Judge Robinson hands Westar’s Wittig another excessive sentence

westar020607.jpgOn the heels of the 10th Circuit’s scathing decision last month setting aside the convictions of former Westar Energy executives David Wittig and Douglas Lake, this Greg Burns/Chicago Tribune article reports that the legal tug-of-war between U.S. District Judge Julie Robinson and the appellate court over her handling of the criminal cases against Wittig continues.
As Burns reports, Judge Robinson re-sentenced Wittig earlier in the week to 24 months in prison on a bank fraud conviction that was not related to the larger prosecution of Wittig and Lake in regard to Westar. Judge Robinson handed down that sentence despite the fact that the 10th Circuit had already struck down two of her previous sentences on that charge, the most recent of which suggested that the sentence on the charge should be a maximum of six months. Wittig has already served over a year in prison.
Beyond his reporting on Wittig and the Westar-related criminal cases, Burns’ article is well worth reading simply for the depth of his analysis of how the prosecutions reflect the questionable nature of the regulation-of-business-through-criminalization policy that the federal government and state actors such as Eliot Spitzer adopted after the bursting of the stock market bubble at the beginning of this decade. As Burns notes, the Westar prosecutions have played more on widespread resentment of wealthy businesspersons than on clear lines of criminal liability. Such analysis is a refreshing change of perspective from what much of the mainstream media serves up about prosecutions of business interests.

Regulating private equity buyouts

moneyrolls.jpgMatthew Bishop over at The Economist.com makes the salient point that the concern over private equity buyouts is getting a bit hysterical:

THE backlash against the private-equity boom is becoming a tad hysterical. Take yesterday’s Financial Times (of February 5th), in which John Gapper issues a ìwake up callî about what he says may be the next big financial scandal, ìmanagement buy-outs of public companies by executives backed by private-equity firms.î
What is the problem, exactly? According to Mr Gapper: ìTo state the obvious, any chief executive who plans to buy the company that he or she leads faces a huge conflict of interest with its shareholders. The job of an executive is to make a company as valuable as possible so that its shares fetch the highest possible price. But any director who bids for a company is eager to pay as little as possible so that he or she can reap the maximum reward in the future.î
Still, Mr Gapper concedes that not every management buyout is ìinherently flawedî. That makes him a moderate compared with another financial writer, Ben Stein, who wants them to be made illegal.
As Mr Stein claimed not long ago in the New York Times, ìmanagement buyouts are great for management. But by every standard I can see, they are yet another sad sign of how our corporate trustees have lost their moral compass. The time for them to stop is long overdue. If the stockholders have hired you and pay your wage to manage their assets, your job is to do that for themónot to buy them out at fire-sale prices and turn around and make billions that rightfully belong to them. The management buyout is a sad and infuriating avatar of a decadent age.î

Whoa, Nellie, says Bishop:

Mr Gapper and Mr Stein talk as though the mere existence of a potential conflict of interest will lead directly to wrongdoing. But one of the great strengths of capitalism is its ability to develop efficient mechanisms to manage conflicts of interest. When a boss considers selling his firm to private equity, the check on him is particularly simple: the shareholders of his firm must approve any sale. In a few recent cases, such as a bid for CableVision, shareholders have considered the offer inadequate and blocked the sale. That is evidence, not of a brewing scandal, but of market forces at work.

Indeed. My anecdotal experience is that a good sign to hold on to one’s pocketbook firmly is when someone tells you that it is better to have fewer bidders competing to purchase something. Indeed, my sense is that a management-led, private equity-financed play for a public company is usually just as likely to spur competing offers for the company as it is an attempt to lowball the public company’s shareholders. When the folks who know the most about a company’s business show that kind of confidence in the value of the company, that sends a strong signal to the market that more value can be made. Such confidence tends to be contagious.

Institutionalized fanaticism

signing%20day.jpgIf your friends or co-workers who follow college football closely are acting a bit stressed out today, then it’s quite likely that the source of their anxiety is a 17 or 18 year old who they have never met.
Yes, today is that day of the absurd dubbed “National Signing Day” when we are deluged with the rather odd spectacle of grown men fawning over high school football players to induce them to come take advantage of their university’s resort facilities rather than their competition’s resort facilities. And, oh yeah, if they can earn a few “tips” from well-heeled alums while enjoying those resort facilities, then that’s alright, too.
Indeed, this NY Times article already suggests that the University of Illinois’ inexplicably strong recruiting class this year may be the result of cheating. With the proliferation of the blogosphere over the past couple of years, a host of blogs follow the recruiting wars closely and often with keen wit. The following are a few of the interesting posts on this year’s recruiting season that I’ve stumbled across:

The Wizard of Odds explains why all of this competition over the quality of recruiting classes is largely meaningless;
The Sunday Morning QB examines the strange system in which all of this has evolved;
The House that Rock Built explores the ripple effect of recruiting decisions;
Every Day Should Be a Saturday reveals how recruiting foretold Rex Grossman’s mediocre Super Bowl performance (just kidding);
A widget that displays a map reflecting where a school’s recruits are coming from; and
The College Football Resource page has more information than you should ever want to know about this year’s top recruits and where they are going.

Meanwhile, as university presidents continue to dither over this fundamentally flawed system of regulating rents, this post from a couple of years ago suggests that a better system is readily available so long as the colleges forsake being the NFL’s free minor league system, a position with which Malcolm Gladwell agrees. As noted earlier here, big-time college football as presently structured is hopelessly corrupt, but it’s a pretty darn entertaining form of corruption. Adopting a structure much closer to college baseball would likely minimize the corruptive elements of college football while not affecting the entertainment value of the sport much. But it’s going to take leadership and courage from the top of the universities to promote and implement such a reform.
What are the chances of such leadership emerging? Probably about the same as Rice knocking off Texas next season in Austin.