Showing posts with label SEC. Show all posts
Showing posts with label SEC. Show all posts

09 July 2009

'Dollar Bill' Jefferson and the Case of the Cold Cash

Government exhibit 20-45C. This photo was presented July 8, 2009, as court evidence in the trial of Rep. William Jefferson, D-La. It was provided by the U.S. Attorney's office and shows an FBI agent holding contents seized on Aug. 3, 2005 from Jefferson's freezer. Photo from U.S. Atty's Office / AP.

The prosecution of William Jefferson:
More to this story than meets the ice?
The elaborate sting to get Jefferson and the unprecedented decision to raid his office and create an uproar in Congress are puzzling unless we assume something bigger was involved than his peddling influence and passing bribes to African leaders.
By Sherman DeBrosse / The Rag Blog / July 9, 2009

The current proceedings against former Representative William Jefferson of New Orleans remind us that his was not the only case involving alleged bribery of Nigerian officials. There was another case that involved a great deal more money that never received much scrutiny. Comparing the cases might be instructive.

Everyone knows about the $90,000 found in William Jefferson’s freezer. It was the source of endless jokes as well as many claims that he was pocketing all that money. One could more easily imagine a scenario in which he might have taken $10,000 as a commission and intended to use the $90,000 to influence Nigerian officials on behalf of a northern Virginia investor and a small software company in Kentucky. He was videotaped receiving a briefcase full of marked hundred dollar bills. In 2005, the Congressman told an undercover FBI agent that the Nigerian Vice President Atiku Abubakar would help the firm acquire a communications contract.

It is also known that the French government has been looking into charges that M.W. Kellogg of the UK funneled between $132 and $180 million in kickbacks to Nigerian government officials in return for a $2 billion contract to build facilities to liquefy gas. Eventually, the liquefacation facilities there will involve $6 billion in construction. The UK firm was owned by Halliburton, which was led by Richard Cheney when the contracts were let. Le Figaro reported on December 20, 2003, that the French considered indicting Cheney.

The charge under French law would be wasting the assets of a corporation. They were also investigating Technip, a French firm. Albert Stanley, whom Cheney made head of M.W. Kellogg-UK, admitted that money was passed through a London lawyer who worked for Kellogg and was also financial advisor to the late Nigerian dictator, General Sami Abacha.

Even if Cheney and Halliburton did not bribe the bloody Abacha regime, they had many dealings with those thugs. Some of us recall how reports of ties to this regime helped unseat Senator Carol Moseley-Braun.

Given what was occurring in France, the SEC opened a pro-forma investigation that seems to have gone nowhere. Britain’s export credit agency barely gave the matter a cursory examination. Now, the SEC is looking into claims that Siemens, the German engineering firm, has been bribing Atiku Abubakar. Jefferson’s attorneys have been seeking testimony from Abubakar, but the SEC investigation will probably prevent his cooperation. The company reported having a bribery budget in excess of $40 million.

The French findings and the $180 million must have been considered small potatoes because our government did little to look into the doings of the British Halliburton subsidiary. But there was an elaborate sting operation, complete with miles of tape and film footage, to nail a black Congressman from New Orleans who was accused of funneling bribery money to Nigeria. There were reports that “Dollar Bill” had handled an additional $400,000 in bribe money for governments in West Africa.

In 2006, 19 heavily armed FBI agents raided the offices of Congressman William Jefferson on Capitol Hill. This was the first search of a Congressional office in history; they were disregarding a lot of history and constitutional law to get at something

There is a sharp contrast between the full court press launched against Jefferson and the neglect of the Halliburton/Nigerian LNG case. The federal authorities showed very little interest in the latter. There was some coverage in the press but no one has pulled the whole story together. Now, there is a new administration in Washington and little is being done about this case

The prosecution of Jefferson proceeds and is even attended by unusual moves on the part of the prosecution to force a guilty plea. This may be because their star witness seems to be refusing to testify. However, there are many hours of tape between them that will probably be played. The defense is requesting the right to play some tapes that the prosecution declined to use.

There has been speculation that the two Nigerian cases might be connected, or that the Jefferson case is tied to bribes U.S. oil companies sent to Nigerian politicians. The theory is that Jefferson kept information on the oil deals, or perhaps Halliburton’s deal with Nigeria, in his Congressional office as insurance in his own case. Certainly, he was well enough connected to obtain that information, and the Harvard-educated lawyer was smart enough to use it. He knew for some time that he was under investigation, so he had every reason to put evidence that incriminated him into the shredder. On the other hand, there was every reason to keep information that could be used as bargaining chips.

If Mr. Jefferson is indeed guilty as charged, he should be prosecuted. But it is still troubling that so little effort was expended to look into Halliburton’s possible involvement in the bribery of Nigerian officials. The elaborate sting to get Jefferson and the unprecedented decision to raid his office and create an uproar in Congress are puzzling unless we assume something bigger was involved than his peddling influence and passing bribes to African leaders.

[Sherman DeBrosse, the pseudonym for a retired history professor, is a regular contributor to The Rag Blog and also blogs at Sherm Says and on DailyKos.]

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21 December 2008

Bernie Madoff : Ponzi Man and the Nonsense of Self-Regulation

Surrounded by members of the media, Bernard Madoff -- the man who has taken the Ponzi scheme to new heights -- walks down Lexington Ave to his New York City apartment on Dec. 17, 2008. Photo by Don Emmert / AFP / Getty Images.

'Now comes Madoff. Same self-regulation song, this time taking down charities, synagogues, and sometimes it looks like half the retired people in Florida.'
By Steve Russell / The Rag Blog / December 21, 2008
See 'Good Regulation Requires Good Regulators' by Mark Sunshine, Below.
Mark Sunshine posted the following article on Seeking Alpha, a website for investors with no political leanings I can discern. Lots of folks post there with differing views and the readers get to pick what will help them play the markets.

Texans will remember when Governor Bush turned Clean Air Act enforcement in Texas over to self-regulation and we wound up with "ozone days" where we never had them before.

Those who follow politics will see the perverted genius of Richard Nixon, who had the mandate to destroy the Great Society programs but often could not get the votes. His solution, copied by every Republican President since, was to appoint people to the bureaucracy who did not believe it the bureaucratic mission.

I was in Wisconsin when Nixon was elected and a local Repug named Jerris Leonard ran a tough campaign against the liberal Dem Gaylord Nelson. That race gave me many political stories, but this one has a sad ending. One of the controversies that arose in the race was Leonard's membership in a "white's only" club.

After Leonard lost the Senate race, President Nixon gave him a plum appointment in the Justice Department: heading the Civil Rights Division!

Christopher Cox, Bush's Chair of the SEC, has made the world safe for hedge funds in every way available to him. He allowed naked short-selling of stock never owned or borrowed by the seller, enabling hedge funds to drive down stock with bogus short sales and profit from real ones. He repealed the uptick rule, making it easier to drive down stock with a purposeful "bear raid." These lapses, as much as any real financial weakness, led to the collapse of the big investment banks. Maybe they were doomed, but thanks to the SEC their stock died first.

Now comes Madoff. Same self-regulation song, this time taking down charities, synagogues, and sometimes it looks like half the retired people in Florida.

The international aspect of this debacle is that the exotic securites that are dragging down balance sheets in the European Union were sold on the basis that they were good enough to be publicly marketed in the United States. And everyone knows the U.S. has had the strongest securities regulations in the world ever since the New Deal, right?

Thank you once again, Mr. Bush. You brought us from the strongest securities regulation in the world to showing ourselves literally unable to protect widows and orphans from scam artists.

But you kept your word. You left the market to rule itself and you did not get caught copping blow jobs in the White House. History will judge the results; the voters already have.
'Good Regulation Requires Good Regulators'
By Mark Sunshine / December 20, 2008

As the SEC comes to grips with the Bernie Madoff scandal, I am reminded of a law school course that I took 25 years ago where I was taught that good regulation requires good regulators. Unfortunately, the SEC has turned into a bad regulator and has lost the respect of the public it is supposed to protect.

The SEC leadership doesn’t understand or acknowledge why the SEC exists or what its role is supposed to be. Missionless and confused, the SEC is currently a lost agency that needs to be refocused and remotivated.

The SEC used to know its mission. On the SEC web-site, it still articulate why it exists when it states that “First and foremost, the SEC is a law enforcement agency.” (bold, italic and underline for emphasis). That means, first and foremost Chris Cox is the “Chief of the SEC Enforcement Police.” Unfortunately, Mr. Cox appears never to have embraced or understood his enforcement responsibilities or the SEC’s role to protect the public.

Instead, the SEC indirectly encouraged scamsters and fraud artists through lax enforcement standards. Crime prevention is the most important role of any law enforcement agency and prevention takes place because potential criminals know that they will be caught and prosecuted by a tough but fair cop.

Instead of being a cop, Chris Cox had a nonsensical theory of law enforcement that primarily relied upon self regulation and enforcement. The invisible hand of capitalism was supposed to ferret out frauds and act as the main barrier to illegal and dishonest behavior. However, real criminals don’t self regulate and enforcement usually means economic intimidation and extortion.

In the Madoff scandal, the SEC’s performance as a law enforcement agency is beyond horrible. I was hoping that Cox’s statement that Madoff “lied” to the staff when he was asked if he stole from investors was a misprint or a bad joke. But it wasn’t. Of course Madoff lied to the staff. But then again, what law enforcement organization takes the word of the person that they are investigating?

I have watched enough Law and Order to know that very few people confess unless they have to, and then it is as a result of vigorous investigations and vigilant prosecutions. And I am pretty sure self regulation and market enforcement never entered into Bernie Madoff’s mind when he stole $50 billion. Madoff confessed because he ran out of money to keep on perpetuating his lies. Until the end, Madoff was trying to keep the Ponzi scheme going and was actively marketing for new investors by promising “special deals” for those that he could rip off.

Cox and his immediate subordinates are responsible for not investigating Madoff. Cox was in charge and clearly didn’t have an internal reporting system to keep track of open investigations, cases and clearance. After all, if he did he would have noticed a $50 billion fraud tip that had credibility and might have asked questions. Instead of taking responsibility for the scandal, Cox threw his staff under the bus and blamed them for the mess. He is an out of touch leader who showed little courage or backbone.

I think that most of the SEC staff are good hard working Americans who don’t like being humiliated in public. If they are like most people they also can’t wait to get rid of Cox and get a real leader.

Fortunately, the SEC won’t have Chris Cox much longer. President Elect Obama is nominating Mary Schapiro to be the new Chairman of the SEC. She is known to be a tough and effective regulator who understands the role of law enforcement. Ms. Schapiro has a big job ahead of her but her reputation suggests she is up to the challenge. Her staff will need strong leadership and rebuilding. Ms. Schapiro is going to be a fixer, leader and good regulator.

After all, good regulation requires good regulators.

Source / Seeking Alpha
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