Arch Coal stuffed $8 million into the pockets of execs the day before bankruptcy


Ex-Governor Freudenthal sold his shares in Arch just before bankruptcy

Arch Coal paid its top executives more than $8 million in bonuses the business day before the company filed for bankruptcy in January, according to U.S. Bankruptcy Court for the Eastern District of Missouri filings published last week.

Securities and Exchange Commission records also show that 12 company insiders exercised or converted about 88,000 “phantom stocks”…worth more than $70,000 that same Friday, Jan. 8, 2016.

On the following Monday, Jan. 11, Arch announced it had filed for bankruptcy protection…

The most notable transactions Arch made in the days before filing for Chapter 11 bankruptcy protection, according to court and SEC filings, were payments of $8.12 million in bonuses to seven of its corporate officers, including its CEO, Chief Financial Officer and president…

Gary Hufbauer, a senior fellow at the Peterson Institute for International Economics, said the bonus payments “could be very likely voided by a bankruptcy court.”

Bankruptcy courts scrutinize a company’s financial transactions and payments made during the 90 days before that firm filed for protection. Hufbauer called the $8.12 million on the eve of bankruptcy “really suspicious…”

Of the 12 insiders named in transactions with phantom stock, 10 were board members and the remaining two were Drexler, the CFO, and Cochran, senior vice president of operations…a form filed Jan. 12 but dated four days before lists David Freudenthal, the former Democratic governor of Wyoming, and shows that 2,757 shares worth $2,288.31 were disposed of.

“It seems strange that you would have such a coincidence,” said Thaya Brook Knight, associate director of financial regulation studies at the Cato Institute, referring to the short window between the Friday transactions and the Monday morning bankruptcy declaration.

Court documents also show Arch made two other payments on the business day before it sought bankruptcy protection.

One was a $12,540 payment to the Algonquin Golf Club in St. Louis, where the firm is headquartered, and the other a $10,680 payment to the Bellerive Country Club, also in St. Louis.

Hey, these captains of industry have to use up some of that free time they now have – since the company they guided through the seas of American commerce has sunk. Playing golf will at least keep them walking around in the fresh air.

Arrest warrant out for nuclear powerplant developer


“Don, honey, we can put the executive swimming pool over there”

Don Gillispie — who pitched a plan to build a nuclear power plant in Southwest Idaho until federal investigators accused his company of fraudulent activity — didn’t show up for two arraignment hearings this week in an ongoing criminal case.

The first time, on Tuesday, U.S. Magistrate Larry M. Boyle rescheduled the arraignment for Thursday, court documents state. When Gillispie also missed that hearing, prosecutors asked the judge to issue a warrant for Gillispie’s arrest, the U.S. Attorney’s Office confirmed.

Gillispie is accused of duping investors to buy stock in Alternate Energy Holdings Inc. (AEHI) at an artificially inflated price and then funnelling the money to himself and his company’s former vice president, Jennifer Ransom. Prosecutors could now charge him with failure to appear in the case. For one count, wire fraud, that could mean up to 10 additional years in prison if he is convicted…

Also, U.S. District Judge Edward J. Lodge reissued a judgment against Gillispie and AEHI in a several-year-old civil case brought by the U.S. Securities and Exchange Commission…

From the $14.6 million in investor money received, Gillispie and Ransom “received significant salaries and other compensation that they did not report as income to the Internal Revenue Service,” according to court files.

Do your due diligence, folks, before you invest a penny of your hard-earned income. If it sounds too good to be true, it probably ain’t.

“It’s the politics, stupid”

Bailout?

In 2014, the world economy remained stuck in the same rut that it has been in since emerging from the 2008 global financial crisis. Despite seemingly strong government action in Europe and the United States, both economies suffered deep and prolonged downturns. The gap between where they are and where they most likely would have been had the crisis not erupted is huge…

In 1992, Bill Clinton based his successful campaign for the US presidency on a simple slogan: “It’s the economy, stupid.” From today’s perspective, things then do not seem so bad; the typical American household’s income is now lower. But we can take inspiration from Clinton’s effort. The malaise afflicting today’s global economy might be best reflected in two simple slogans: “It’s the politics, stupid” and “Demand, demand, demand.”

The near-global stagnation witnessed in 2014 is man-made. It is the result of politics and policies in several major economies – politics and policies that choked off demand. In the absence of demand, investment and jobs will fail to materialize. It is that simple…

Much of the growth deceleration in emerging and developing countries reflects China’s slowdown. China is now the world’s largest economy (in terms of purchasing power parity), and it has long been the main contributor to global growth. But China’s remarkable success has bred its own problems, which should be addressed sooner rather than later.

The Chinese economy’s shift from quantity to quality is welcome – almost necessary. And, though President Xi Jinping’s fight against corruption may cause economic growth to slow further, as paralysis grips public contracting, there is no reason for Xi to let up. On the contrary, other forces undermining trust in his government – widespread environmental problems, high and rising levels of inequality, and private-sector fraud – need to be addressed with equal vigor.

In short, the world should not expect China to shore up global aggregate demand in 2015. If anything, there will be an even bigger hole to fill…

The problem is that low interest rates will not motivate firms to invest if there is no demand for their products. Nor will low rates inspire individuals to borrow to consume if they are anxious about their future (which they should be). What monetary policy can do is create asset-price bubbles. It might even prop up the price of government bonds in Europe, thereby forestalling a sovereign-debt crisis. But it is important to be clear: the likelihood that loose monetary policies will restore global prosperity is nil.

This brings us back to politics and policies. Demand is what the world needs most. The private sector – even with the generous support of monetary authorities – will not supply it. But fiscal policy can. We have an ample choice of public investments that would yield high returns – far higher than the real cost of capital – and that would strengthen the balance sheets of the countries undertaking them.

The big problem facing the world in 2015 is not economic. We know how to escape our current malaise. The problem is our stupid politics.

You can see why Republicans blocked Joe Stiglitz from placement on a panel advising the SEC. They have spent every waking minute in Congress – apart from their War on Women – concentrating on pleasing Wall Street. When Stiglitz was told of his appointment being blocked, his response was “I think they may not have felt comfortable with somebody who was not in one way or another owned by the industry.” More politics of stupid by the Party of Stupid.

There hasn’t been an economist of note, conservative or liberal, who doesn’t identify the laggard rate of economic improvement as rooted in reactionary cowardice. Today’s Republican Party fits that definition as perfectly as any elitist club in the world.

Congressional committee ordered to court – hiding info on insider trading

A U.S. judge on Friday directed the House Ways and Means Committee and a staffer to appear at a July 1 hearing to address their alleged refusal to respond to U.S. Securities and Exchange Commission subpoenas as part of an insider trading probe.

The order by U.S. District Judge Paul Gardephe in New York covers both the committee and Brian Sutter, staff director for its healthcare subcommittee and came at the SEC’s request.

The SEC said it is examining whether material nonpublic information concerning an April 1, 2013 announcement by the Centers for Medicare and Medicaid Services of 2014 reimbursement rates for a Medicare program was leaked improperly, and whether anyone traded on that information…

According to the SEC, the House committee has resisted the subpoenas, in part by arguing that the U.S. Constitution shields lawmakers from having to testify or turn over documents…

As usual, the creeps in Congress think they are above the law.

In court papers on Friday, the SEC said it was looking into an email that a lobbyist at the law firm Greenberg Traurig sent to broker-dealer Height Securities regarding a deal struck in Congress about the Medicare rates.

It said that email was 70 minutes before CMS announced the rates after U.S. markets closed, and about 30 minutes before Height issued a report suggesting that the change could help companies such as Humana and Health Net.

The SEC said the share prices of both companies jumped after the report, with Humana’s rising 7 percent in the last 15 minutes of trading.

Sutter, meanwhile, had on the day of the announcement been emailing the Greenberg Traurig lobbyist about the termination of a client from the Medicare program, the SEC said. Both then spoke on the phone for three minutes, which was 10 minutes before the lobbyist emailed Height, the SEC said.

I would love to see US Marshalls march into the House of Representatives and handcuff some of these sleazy bastards and cart ’em away for refusal to answer a subpoena. Ordinary mortals, plain old American citizens don’t get to behave like monarchs. Congress-critters consider it as much of a right as being able to lie unchallenged.

Singing financial adviser defrauds clients of more than $5 million

Dearman is the one who doesn’t get up and dance

The U.S. Securities and Exchange Commission has accused a former Oklahoma investment adviser and wedding singer of raising at least $4.7 million through various illegal schemes with the help of a Bartlesville businesswoman. The pair then used investors’ money on gambling and other personal expenses, as well as to pay off earlier investors, according to a court filing.

The SEC filed a civil suit against Larry J. Dearman Sr., 40, of Tulsa, and his friend and business associate Marya Gray, 50, of Bartlesville. The Bartlesville-based wireless service provider Bartnet Wireless and northwest Oklahoma convenience store chain Quench Bud’s also were named as defendants in the lawsuit, as well as shell company The Property Shoppe Inc….

The lawsuit claims Dearman fraudulently obtained millions of dollars from more than 30 clients. Dearman promised his clients he would invest their money into various businesses owned or controlled by Gray, the lawsuit says. Instead, Dearman and Gray used investors’ money to gamble and for personal expenses as well as to pay off other investors in a Ponzi-type scheme, the SEC claims.

Dearman stole an additional $700,000 from some of his clients “through various ruses,” the SEC said in the lawsuit filed Tuesday in U.S. District Court in Tulsa.

“Dearman and Gray were able to lure these clients in part because many of them had known him and his family since childhood, thought of him as an active member of their church and knew him as a popular local wedding singer,” the SEC claims…

Gray gambled away more than $1.1 million over the course of the scheme, which lasted from 2008 to 2012, the SEC claims in its lawsuit.

Kind of gives you a clearer picture of the gullible voters in Oklahoma who keep on re-electing sleazy conservatives like Tom Coburn and James Inhofe. Quote the King James bible enough, blather about bringing free money to Oklahoma – blame everything bad on furriners and the federal government – you got it made.

Honest rating agency punished for telling the truth – the Big 3 frauds carry on as usual

The big 3 government backed ratings agencies (technically known as Nationally Recognized Statistical Rating Organization) – S&P, Moody’s and Fitch – all committed massive fraud, which was a prime cause of the 2008 economic crash.

They took bribes for higher ratings, “sold their soul“, engaged in a “culture of covering up improper ratings“, and said that anyone who believed them was an idiot…

They also played games to avoid downgrading U.S. credit. Basically, they scratched the government’s back, so the government scratched their back.

On the other hand, government-backed rating agency Egan-Jones has consistently been more honest and forthright in its ratings of countries and corporations, and more aggressive than Moody’s or S&P in downgrading U.S. credit (and see this).

So guess which rating agency just got stripped for a year and a half of its government-backed rating agency status?

Yup … Egan-Jones.

Given that the government’s whole strategy in dealing with the financial crisis is to cover up the fraud (the “financial reform” legislation didn’t do anything much to reform rating agency shenanigans), honesty cannot go unpunished.

I brought up the attempt to slap down Egan-Jones for truth-telling a few months back. Bill Cohan wrote a great piece about this crap over at Bloomberg News. This article by Barry Ritholtz shows the world the result of playing fair with Wall Street and the Washington Wizards.

SEC goes after the only rating firm not on the take from Wall Street

The Securities and Exchange Commission, it seems, has finally lost its mind. Bill Cohan is one of the best writers on the financial scene, author, journalist and commentator. And he’s pissed off:

In April, motivated by what I consider pure maliciousness, the SEC initiated a “cease and desist” administrative proceeding it deemed “necessary for the protection of investors and in the public interest” against Egan-Jones Ratings Co., a privately owned, 20-person firm based in Haverford, Pennsylvania, and against its principal owner, Sean Egan.

Egan-Jones, founded in 1995, is one of nine ratings companies that the SEC has accredited as “nationally recognized,” allowing the firm to rate the debt of sovereign nations, companies and asset-backed securities, among others. Notably, it is the only one of the nine that gets paid by investors instead of by the issuers of securities.

The bigger and better-known ratings companies — Standard & Poor’s, Moody’s and Fitch Ratings Ltd. — are paid by the Wall Street banks that underwrite the debt securities of corporate issuers. That is, the companies are beholden to the sellers of the products they are supposed to pass judgment on, not the buyers. That’s akin to allowing the Hollywood studios to pay the nation’s film critics for their opinions.

We all saw the result in 2007 and 2008. A major cause of the financial crisis was that S&P, Moody’s and Fitch, while being paid hundreds of millions of dollars by Wall Street, gave AAA ratings to complicated, risky securities that turned out to be anything but AAA. If a big bank didn’t like a proposed rating, it just shopped the deal until it found a firm that would provide something it liked better.

Who can forget this memorable April 2007 instant-message exchange between two S&P analysts, Rahul Dilip Shah and Shannon Mooney?

“Btw, that deal is ridiculous,” Shah wrote to Mooney about some mortgage securities they were asked to rate.

“I know, right . . . model def(initely) does not capture half the risk,” she replied.

“We should not be rating it,” he answered.

“We rate every deal,” Mooney replied. “It could be structured by cows and we would rate it…”

Egan told me he is determined to fight the charges because “the issuer-paid rating firms were identified as a significant source” of the worst economic catastrophe since the Great Depression, and yet the SEC’s “response has been to hobble, in any way possible, the most vocal counterbalance to those inflated ratings…”

…“Anybody who looks at this would realize that this is wrong,” he said. “It provides an opportunity for a spotlight on what’s been going on over the recent past, and hopefully it will change so that it’s a more even playing field.”

To quote Bill Cohan: Don’t get your hopes up for that, Mr. Egan.

Wall Street is still the ultimate capitalist country club. Honesty is not a prerequisite for joining. And the agency in charge of policing the grounds of the club is the SEC. Sean Egan evidently is too honest to be trusted.

Regulators finally notice high-frequency stock trading – WTF?


May 6, 2010
Daylife/Reuters Pictures used by permission

Regulators in the United States and overseas are cracking down on computerized high-speed trading that crowds today’s stock exchanges, worried that as it spreads around the globe it is making market swings worse…

Regulators are playing catch-up. In the United States and Europe, they have recently fined traders for using computers to gain advantage over slower investors by illegally manipulating prices, and they suspect other market abuse could be going on. Regulators are also weighing new rules for high-speed trading, with an international regulatory body to make recommendations in coming weeks.

In addition, officials in Europe, Canada and the United States are considering imposing fees aimed at limiting trading volume or paying for the cost of greater oversight.

Perhaps regulators’ biggest worry is over the unknown dynamics of the computerized stock market world that the firms are part of — and the risk that at any moment it could spin out of control. Some regulators fear that the sudden market dive on May 6, 2010, when prices dropped by 700 points in minutes and recovered just as abruptly, was a warning of the potential problems to come. Just last week, the broader market fell throughout Tuesday’s session before shooting up 4 percent in the last hour, raising questions on what was really behind it…

High-frequency trading…done by independent firms or on special desks inside big Wall Street banks, now accounts for two of every three stock market trades in America…

Even the traders’ authorized activities are coming under fire, especially their tendency to shoot off thousands of orders a second and suddenly cancel many. Long-term investors like pension funds complain that the practice makes their trading harder…

In the United States, the Securities and Exchange Commission has been looking into the new market structure for almost two years…Looking and looking and looking. Though it gets in the way of lunch – sometimes.

And the S.E.C. last year proposed what would be an even more high-powered monitoring system called a consolidated audit trail that would gather data on trades in real time from all United States exchanges, and be a powerful tool in helping regulators piece together events in case of another flash crash…

That’s called building a better barn door after the stables are empty. But, the SEC will have sufficient information on how to construct a great looking screenplay about one more failure to act on behalf of investors.

Corporate political funds may be unmasked by shareholder rights


Scumbag-in-chief Thomas says corporations have a right to political secrets

A U.S. Supreme Court ruling last year opened the floodgates to corporate political donations, much of it secret, but a process begun in another government agency may force those donations into the light of day…

The Supreme Court’s narrow decision in Citizens United vs. the Federal Election Commission…said the political speech of corporations was protected by the First Amendment. That applied even if the funds corporations were spending in political races belonged to stockholders…

Justice Kennedy said limiting corporate political contributions was an exercise in thought control…Not that Justice Kennedy has anything against thought control on behalf of corporations.

Since then, Americans were faced with the prospect of increasingly expensive elections funded by increasingly covert political donations from corporations, not from individuals, with both major parties, Democratic and Republican, scrambling for their share of unlimited money.

Riding to the rescue were 10 corporate law professors who call themselves the “Committee on Disclosure of Corporate Political Spending.” In August, the group submitted a “petition for rulemaking” to the Securities and Exchange Commission with a simple message: “We ask that the commission develop rules to require public companies to disclose to shareholders the use of corporate resources for political activities.”

In other words, if executives want to participate in high-stakes politics using corporate funds, they should have to publicly tell stockholders what they’re doing. After all, those corporate funds belong to the stockholders, not corporate management with their own political agendas…

“Disclosure of corporate political spending is necessary not only because shareholders are interested in receiving such information, but also because such information is necessary for corporate accountability and oversight mechanisms to work,” the petition argued. “The Supreme Court has often recognized, and indeed relied upon, these accountability mechanisms, particularly when corporations use shareholder resources for political purposes…

The petition was filed using Rule 192. Under the rule, if the SEC decides to act on the petition it must file notice in the Federal Register of the time and place of the rulemaking procedure.

But the SEC is under no compunction to act on the petition at all. Meanwhile, the money is flowing and the clock is ticking toward the 2012 election.

The odds are split on whether or not the SEC actually gets off their rusty-dusty and does anything about this petition for a decision.

On one hand, given the history of who the SEC actually thinks they work for there is little or no reason to expect anything to done which positively supports the needs of shareholders much less the public at large.

On the other hand, the SEC is still a bit gunshy about appearing to be complete phonies under the corporate thumb – even though it’s true – because of all the bad press they’ve gotten for ignoring the buildup of corruption that dropped everything from the Madoff Ponzi fraud to the subprime massacre and the resulting Great Recession – into their responsible laps. They may do something about the petition just to cover their buns.