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Dan Solin

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Illegal Conduct Is Critical to the Survival of the Securities Industry

Posted: 07/17/2012 6:35 pm

It was a typical week on Wall Street.

Peregrine Financial Group collapsed and filed for bankruptcy. Regulators are searching for $200 million in unaccounted for customer assets. The founder of Peregrine, apparently attempted suicide and is recovering in an Iowa hospital.

Ex-Wall Street trader Michael Marin died in a Phoenix courtroom after apparently taking pills laced with cyanide. Mr. Marin was a banker, art collector and former millionaire. He made his money working in finance and as a Yale educated lawyer. He was allegedly broke and unable to pay the mortgage. Mr. Marin had been convicted of arson for setting his $3.5 million mansion on fire. He was facing seven to 21 years in prison.

A Georgia banker, Aubrey Lee Price, disappeared after boarding a ferry in Key West, FL. The FBI and federal prosecutors believe Price embezzled $17 million in bank funds. Whether he is dead or just faking suicide is anyone's guess.

JP Morgan reported that the losses caused by its London "whale" trader had increased to $5.8 billion. That is almost three times higher than original estimates.

Speaking of "whales", the scandal over the manipulation of Libor may reportedly become "one of the most costly and consequential in the history of banking." A number of banks are under investigation in Europe, Japan and the U.S. Libor is the London interbank offered rate, which is an interest rate used in agreements worth trillions of dollars globally.

I could go on, but you get the drift.

How ironic that the industry that wants us to trust it with our funds can't manage its own money and is rife with illegal conduct.

While you and I may find this difficult to understand, Wall Street executives "get it." In a recent survey, a quarter of Wall Street executives viewed wrongdoing as "a key to success." Sixteen percent indicate they would engage in insider trading if they knew they would not be caught. Almost a third said they felt pressured to "compromise ethical standards or violate the law."

I was surprised these percentages were so low. As recent convictions for insider trading demonstrate, some hedge fund managers fully understand the only way to "beat the markets" is to engage in illegal insider trading. I am unaware of any credible, peer-reviewed data indicating the daily grist of brokers and most advisors (stock picking, market timing, fund manager picking) adds value. When you are selling an expertise you don't have, you understandably are under pressure to bend or break the rules.

Wall Street executives may feel they have no choice other than to engage in illegal conduct, but you do. Don't use them to manage your hard earned money. They will always have an endless supply of gullible clients who can't figure out they are emperors with no clothes. Don't be one of them.

Dan Solin is a senior vice president of Index Funds Advisors. He is the New York Times bestselling author of The Smartest Investment Book You'll Ever Read, The Smartest 401(k) Book You'll Ever Read, The Smartest Retirement Book You'll Ever Read, and The Smartest Portfolio You'll Ever Own. His new book is The Smartest Money Book You'll Ever Read. The views set forth in this blog are the opinions of the author alone and may not represent the views of any firm or entity with whom he is affiliated. The data, information, and content on this blog are for information, education, and non-commercial purposes only. Returns from index funds do not represent the performance of any investment advisory firm. The information on this blog does not involve the rendering of personalized investment advice and is limited to the dissemination of opinions on investing. No reader should construe these opinions as an offer of advisory services. Readers who require investment advice should retain the services of a competent investment professional. The information on this blog is not an offer to buy or sell, or a solicitation of any offer to buy or sell any securities or class of securities mentioned herein. Furthermore, the information on this blog should not be construed as an offer of advisory services. Please note that the author does not recommend specific securities nor is he responsible for comments made by persons posting on this blog.

 
 
 

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It was a typical week on Wall Street. Peregrine Financial Group collapsed and filed for bankruptcy. Regulators are searching for $200 million in unaccounted for customer assets. The founder of Pereg...
It was a typical week on Wall Street. Peregrine Financial Group collapsed and filed for bankruptcy. Regulators are searching for $200 million in unaccounted for customer assets. The founder of Pereg...
 
 
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05:01 PM on 07/22/2012
It's time for the thieves, cheats, and crooks in the financial sector to be prosecuted and go to jail.
08:35 AM on 07/19/2012
The Wall Street crooks are never prosecuted, yet the whales whine about too much regulation. Apparently they want the risk of getting caught removed completely. This is the real "uncertainty" that upsets them, getting caught trying to pull a fast one on the investors and being sent to jail for it.

Romney is himself one of these players. If he is elected, they will gamble amok with investors money, and again say, "Oops, my bad" to those who trusted them. Maybe it is this sort of activity Romney is hiding in his tax returns, and why we must demand to see them.
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HUFFPOST SUPER USER
TheTightwireGuy
Attempting to balance reason and passion
05:25 PM on 07/18/2012
'In a recent survey, a quarter of Wall Street executives viewed wrongdoing as "a key to success." Sixteen percent indicate they would engage in insider trading if they knew they would not be caught. Almost a third said they felt pressured to "compromise ethical standards or violate the law."

I was surprised these percentages were so low.'

How many of those are in abject denial when answering such questions? Most people believe they are better than the "average" driver. And most people speed but try to get out of a speeding ticket by making up an excuse. So don't expect such surveys to have the power of Wonder Woman's lasso (which had the power to make it's captive tell the truth). Instead view these results as indicating the actual percentage of Wall Street execs who skirt the rules to succeed to necessarily be larger than those who self-report such behavior. Because like poker, high finance is a game of limited information where the stakes are too high for the key players to not easily be tempted to "angle shoot" more than they admit to unethically boost their winnings at the table.
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Cecelia Nunn Haack
Art saves lives
12:34 PM on 07/18/2012
Unless and until regulatory agencies investigate these banks and bankers and enforce the law illegal activity is going to remain rampant on Wall Street. The crooks need to be thrown in jail and their banks fined. I seriously doubt that will ever happen.
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Dan Solin
My Smartest Portfolio book is a game changer.
12:16 PM on 07/18/2012
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10:55 AM on 07/18/2012
This is the not-so hidden cost of Bribery.

These illegal activities could not occur if regulators actually regulated, and if lawmakers actually made and maintained laws. But, they do none of these things.

When #Occupy talks about "the one percent," they don't even mention the 0.01% that is the 650-odd members of the United States Congress; let alone the 0.00001% such as I-wanna-be-President but-I-wanna be-CEO-too Romney.

(They also don't mention that our sitting President is focusing all his time on getting billions(!) of dollars in "donations.")

And this is what we've got, because of it: a dysfunctional and inoperative banking+insurance+finance industry that is in fact INcapable of performing ANY of its three core missions; a health-care industry that doesn't provide health or care; and infrastructure which collapses into rivers at rush hour while entire cities, states, and even nations are told that they are "flat broke."

This is: High CRIME, Dan. "Ike" Eisenhower saw it coming plain as day 60 years ago, and he was right then and still is.

CRIME as in Felony, with hundreds of millions of Plaintiffs.

"We, the PLAINTIFFS of the United States."
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somewhatodd
micro-bio undetectable to the naked eye
09:28 AM on 07/18/2012
regulations against bank robbery raise the cost of doing business for bank robbers, who then pass these higher costs down to you, the lttile people, in the form of more muggings and purse snatchings.

libertarians have explained this truth a thousand times.
09:22 AM on 07/18/2012
White collar crime is the business model. Matt Taibbi (Rolling Stone) says big bankster tricks are Mafia-like, organized crime without the killings over territory. In response to questions about illicit activity leading to the financial crisis, last year on 60 Minutes Obama said it was unethical behavior but not illegal. But his Attorney General didn't investigate the complex details, a prerequisite to finding out if there was illegal activity. If you don't look for fraud, you won't find it. And Holder's orientation, coming from the Wall St. law firm Covington & Burling that blessed MERS, seems to excuse crony bad behavior. Low level Main Street frauds are criminally prosecuted. High level, crash the economy frauds are excused. Except for obvious Ponzi scheme prosecutions - or arson - all is forgiven for a fine.

Obama obviously doesn't care about the little guy, though his effective messaging says otherwise. And our November alternative choice is going to be Romney? Where's Pecora? Where's Joe Kennedy? Where's Glass-Steagall?
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somewhatodd
micro-bio undetectable to the naked eye
09:18 AM on 07/18/2012
laws against bank robbery just cost bank robbers money. bank robbers then pass those costs along to you in the form of more muggings and purse snatchings. so regulations hurt you little people the most.

if rand and ron paul have expalined this once they have explained it a thousand times.

those statesmen must have the patience of job.
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frank1946
Tell the Truth
08:27 AM on 07/18/2012
Securites Acts of 1933 and 1934 are not enforced and then the Banks get into the Act !

Joe Kennedy would be amazed !

Enron, Corzine, Solar Vally...................all massive failures of judgement and obsessive impulse.

Wall Street now paying the price. No buyers.
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mikeydjd83
08:26 AM on 07/18/2012
"Over successive generations, these wealthy few have continued to devise new, creative ways to use their financial resources discreetly, subtly, even covertly. They exert a degree of influence over lawmakers and politicians to maintain their extremely powerful, yet artificial, status. To quote Yogi Berra, it seems like Hamilton vs. Jefferson, 'déjà vu, all over again.' "

Read more at

http://lifeamongtheordinary.blogspot.com/2012/07/swimming-in-river-of-wealth-part-one.html
08:03 PM on 07/17/2012
Mr. Solin, I'm a big fan. Following your columns has helped me manage my savings and I've moved them to IFA.com. It's funny how each column actually just repeats the same thing again and again. It's such fundamental information it boggles the mind how our financial world has come to this spectacle, debacle the proper word for it escapes me. The more convictions the better, so many petty criminals serve time for crimes of much less impact. Thank you for what you do and for helping me finally figure it out.
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Dan Solin
My Smartest Portfolio book is a game changer.
10:56 PM on 07/17/2012
I really appreciate your comment. It is gratifying to know this message is getting through and that you will never become a victim of the securities industry.
01:59 PM on 07/18/2012
Romney's concept that a person can be the sole shareholder, the CEO and President of a company and receive a $100,000 annual compensation for holding these officer roles in the company, and be the filer of the annual corporate returns and still have no responsibility for anything that the company does is one of the most extreme examples of Gresham's Dynamic that I have seen so far this year. We need to follow up with Professor Bill Black's investigations on how totally unacceptable bad faith standards can displace good faith business standards in a corporation, which is the definition of Gresham's Dynamic. The regulators MUST acknowledge that this new unaccountable ethos is absolutely intolerable to the investors whose funds are to be held in good faith by brokers and dealers who need to be held to honest standards, and to use terminology that passes the reasonable person test. Romney's antics shows abundantly that good faith standards are being destroyed by the vulture capitalist mentality.
08:49 PM on 07/19/2012
I had been with Smith Barney who are, of course, under Morgan Stanley and I couldn't stand them having my money while I read of one after the other of their crimes and unmitigated greed.  I simply can't understand why people put their money with these crooks.  I'm glad you were there to point to a better way.  Keep working at it, I'm sure there are others out there who need a bit more convincing, unless their money is already gone.