Commentary By Ron Beasley
Yesterday we reported that we have the best government money can buy. We have yet another example today.
It took just five weeks after the WorldCom accounting scandal erupted in 2002 for Congress to pass, and President George W. Bush
to sign, the Sarbanes-Oxley Act. That law required public companies to
make sure their internal controls against fraud were not full of holes.It took three more years for Bernard Ebbers, the man who built
WorldCom into a giant, to be sentenced to 25 years in prison for his
role in the fraud.Mr. Ebbers will be 85 years old before he is
eligible for release from prison. He may be freed, however, before the
law is ever enforced on the vast majority of American companies. A
Congressional committee voted this week to repeal a crucial part of the
law. Other parts are also under attack.Sarbanes-Oxley was
passed, almost unanimously, by a Republican-controlled House and a
Democratic-controlled Senate. Now a Democratic Congress is gutting it
with the apparent approval of the Obama administration.The House Financial Services Committee this week approved an amendment to the Investor Protection Act of 2009 � a name George Orwell
would appreciate � to allow most companies to never comply with the
law, and mandating a study to see whether it would be a good idea to
exempt additional ones as well.
Yes, the lobbyists have their check books out and are pushing for special exemptions and don't forget it was special exemptions that led to the economic collapse we are now experiencing.
But this Congress has made clear that independence for the
accounting rule writers can go too far � particularly if the rules
force banks to reveal the horrid mistakes they previously made.This
year, a subcommittee of the House Financial Services Committee held a
hearing at which legislators sought no facts but instead threatened
dire action if the chairman of the financial accounting board did not
promptly make it easier for banks to ignore market values of the toxic
securities they owned. The board caved in, which may be one reason why
banks are reporting fewer losses these days.But the board�s
retreat was not enough to satisfy the banks. The American Bankers
Association is now pushing Congress to give a new systemic risk
regulator � either the Federal Reserve or some panel of regulators �
the power to override accounting standards. The view of the bankers is
that the financial crisis did not stem from the fact that the banks made lots of bad loans and
invested in dubious securities; it was caused by accounting rules that
required disclosure when the losses began to mount.
Get that? it was not the mistakes the banks made that led to the crisis but the fact that the banks were forced to go public with their mistakes. It may be Orwellian logic but it's good enough for lawmakers and yes a White House who's primary goal is to keep their sugar daddies happy.
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