Archive for September, 2008

SEC “Clarifies” Mark-to-Market Accounting

Posted in Congress, Mortgage/Housing Crisis, Wall Street on September 30, 2008 by John Stodder

The Quemoy and Matsu of the 2008 election has emerged; in other words, the obscure issue that no one knew anything about until recently and is now a red-hot concern stoking passions and creating political schisms.  It’s “mark to market” accounting.

Yesterday, the House refuseniks were claiming that, by the stroke of a pen, the Securities and Exchange Commission’s chair, Christopher Cox, could alleviate the financial panic by getting rid of the requirement that assets be valued on a balance sheet at their current market price.

Today, they sort of did just that.

Whats Behind Door Number One?

What's Behind Door Number One?

The mortgage-backed securities that enwrap an unknown quantity of mortgages that will default cannot be traded right now at any price.  If a company is required to list them on the balance sheet as worth “zero,” then the overall health of a given financial institution would look terrible, verging on collapse.  In many cases, that is not an accurate picture of what will happen in the real world, since not all the mortgages concealed in those packages are worth zero, and many prove out just like they say in the loan contract.

The Paulson bailot scheme was supposed to cure this problem by giving the Treasury Department the power to buy these securities off their current owners in return for hard dollars — taxpayer dollars — at fire-sale prices.  The reason this wouldn’t really be a bailout is because, as I just said, behind all these Door Number Ones and Door Number Twos, there are items of value — Cadillacs mixed in with the ugly old goats.

With the Federal Accounting Standards Board’s (FASB) clarification, companies are allowed to make educated guesses as to the ultimate value of these mortgage securities; say, the value of the Cadillac, minus the damage from the ugly old goat chewing on the upholstery.

Here’s how the FASB put it, with some additional explanation from the Washington Post:

“When an active market for a security does not exist, the use of management estimates that incorporate current market participant expectations of future cash flows, and include appropriate risk premiums, is acceptable.”

The SEC is not telling holders of hard-hit mortgage-backed securities that they can willy-nilly slap any value on them they want.

What the SEC is saying is: You can take other factors into account when valuing them.

For some financial institutions, this change represents the difference between being regarded as credit-worthy and not.  Which means lenders might lend them money tomorrow they would not have lent them yesterday.

Well, maybe not tomorrow.  I assume the revaluing of these assets must follow a process and be signed off by independent auditors.  But without a doubt, it’s an important change that will have an effect on the credit markets, the stock market and what Congress does next.

The question I would raise is:  Does this change make it more or less likely that Congress will pass the bailout bill?  Keep in mind, the conservatives in the House thought mark-to-market along with an expansion of deposit insurance could substitute for the Paulson plan.  On the other hand, perhaps this changes the risk calculus applying to the taxpayer funds Treasury seeks to invest.

Of course, this is not without controversy.  This afternoon, the Wall Street Journal reported that the Big Four accounting firms and consumer groups were just getting geared up to lobby to maintain “mark to market.”

“It’s just bad for investors,” said Beth Brooke, global vice chair at Ernst & Young LLP, in Washington, D.C. “Suspending mark-to-market accounting, in essence, suspends reality.”

The Center for Audit Quality, a Washington, D.C., nonprofit funded by accounting firms, is writing lawmakers to warn them against waiving mark-to-market accounting rules. Big Four accounting firms also plan to join in the lobbying effort, calculating that it is no longer safe to stay neutral.

Accountants won’t be going it alone because consumer groups don’t like the idea of rescinding mark-to-market accounting either.

“It’s absolute idiocy,” said Barbara Roper, director of investor protection for the Consumer Federation of America. “Allowing companies to lie to investors and lie to themselves is not the solution to the problem, it is the problem.”

Ms. Roper said lawmakers need to understand “that the alternative to mark-to-market accounting is mark-to-myth” and could give banks and other financial companies the freedom to value assets at inflated amounts.

If you accept these contentions, you would conclude that “mark-to-market” doesn’t do anything to heal the credit markets.  Instead of a firm being forced to value their mortgage-backed securities at zero, they would value them at something else — but the lender might decide it’s still zero, because any other number is guesswork or wishful thinking.

Things We Didn’t Expect to See After the Bailout Failed, Part 2

Posted in Economic Statistics, Wall Street on September 30, 2008 by John Stodder

Stocks moving up so strongly?

The major indices spent the entire day in rally mode Tuesday, adding to their early gains as the day progressed. The Dow Jones Industrial Average jumped 485.21 points, or 4.7%, at 10,850.66, and the S&P 500 added 58.34 points, or 5.3%, to 1164.73. The Nasdaq climbed 98.6 points, or 5%, to 2082.33.

On Monday, stocks got crushed after the House of Representatives voted down the Treasury Department’s $700 billion financial-sector stabilization plan. The Dow plunged 777 points, or 7%, its worst single-day loss ever in terms of points and its worst percentage loss since Sept. 17, 2001. The S&P 500 gave up 8.8%, and the Nasdaq fell 9.1%.

Of course, there are less than encouraging explanations.From the same story:

Phil Roth, chief technical analyst at Miller Tabak, had expected an upside open following Monday’s big drop. He pointed out that the financial sector, which has been at the center of market turmoil, held lows established on Sept. 18. Those lows were higher than the ones reached in mid-July, which is encouraging, said Roth. Nevertheless, “I think we’ve got a long way to go before we can say we have a bottom for a whole bull market,” he said.

“Once we get the stupid bill passed … the market will have a little hoopla. And [then], people will say, ‘Oh my God, we’re in a recession.’ That’s the next shoe to drop, but that will take a while.” Roth said that a lack of investment buying is the biggest problem the market faces, and long-term interest rates need to decline before stocks enter a bull market.

I’ll get more reactions up later.

Things We Didn’t Expect to See After the Bailout Failed, Part 1

Posted in Economic Statistics, Wall Street with tags , , on September 30, 2008 by John Stodder

I woke up this morning and turned on the radio immediately to hear what kind of financial disaster I should expect after yesterday’s political debacle. I’m in California, so the apocalypse would be pretty far along by the time my alarm went off.

Instead, I found results like this:

The euro fell the most against the dollar since the introduction of the shared currency in 1999 after France and Belgium led a state-backed rescue of Dexia SA, as the widening financial crisis forces governments to prop up financial institutions across Europe.

The 15-nation currency also weakened against the British pound after Belgian Prime Minister Yves Leterme said Dexia, the world’s biggest lender to local governments, will receive about $9.2 billion to shore up its capital. The dollar rose against the yen on speculation the U.S. Senate will salvage a $700 billion bank-bailout plan as early as tomorrow after Congress rejected it yesterday.

“The consensus is the U.S. banking system is a little bit further along in its exposure of its toxic assets,” said Firas Askari, head currency trader at BMO Nesbitt Burns in Toronto. “It’s a case of which is relatively worse. The dollar’s going to benefit against the euro because Europe has more to expose.”

So, you’re saying the dollar is stronger today?

Well, maybe not.  It might just be scarcer.

Banks are being squeezed amid a surge in borrowing costs as lenders hoard cash on concern more financial institutions will fail. The euro interbank offered rate, or Euribor, that banks charge each other for one-month loans climbed to a record 5.05 percent today, the European Banking Federation said.

The London interbank offered rate, or Libor, that banks charge each other for such loans in dollars climbed 431 basis points to an all-time high of 6.88 percent today, the British Bankers’ Association said.

“There’s a dollar shortage globally,” said Alan Ruskin, head of international currency strategy in North America at RBS Greenwich Capital Markets Inc. in Greenwich, Connecticut. “Demand for liquidity trumps the fundamentals. Fundamentally, the U.S. is awful, and Europe is awful. Fundamentals are irrelevant today.”

Foreign banks are paying the highest premiums in at least a decade to borrow in dollars in the swaps market even after the Federal Reserve more than doubled the amount of funds available to other central banks yesterday by expanding swap lines.

A Generational Failure That’s Not Only About Money

Posted in Bush Administration, Congress, Mortgage/Housing Crisis, Wall Street with tags , , , on September 30, 2008 by John Stodder
President Franklin D. Roosevelt

President Franklin D. Roosevelt

Why is Franklin Roosevelt revered for his role in the Great Depression?  In hindsight, his policies are seen to have been only partly effective.  Unemployment was still 20 percent five years after he was first elected.

What FDR did, however, was lead.  He reassured Americans that he was doing the best he could on their behalf. By taking responsibility, he restored the nation’s confidence.

David Brooks can’t see anyone offering such leadership in today’s dire crisis:

This generation of political leaders is confronting a similar situation, and, so far, they have failed utterly and catastrophically to project any sense of authority, to give the world any reason to believe that this country is being governed. Instead, by rejecting the rescue package on Monday, they have made the psychological climate much worse.

George W. Bush is completely out of juice, having squandered his influence with Republicans as well as Democrats. Treasury Secretary Henry Paulson is a smart moneyman, but an inept legislator. He was told time and time again that House Republicans would not support his bill, and his response was to get down on bended knee before House Speaker Nancy Pelosi.

House leaders of both parties got wrapped up in their own negotiations, but did it occur to any of them that it might be hard to pass a bill fairly described as a bailout to Wall Street? Was the media darling Barney Frank too busy to notice the 95 Democrats who opposed his bill? Pelosi’s fiery speech at the crucial moment didn’t actually kill this bill, but did she have to act like a Democratic fund-raiser at the most important moment of her career?

And let us recognize above all the 228 who voted no — the authors of this revolt of the nihilists. They showed the world how much they detest their own leaders and the collected expertise of the Treasury and Fed. They did the momentarily popular thing, and if the country slides into a deep recession, they will have the time and leisure to watch public opinion shift against them.

It’s up to elected officials who know the truth of our situation to educate the public, not merely to count up the constituent phone calls.  The case for the bailout is eminently makeable.  If our leaders won’t make it for us, perhaps we need to make it for them.

Brooks’ column reminded me of another op-ed I ran across recently. It’s by Rod Dreher of the Dallas Morning News, and it begins like this:

Novelist David Foster Wallace

Novelist David Foster Wallace

Novelist David Foster Wallace, who recently committed suicide at age 46, once told an interviewer that his generation had been morally “gutted” by a pseudo-sophistication that sneered at boring everyday truths. He explained that privilege had caused so many of his contemporaries to forget that plain-spoken wisdom – the sort of truisms that supposedly only children and suckers believe – is actually, you know, valid.

“The idea that something so simple and, really, so aesthetically uninteresting – which for me meant you pass over it for the interesting, complex stuff – can actually be nourishing in a way that arch, meta, ironic, pomo stuff can’t, that seems to me to be important,” he said. “That seems to me like something our generation needs to feel.”

Mr. Wallace had his epiphany attending Alcoholics Anonymous meetings as research for his groundbreaking 1996 novel Infinite Jest.

The novelist saw that drunks who had hit rock bottom came to see self-help aphorisms as ladders out of hell. This was a new thing for him. In the light of suffering and intense human need, principles that many of us have come to disdain as sentimental clichés appeared as saving truths.

Nihilism and pseudo-sophistication are two symptoms of the same disease — a refusal to believe that actions have consequences.

What Did the Fed Do Today?

Posted in Congress, Federal Reserve on September 29, 2008 by John Stodder

The Federal Reserve opened the spigots and pumped huge wads of cash into the system.

They were able to increase currency swaps by $630 billion.

Did it do any good?  The stock market had its worst day ever.

Meanwhile, Congressman John Culberson, a Republican who voted no on the plan, is getting pummelled by the CNBC “Fast Money” panel of traders. He’s for:

  • Raising FDIC Insurance
  • Eliminate “mark to market” — the SEC Chair should do that today
  • The bill gave the Secretary of the Treasury too much authority
  • Too big a debt burden to put on our kids
  • Agrees the problem is urgent and a better deal can be passed “as early as Thursday night.”

Analysts on CNBC: It’s A PR Problem

Posted in Congress, Marketing Advertising PR, Wall Street with tags , on September 29, 2008 by John Stodder

I’ve been watching “Closing Bell” on CNBC and the consensus among Maria Bartiromo and her panel of financial analysts is that the members of Congress who voted against the bill as if they were taking a stand on behalf of “Main Street,” don’t understand that Main Street and Wall Street are the same street.

It was said many times: It’s a PR problem.

Speaking as an ex-PR guy, I think there’s a bit of truth to what they’re saying.  The message for the past week about the bailout was, simply put, the bill had to pass to save Wall Street from a major implosion.  Even though, the general feeling seems to be that Wall Street did this to itself.

What hasn’t been stated clearly enough is the crisis isn’t about the stock market at all, which is what most people think of when they hear “Wall Street.”  It’s about the availability of credit.  Unknown and unseen to most Americans, there is an infrastructure that moves money from places where it’s stored to places where it is needed.  The main thing needed to keep the flow going is confidence on the part of the lender that the lendee will be able to pay it back.

The “mortgage rot” has severely undermined this confidence.  If I’ve got money to lend, and a borrower shows up who’s carrying portfolio full of shaky securities, as is the case today with many financial institutions, I’m faced with the reality that my borrower might go under before he gets around to paying me back. Secretary Paulson’s plan had one real goal: To make the lenders more confident in borrowers.

Another CNBC character is saying this situation might need to be resolved by the election.  If the denizens of Main Street go try to borrow money for a car, a student loan or a business expansion — or even just to make payroll — and get turned down, they’ll vote accordingly, and our leaders will then know what to do.

It is, however, not obvious who they’ll blame and for what.  The circus of blaming is just getting started.

More Blogger Reactions to Bailout Defeat

Posted in Congress, Mortgage/Housing Crisis, Wall Street on September 29, 2008 by John Stodder

Some major bloggers starting to weigh in.

Megan McArdle is enraged:

As a friend notes, the longer they wait, the busier the FDIC gets.  This, I must point out, also costs the US taxpayer money, and there’s no chance we’ll get any of it back, either.

A journalist friend who spends way more time on politics than I do suggests that if the Democrats cave and include a capital gains tax, it will probably pass–but puts the odds of the Democrats caving at slim to none, since they can now blame any resulting crash on the Republicans.

I didn’t think it was possible to be more disgusted with politicians than I usually am, but I find it impossible to express the seething contempt that I feel at this kind of opportunism.  I don’t mind when they screw with the normal operation of the economy for venal personal gain.  But risking a recession in order to get a cut in the capital gains tax?  Letting it tank because you can always blame it on the Republicans?

I am grimly reminded of H.L. Mencken’s famous observation that Democracy is the theory that the common people know what they want, and deserve to get it good and hard.

Hugh Hewitt, the conservative talk-radio host blames Democrats:

The bill failed in the House by a 228 to 205 vote, with 94 Democrats voting against it, a cynical exercise in manipulating the financial crisis for the Dems perceived political advantage.  They think that blame for the worsening credit market will fix to Republicans and John McCain.  That Pelosi et al stampeded tens of thousands of panicked investors out of the market today at some considerable loss to their hard work over the years means nothing to them.  The jobs they are sacrificing to panic means nothing to them.

The only thing that matters to the Pelosi-Reid-Obama Democrats is power.

This is the bottom line: Democrats defeated this bill, and cooly walked out to denounce the House Republicans.  Just as the Dems demonstrated during the long debate over off-shore drilling, they do not care a whit about the impact of their Beltway doings provided they think it will bring them more seats and greater power and perhaps the presidency.

Author David Sirota, writing on Huffington Post sees the thumbs-down is harbinger of a populist uprising:

Those who are surprised by this turn of events just haven’t been paying attention to what’s going on out in the country – they haven’t been paying attention to, for instance, the social survey research showing rising rage against both our corrupt government and Corporate America. During my 3 month book tour, I faced a wave of skepticism from the Establishment media about my thesis. This earthquake on the floor of the U.S. House should end that skepticism once and for all.

Just as I said in the book that it’s not clear what is going to come out of the Left-Right grassroots uprising throughout the country, it’s not clear what is going to come out of this uprising in Congress. Will Democratic leaders tack to the hard right, load the bill up with corporate tax cuts and pass this bill with only Republican votes? Or will they actually be leaders of the Democratic Party, make this bill a vehicle for the kind of New Deal-style investments and regulations that are necessary to start rebuilding this country, and pass this bill with full Democratic Party support?

This is the question moving forward.

The Moderate Voice’s Michael Stickings believes this is just a prelude to ultimate passage:

I still think a bailout bill in some form — if not this one, after some arm-twisting, then this one with some alterations to appease both sides and to make Congress appear to be more united than it really is — will be passed sooner rather than later. The leadership of both parties is behind it — the Democratic leaders more than their Republican counterparts — and there will be increasing pressure on Congress to do something. (And, right now, this bill is all they’ve got.) Not least because the markets are tumbling.

And it fails! Bloggers react.

Posted in Congress, John McCain, Mortgage/Housing Crisis, Republican Party, Wall Street with tags , on September 29, 2008 by John Stodder

Thirteen votes short.  There will be no revote today because of Rosh Hashanah.

Some initial blog reactions, in no particular order:

From the much-admired left-wing blogger Digby:

The Republicans are saying that many of their members had promised to vote for the bill until they heard the Democrats being too mean in their speeches. It was inappropriate. So they voted against it at the last minute out of pique. Apparently they think this is some kind of excuse.( Of course that won’t last. The Republicans will ultimately spin this as an act of fiscal integrity.)

Amazing. Pelosi brought it to the floor with the promise that the Republicans would deliver and they didn’t. I swear to God, if there’s a way to get punk’d, the Democrats will find it.

From Digby’s right-wing counterpart, Michelle Malkin:

It’s official. The MOAB has failed.

Yeah, a lot of Chicken Littles are running around screaming about the Dow dropping.

It’s dropped less than 5 percent.

Apocalyptics said it would be down 20-30 percent.

The bailout failed.

The world survives.

Malkin’s post also has the complete list of who voted for the bill and who opposed it.

Ed Morrissey of Hot Air says this:

What does this mean?  The Senate can always initiate their own version of the plan and re-send it to the House, but that will take some doing.  Can Republicans change their votes after taking this kind of stand?

If it stands, it will be a repudiation of the leadership in both House caucuses and the Bush administration.  Pelosi couldn’t hold her caucus together, and Boehner, Cantor, Blunt, and Putnam will find themselves in the minority of theirs.

Update:  I guess this puts lie to the notion that an agreement existed before John McCain went back to Washington.  They got more Republicans today than they had last Wednesday, and it still didn’t pass.

Morrissey also posts this video, which he claims “probably killed the agreement” by putting a partisan twist on what was supposed to be a bipartisan, hold-your-nose vote:

The New Republic blog The Plank’s Eve Fairbanks thinks Republicans are a bunch of babies:

The Republicans are blaming Nancy Pelosi’s “partisan” speech for the failure of the bailout bill. “The speaker had to give a partisan voice to it, and it caused a number of members we thought we could get to go south,” said John Boehner at a press conference. “Right here is why I believe this bill failed,” added GOP Rep. Eric Cantor, waving a copy of the text. “This is an instance where you see Pelosi’s failure to listen, failure to lead …”

This sounds like spin to divert blame from the GOP for the failure of the bill, but two Republican staffers I know were themselves surprised by the outcome — they had expected more GOP votes, and minority whip Roy Blunt claimed their whip count showed at least 12 more votes going in, which would have saved the bill.:

But if it’s true … give me a break! No matter what you thought of the details of the bill, is that not the most immature thing you’ve ever heard? To vote against the biggest bill of the year — to let, as President Bush put it, the sucker go down — because the Speaker insulted your feelings?

National Review Online’s Jim Manzi seems to agree with her:

Well, apparently the House Republicans have decided to run a neat little experiment to test the actual odds of the current financial crisis turning into another Depression in the absence of a bailout plan.  What alternative do they propose that could realistically be enacted?  How long do they think this would take, and what risks would we run during the period of uncertainty, even if it were successful?

I have no visibility into the current machinations on Capitol Hill, but I’m with Noah Millman: as far as I can see, if I were a senior Democrat right now, I’d introduce a Democratic alternative tomorrow and pass it on a party line vote.

I sure hope House Republicans are holding some cards they haven’t yet revealed.

Others on that site see this vote as disastrous for John McCain.  He was supposed to deliver the House Republicans.  He bragged that his intervention had done so.  Minority Leader Rep. John Boehner cited his efforts. So, he needs to explain what happened.

More later.

Were You Expecting the Stock Market to “Tumble?”

Posted in Bush Administration, Wall Street on September 29, 2008 by John Stodder

Last Thursday and Friday, the Dow Jones Industrial Average went up a combined 317.96, even as the news from Washington suggested a bailout bill agreement might not be reached.

And today, now that the lion is laying down with the lamb?

Stocks tumbled Monday afternoon on worries that the government’s $700 billion bank bailout plan won’t be sufficient to restore liquidity to nearly frozen credit markets.

The frozen markets mean banks are hoarding cash, making it difficult for businesses and individuals to get much-needed loans. (Full story)

Also in play: news that troubled Wachovia had to sell its banking assets to Citigroup as the financial market crisis raged. A number of European banks also collapsed.

The Dow Jones industrial average (INDU) lost 290 points, or 2.6%, with under 3 hours left in the session. The Standard & Poor’s 500 (SPX) index lost 4% and the Nasdaq composite (COMP) lost 4.6%.

Stocks tumbled from the get go, on a mix of the stalled bailout plan, the Wachovia news and the impact of the clogged credit markets. Treasury prices rallied, sending yields lower, as investors sought safety in government debt.

Actually, as this is being written, the Dow is off 476 points.

That was the outcome forecast if Congress and the Administration didn’t make a deal.

But they did, apparently, and either the market doesn’t like it or — more likely — the market’s attentions are elsewhere.

FOFM&FM

Posted in Lobbying, Mortgage/Housing Crisis, Wall Street with tags , , on September 26, 2008 by John Stodder

There seems to be a consensus on one thing with respect to the mortgage crisis: The excesses of Fannie Mae and Freddie Mac contaminated the credit markets with bad paper, the poor quality of which the investment banking community overlooked in their rush to make money trading it.

Fannie and Freddie are government-sponsored enterprises.  Congress could have reined them in, and was prodded to do so by credible advocates. A massive accounting scandal five years ago had Fannie and Freddie on the ropes, but they emerged with an even stronger mandate to make housing more affordable, by means that turned out to be unsound.

How did they get away with it?  David Boaz of the Cato Institute says both the Republican and Democratic parties are to blame.  This piece is eye-opening, and shameful.

They hire top lobbyists from both parties, give lavishly to members of Congress from both parties, and generously subsidize lots of influential think tanks and charities in the Washington area.

Robert Zoellick, who was a top aide to James A. Baker III in the Reagan and Bush I administrations, handled Fannie Mae’s lobbying before joining the second Bush administration as U.S. Trade Representative and president of the World Bank. Jamie Gorelick was deputy to Attorney General Janet Reno in the Clinton administration, then joined Fannie Mae as vice chair during Clinton’s second term. John Buckley, nephew of conservative icons William F. Buckley Jr. and James L. Buckley and press secretary for the Bob Dole and Jack Kemp campaigns, spent 10 years as head of communications for Fannie Mae.

Just a few months ago Fannie hired Lorraine Voles, former communications director for Vice President Al Gore and Sen. Hillary Rodham Clinton, to work in its communications shop alongside Charles Greener, former spokesman for the Republican National Committee.

According to the Associated Press, Fannie and Freddie have spent $170 million on lobbying in the past decade and have given more than $16 million to members of Congress, as well as some $10 million in soft money donations to Republican and Democratic committees. “Fannie Mae’s 51-member lobbying stable, according to its most recent disclosure, includes former Reps. Tom Downey, D-N.Y., and Ray McGrath, R-N.Y.; Steve Elmendorf, a Democratic political strategist and former congressional aide; and Donald Fierce, a longtime GOP operative. Freddie Mac’s list of 91 lobbyists includes former Reps. Vin Weber, R-Minn., and Susan Molinari, R-N.Y.”

Many more aides to Ronald Reagan, Bill Clinton, Al Gore, Newt Gingrich, and senior members of Congress have worked for Fannie Mae or served as well-compensated members of the Board of Directors.

Is it any wonder that for years Fannie and Freddie were able to fight off any attempts to restrict their size, their scope, or the huge salaries they paid their officers?

Over the years Fannie, Freddie, and their friends in Washington were able to block proposals to privatize the two huge government-sponsored enterprises or to eliminate the federal guarantee of their debts. In the past decade they frustrated efforts to impose such reforms as requiring them to submit to regulations of the Securities and Exchange Commission; to adopt financial accounting standards; to follow bank standards for capital requirements; and to shrink their portfolios of assets from risky levels. The Bush administration pressed to strengthen the regulator of Fannie and Freddie, but Congress wasn’t interested.

Plenty of people warned that Fannie and Freddie were ticking time bombs, including Federal Reserve Chairman Alan Greenspan and Treasury Secretary Lawrence Summers. Yet as Alex Pollock of the American Enterprise Institute noted in 2005, “In spite of the opportunity presented by their acutely embarrassing accounting scandals costing many billions of dollars and the missteps that caused both of their top managements to be forced out, legislative action may end up stalemated. By contrast, the Enron and WorldCom scandals rapidly resulted in the harsh Sarbanes-Oxley Act.”

Meanwhile…