The Lord Browne Affair

Lord%20Browne.jpgIt was not one of the mainstream media’s better weeks as the vultures have been circling the carcass of former BP chairman and CEO Lord Browne’s business career after the lurid Daily Mail was finally allowed by an English court to reveal that Browne had engaged in a homosexual affair with a younger man. Lord Browne has resigned in disgrace, but there is much more to this story than the headlines that most of the mainstream media is passing along.
Turns out that the Daily Mail has been pursuing for over a year a story to out the 59 year old Browne, who had built a fine reputation while rising through the management ranks of England’s largest company. A private man who has never married and still lives with his mother, Lord Browne had a four year relationship with a 27 year old Canadian with the surreal name of Jeff Chevalier, who Browne had supported in a small business that, of course, folded.
So, what was Chevalier’s response to Lord Browne’s generosity? Cozying up to the Daily Mail for some “Kiss n’ Tell” money at the expense of Browne’s private life.
Lord Browne didn’t react well initially to this attack, but it was understandable that the top executive of a huge, multi-national energy concern wanted to keep a private homosexual relationship out of the media glare while he is responsible for dealing with many foreign executives who don’t have particularly tolerant views toward such relationships. Matt Parris summed this point up well:

When Lord Browne told his shaving mirror, that it was not in the interests of BPís shareholders that his gay private lifestyle became public property, he was not imagining the problem. One can only imagine what Vladimir Putin thinks about gays ñ but this was a statesman whose confidence Browne (and BP) needed. The Arab and Muslim world has no problem with secret homosexuality, but every kind of problem with acknowleged and proclaimed homosexuality.

As a result, Lord Browne panicked and perjured himself about where he met Chevalier, claiming that he met him while “out jogging” rather than in a gay chat-room. Even though he quickly recanted and apologized, that mistake in judgment ended up costing Browne at least $20 million, his reputation and a sterling business career.
The Daily Mail’s self-serving justification in outing Lord Browne was that he was “misusing BP’s resources” in helping Chevalier and, thus, it was in the BP shareholders’ interests for Lord Browne’s private life to be exposed. But an internal BP investigation found that allegation to be baseless. Sure, Browne should not have lied, but the only reason he was placed in that position in the first place was that the Daily Mail decided that he deserved to be outed because he was rich, powerful and gay.
So, a proud and talented executive was not allowed to go on managing the largest British company while maintaining the privacy of his personal life, publicity of which was not in his company’s interests for the reasons noted above. That he was not allowed to do so is a poor reflection on English society, in general, and the Daily Mail, in particular.

Well, at least UT’s football players
can’t be bought that cheap

student-loans-monay.jpgDoes anyone else get the feeling that The Daily Texan student reporters are having a ball covering the University of Texas Office of Student Financial Services scandal?
In its latest article on the scandal, the Texan reports that the financial services office rated student-loan firms based on “treats” and other meals provided to university officials. In internal reviews of their lists of lenders that were recommended to students, UT financial-aid officials rated the loan companies based on a number of criteria, including “visibility,” which was defined as “based on the number of lunches, breakfasts and extracurricular functions for entire OSFS staff.” One document titled “Lender Treats” listed a “Hula Hut Happy Hour” provided by one lender and a lasagna lunch contributed by another.
Last month, UT put Lawrence Burt, its associate vice president and director of student financial aid, on paid leave after it was reported that he owned an interest in the former parent of Student Loan Xpress Inc. (now a unit of CIT Group). For his part, Burt has stated publicly that his interest in the company had nothing to do with UT funneling student loan business to the company. And, yes, Student Loan Xpress Inc. was rated “very good” in free meals and functions in a recent financial services office review.
The UT investigation comes in the wake of a larger investigation by the new Lord of Regulation, New York Attorney General Andrew Cuomo, who announced earlier in the week that six more universities have agreed to settle deceptive-trade-practice claims involving undisclosed payments from firms on preferred-lender lists. A half-dozen or so financial aid officials remain under investigation for taking payments from student loan firms.
My goodness, all this over some lasagna and happy hours? If Cuomo and the institutions were interested in really taking on some real corruption on college campuses, then they would be doing something about this.

Capitalism Rorschach Test

subprime%20042907.jpgIn this clever and insightful post, Warren Meyer provides a handy Rorschach Test for how Americans view capitalism and markets by using the competing views toward the adjustment that has been taking place in subprime mortgage markets over the past several months.
Guess how Loren Steffy and Ben Stein test out? If you need a hint on Stein, see this Larry Ribstein post.

Applying the Apple Rule

My, what a flurry of activity with regard to Apple.

First, the San Jose Mercury News reports last weekend that Apple CEO Steve Jobs appeared to be in the clear of the risk of criminal charges in regard to the investigation into backdating of stock options at Apple.

Next, on Tuesday, Dealbreaker’s John Carney noted that two former Apple executives in the crosshairs of the SEC’s parallel investigation — general counsel Nancy Heinen and CFO Fred Anderson — are taking very different approaches to dealing with the investigation.

On one hand, Heinen is fighting the SEC charges, while Anderson has settled up with the SEC.

But then, in a somewhat unusual development in such matters, Anderson proceeded to issue a public statement that appears to contradict Jobs’ story that he didn’t really understand the implications of this whole backdating thing.

Finally, after all this, Apple’s stock price went through the roof on Wednesday on the heels of strong second quarter earnings.

So, leave it to the originator of the Apple Rule to size up the possible implications of these events:

Indeed, it may be that all this backdating stuff really is all about stock price. When the alleged backdating was going on at Apple, the stock was hovering at around 20. Under several more years of Jobs leadership, it’s up over 90. Backdating could bring it back to 20.

Making sense of the subprime markets

subprime%20042607.jpgIn this WSJ ($) op-ed, American Enterprise Institute fellow Ted Frank provides a particularly lucid explanation of the many benefits of the markets relating to subprime mortgages and the absurd nature of the attempt by some plaintiffs’ firms to extract some ransom from some institutional investors in those markets. While reviewing how certain members of Congress refuse to allow their ignorance to stop them from attempting to make matters worse, Ted asks:

“Shouldn’t at least one of the two political parties have someone heading up the House Financial Services Committee who understands financial services?”

Meanwhile, Michael Lewis asks three common sense questions in regard to the allegations of wrongdoing in regard to subprime mortgages:

1) If the subprime home-loan market was a cynical conspiracy, why did so many of the putative conspirators wind up taking so much of the risk? [. . .]
2) Why does the most financially obsessed and presumably well-informed character on earth, the American Investor, insist on playing the fool? [. . .]
3) Why in this new drama is it so easy to imagine borrowers in a different role, other than the one in which they are currently cast: The Victim? [. . .]

Messrs. Frank and Lewis both hit on an important characteristic of American markets in general and the subprime markets, in particular. The U.S. mortgage market is the most efficient in the world largely because it is the most securitized. Banks don’t need to take the risk that doomed many of them back in 1980’s when they commonly held on to home mortgages that they originated. Now, banks sell them into the bond market to institutional investors who disperse the risk to those who can afford to take it.
Interestingly, a strong case can be made that the mortgage-backed securities markets is a descendant of the liquidity crunch in home mortgage lending that resulted from the savings and loan crisis of the 1980’s, Just as Congress had a big hand in causing the S&L debacle, the current Congressional crusaders are threatening the markets that corrected the 1980’s downturn in home mortgage lending.

Go Barney Go!

barney_frank042507.jpgBarney Frank, that conflicted anti-business Congressional crusader (see here and here) who is nevertheless challenging the federal government’s ludicrous prohibition of internet gambling, has decided to introduce legislation to overturn the prohibition, and he thinks it has a chance of passing.
Good for Barney. But how sad is it that Rep. Frank — who is essentially a socialist with regard to economics, business and big government issues — is one of the only national politicians who is willing to advocate reasonable and common sense restraints on the federal government’s prosecutorial power against business interests?

An investment market for Charlie Pallilo

TRADING%20floor%20042007.jpgMy favorite sports talk radio show in Houston is Charlie Pallilo‘s afternoon show over at 790-AM, but I’ve always wondered why the quite bright Pallilo isn’t off making millions trading bonds or running a hedge fund. Moneyball’s Michael Lewis reports in this CondeNast Portfolio article about a market that is right up Pallilo’s alley — investing in professional athletes:

Wall Street is about to launch a new way to trade professional athletes the way you trade stocks. A piece of Tiger, anyone?
When financial historians look back and ask why it took Wall Street so long to create the first public stock market that trades in professional athletes, they will see ours as an age of creative ferment. Theyíll see a new, extremely well-financed company in Silicon Valley that, for the moment, sells itself as a fantasy sports site but aims to become, as its co-founder Mike Kerns puts it, ìthe first real stock market in athletes.î . . . The athlete would sell 20 percent of all future on-field or on-court earnings to a trust, which would, in turn, sell securities to the public. Theyíll also single out the birth of the first European hedge fund that runs a multimillion-dollar portfolio of professional soccer players, the value of which rises and falls with the playersí performances.
As a number of smart people seem to have noticed at once, professional athletes have all the traits of successful publicly traded stocks, beginning with enormous speculative interest in them. Americans wager somewhere between $200 billion and $400 billion a year on sports, and between 15 million and 25 million of them play in fantasy leaguesówhich is to say that a shadow stock market in athletes already exists. That market may not know everything there is to know about the athletes it values, but it probably knows more than New York Stock Exchange investors know about the N.Y.S.E.ís public corporations. ìPeople worry about lack of transparency in sports,î says the leading sports agent. ìMy newspaper this morning has two and a half pages of business news and 17 pages of sports. The day after the game, you know Peyton Manningís thumb is hurt. What do you know about the C.E.O. of I.B.M.?î

Let’s see now. You will soon be able to place a legal bet on a professional athlete over the Internet, but not on the outcome of a game?

Joey Crawford and corporate governance

JoeyCrawfordTechnicalFoul.jpgOnly Professor Bainbridge has the special insight to note that NBA referee Joey Crawford’s suspension-drawing ejection of the Spurs Tim Duncan in a game last week confirms the core of the Professor’s approach to corporate governance — “Whether on the court or in the board room, the power to review is the power to decide.”

This is a meltdown?

sub-prime-mortgages-newtxt041807.gifWhat was that about a meltdown in the subprime mortgage market?
This Bloomberg article reports that Fremont General has agreed to sell $2.9 billion of subprime mortgages at a net loss of $100 million. That deal comes on top of another one in which Fremont discounted $4 billion of subprime loans by $140 million. That computes to a loss of 3.5%. Nobody likes to lose money, but that simply is not the type of loss that is going to shatter a reasonably fluid bond market. Perhaps as a result, Fremont shares were trading briskly and enjoyed big gains yesterday.
I wonder what Gretchen will say about that?

Business is good in one mega-church pulpit

osteen.jpgHouston has several of the nation’s largest churches and business is quite good in at least one of them:

The next book from megaselling pastor Joel OsteenóBecome a Better You: 7 Keys to Improving Your Lifeówill have a first printing of three million and a one-day laydown on October 15. . . . The Osteen first printing is believed to be the highest for a hardcover book in S&S history, said spokesperson Adam Rothberg.
Osteen made big news last year (“Osteen Heads to Free Press,” PW Daily, Mar. 15, 2006) when he jumped the Warner ship for Simon & Schuster for a deal worth some $13 million, according to informed sources, though S&S denied that figure. Osteen’s first book, Your Best Life Now, was published by Warner Faith (now Hachette’s FaithWords division) in 2004 and has sold more than four million copies to date, with a constant presence on the bestsellers lists.
S&S will publish Become a Better You simultaneously in Spanish-language and audio editions.