes the industrial standard, it's only a matter of time before the Professionals take a hand in the game- assuming they haven't been dealing the cards all along:

Japan's powerful yakuza organised crime syndicates are mounting a widespread assault on the country's financial markets that may have left hundreds of listed companies riddled with mob connections.

In a surprisingly stark admission, the National Police Agency (NPA) says that it is locked in a battle for the economic soul and international reputation of Japan.

Police investigations suggest that the yakuza have become voracious traders and manipulators of listed Japanese shares, and, via a network of about a thousand apparently legitimate front companies, occupy big positions on the shareholder registers of many companies that may not even be aware of the connection.

According to one veteran expert on the yakuza, the new activities of the nation's largest crime syndicates have effectively turned the mob into the biggest private equity firm in Japan...


With a $700 billion rotating bankroll, doubtless Paulson's already been made several offers he could not refuse.

[tip o'teh tinfoil to Cryptogon]

2 comments:

Anonymous said...

hey kelley,
sometimes when i scroll your website, an unmarked grey square appears-- equivalent to an unmarked pop-up window. The grey square scrolls with me, its very effective at blocking out the text that i want to read. i'm always wondering about the grey square and wanted to make you aware of it.

kelley b. said...

Thanks, whitewhale.

For some reason this shows up when I embed too many You Tube links. I'll change them to standard html format until it goes away.