iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Frank A. Weil

GET UPDATES FROM Frank A. Weil
 

The 'JOBS Act' Is a Fraud on America

Posted: 04/ 5/2012 10:00 am

Who in their right mind could vote against a bill in Congress entitled the "JOBS Act"? The answer obviously is very few members of either house.

How many of those who voted for it knew what was in it? And how many of those who read it connected its provisions to the lessons of the last decade? The answer must be very few.

Critical provisions in the law remove SEC oversight and other obstacles to raising up to $50 million for small businesses. That is tantamount to putting up a sign saying "Swindlers Welcome."

Everyone is properly in favor of more jobs. Apparently there are some, however, who think that more capital in the hands of smaller businesses automatically translates into more jobs. How many such jobs are likely to result and how likely are they to be good, long-term jobs?

How soon and fast we forget! Madoff raked in somewhere between $20 and $60 billion and perhaps created 20 jobs.

The core of this new cynically and cleverly named Jobs Act is to remove obstacles to securing capital for smaller business. The idea is shameless.

The result will be like the last decade and the abuses in the housing finance markets.

In addition to a few legitimate practitioners, there will be open hunting season for every clever peddler of phony securities. The absolutely predictable result will be, a few years out, a major rash of fraud. Only this time it won't be the big banks -- it will be down-market bucket shops.

The president is being sold the Brooklyn Bridge to Hell. If that bill becomes law, it will be Obama's biggest mistake of his presidency.

If Congress wants to pass it over his veto, it will be entirely their fault. The only good that could come of that would be a crisis that could be big enough to really address the basic problems in our political system.

 
Who in their right mind could vote against a bill in Congress entitled the "JOBS Act"? The answer obviously is very few members of either house. How many of those who voted for it knew what was in i...
Who in their right mind could vote against a bill in Congress entitled the "JOBS Act"? The answer obviously is very few members of either house. How many of those who voted for it knew what was in i...
 
 
  • Comments
  • 28
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
HUFFPOST SUPER USER
H Diggity
10:55 PM on 04/09/2012
Perhaps the HP should disclose that Mr. Weil works for a Wealth Management firm and makes NO MONEY if a client of his decides to invest in a small start-up company. Just a thought - there is a massive conflict of interest here (in additional to an elementary understanding of start-ups and small business).
photo
HUFFPOST BLOGGER
Frank A. Weil
11:04 AM on 05/08/2012
Sorry diggity - I have no conflict at all - we do not invest at all for clients in start ups- we do know that when disclosure and audits are not required there is a tendency and risk that innocent small investors are treated with a trip to the cleaners- do not assume that all wealth advisors are greedy- this one is not -
HUFFPOST SUPER USER
H Diggity
12:33 PM on 05/09/2012
"I have no conflict at all"

This is a lie.  This is why it's a lie:

"we do not invest at all for clients in start ups"

And why do you not invest in start-ups for your clients?  BECAUSE YOU CAN'T MAKE MONEY OFF THE TRANSACTION.  Start ups aren't regulated by the SEC and don't fall under jurisdiction of their rules.

" do not assume that all wealth advisors are greedy"

I'm doing no such thing.  I'm assuming that you want to engage in activity that makes you money - which is a smart and prudent way to live your life. 

If someone walked in off the street and told you they wanted to invest $50 per month into a Roth IRA and wanted monthly meetings with you for the first 2 years, would you do it?  Of course not - it isn't worth your time.  Your time is more valuable than that.

When investors are allowed to invest their money into start-ups directly it means they have few dollars to invest with you.  You earn less off of your management and wrap fees.  You lose with this bill.  Yes - investors can too.  But investors have a high upside.  You only have a downside.  You failed to disclose that.
HUFFPOST SUPER USER
H Diggity
10:47 PM on 04/09/2012
Classic HP article: heavy on emotional appeal and light on facts. I'd like to know a couple of provisions that make this a poison pill.
photo
HUFFPOST BLOGGER
Frank A. Weil
11:07 AM on 05/08/2012
the two provisions that I referred to are [1] limiting disclosure requirements on sale of securities and [2]not requireing financial audits for the first five years -- as someone with 60 years experince in this business I know that these are real risks -
HUFFPOST SUPER USER
H Diggity
12:25 PM on 05/09/2012
Frank - it's not like they're giving Google a free pass or GE.  These are small companies.  It gives everyone a chance to get in on the ground floor of the next Facebook - and not just the super wealthy.  There are certainly risks but the overwhelming majority of investors know them.

As someone who has actually started a business and sought start-up capital I think it's a win. 
HUFFPOST SUPER USER
H Diggity
01:00 PM on 05/09/2012
Frank,

You come from money. You've never needed to take a real risk in your life. Not all of us are so lucky. We have to take REAL risk - like starting our own businesses with all that we own on the line - not just a fraction of our trust funds. I think the role of a financial advisor is extremely valuable and the good ones help people plan for their futures (and future generations) and mitigate their risks.

As someone who has started a business, I know the real costs associated with that. Right now I'm looking for $25,000 to build a new kind of wind generator. It's a completely different type of design. The mathematical models indicate it should work - but the traditional formulas don't work since the design is so different.

Finding someone to risk $25k has proven difficult. Finding 250 people willing to risk $250 is much easier. For every "swindler" like Madoff there are 5,000 guys like me who have an idea with real potential.

There is real opportunity here. You can continue to focus exclusively on your high net-worth clients or you can partner with me to build a website that helps customers rate the value of these companies and make recommendations?
This user has chosen to opt out of the Badges program
11:31 AM on 04/08/2012
"That is tantamount to putting up a sign saying "Swindlers Welcome.""

The SEC works closely with swindlers, most notably Bernie Madoff, to facilitate their crimes. How is getting them out of the picture an invitation to their cronies?
photo
HUFFPOST BLOGGER
Frank A. Weil
11:09 AM on 05/08/2012
yes - the SEC is far from perfect BUT the fact that they are on the beat does tend to discourage at least some [perhaps a majority] of potential swindlers
09:17 PM on 04/06/2012
I completely agree. I was shocked to see this ruling.
Even requiring that the stock sellers have to use a registered dealer with very specific rules would build in some accountability.
photo
HUFFPOST BLOGGER
Frank A. Weil
11:10 AM on 05/08/2012
Agree - you have it right - most reponses seem not to understand
04:09 PM on 04/06/2012
Where are the predators? In my Google ads: h**p://www.stockspecialists.com/stock-report/sefe/

Energy out of thin air!!

Their contact info is a "virtual" (fake) office in Las Vegas.
photo
HUFFPOST BLOGGER
Frank A. Weil
11:13 AM on 05/08/2012
the predators are people who will say anything to cause someone to buy their stock - remember the old saying "a fool and his money soon part"!
photo
HUFFPOST SUPER USER
parabq
01:33 PM on 04/06/2012
Sure you dont like it ! Its letting people raise their own money without brokers. Fraud and scamming- and whats going on on Wall Street???? This is a great bill to give the power back to the small business.
photo
HUFFPOST BLOGGER
Frank A. Weil
11:14 AM on 05/08/2012
I am all in favor of small business BUT there are more small investors whose savings are very important to them -- do not forget their role in this process
photo
HUFFPOST SUPER USER
Darius Molark
de gustibus non est disputandum
02:01 AM on 04/06/2012
Why is everyone kicking this bill? Is it the same story that the predators will come? What predators? Bunny rabbits with money to invest in small businesses, or sharpies with knives to subsume power and control? Of course they will come. The business owner without skill and a degree of avarice and political skill (someone's nephew) fails. I hope what I say is false, but not likely. Bunny rabbits, umph! Obama needed to make this move in strategy against the wing nuts and to be ready. You know it and I know it. Read Dickens.
10:51 PM on 04/05/2012
Mr. Weil, the entire regulatory regime of Sarbox is nothing more than the the accountant full employment act. Along with the Dodd Frank, these omnibus laws do nothing but generate paper work and have no demonstrated effect on fraud. Madoff was a fraud. He broke LAWS. Healthsouth, WorldCom, etc were FRAUDS. They violated existing law not the new laws. Guess what happened to the CEO"s, they went to jail forever. It did not require a new law but rather simply enforcement of the of the old law. Government has an amazing job of designing thru the rearview mirror and a lousy job of anticipating problems. These new laws would not have stopped the frauds. A person determined to rip people off will actually avoid the law.
photo
HUFFPOST SUPER USER
Darius Molark
de gustibus non est disputandum
02:05 AM on 04/06/2012
Thank you! Enforcement of the old law, it was already there. SO another phlegmatic gauze on accountant's face, because we know they're going to do it again and again and again. The numbers, in truth, can only come out one way and sideways, whichever way boss wants. (Ah true, but cynical.)
photo
HUFFPOST BLOGGER
Frank A. Weil
11:19 AM on 05/08/2012
yes but why open the door to bad guys wider
09:19 PM on 04/06/2012
the people who should be in jail are not there yet.
07:41 AM on 04/07/2012
Dodd Frank and Sarbaes Oxley would not have put them there had they been in effect. These laws are massive regulatory constructs that impose huge costs and college massive amounts of information by the government that will never be reviewed. One of the greatest misjudgements by legislators/regulators is that more information is better. It's the typical default of a bureaucrat.
photo
EdCorner
Now what - more of the same...
10:10 PM on 04/05/2012
Agreed Frank, nothing good will come of this that could possibly outweigh the bad. "Swindlers Welcome" the SEC isn't looking
photo
HUFFPOST BLOGGER
Frank A. Weil
11:23 AM on 05/08/2012
thanks - you got it - but we are in the minority
HUFFPOST SUPER USER
H Diggity
02:26 PM on 05/09/2012
There are swindler financial advisors out there. By your logic we should ban all of them as well.