Loren Steffy’s Enron Myopia

Houston Chronicle business columnist Loren Steffy is a particularly vitriolic critic of former Enron executives Jeff Skilling and the late Ken Lay.

Steffy convinced himself early on that Skilling and Lay had lied to investors about Enron, so he made a good part of his living for the past several years appealing to resentment and scapegoating rather than fair-minded analysis in covering Enron’s demise.

Even the fact that the criminal cases against both Skilling and Lay turned out to be rather weak made no difference to Steffy. He rarely, if ever, gave Skilling or Lay any credit for the enormous wealth that was created from their legacy of beneficial risk-taking.

Stoking anger toward wealthy business executives is much easier than nuanced analysis of often complex markets and business transactions. Probably sells more newspapers, too.

So, against that backdrop, imagine my surprise when I came across this recent Steffy column in which he defends embattled securities fraud plaintiff’s lawyer, Bill Lerach.

Lerach is in the cross-hairs of a federal criminal indictment for lying to federal judges and his firm’s class clients about payments that his firm allegedly made to class representatives in certain of the cases that Lerach’s firm and his former firm (Milberg Weiss) handled. Despite these allegations, Steffy sees the good in Lerach’s work:

Lerach and his lawyers have held countless executives accountable over the years. They’ve recovered billions for fraud victims, both individuals and, more recently, pension funds and institutions.

All of this, of course, has made Lerach wealthy, which fuels the criticism against him. [. . .]

Past mistakes may have caught up with him, and if they have, he must pay the price.
But for . . . thousands of other shareholders, those mistakes may tarnish Lerach’s reputation, but his legacy remains unblemished.

As noted several times over the past year (most recently here), I also have doubts about the anticipated criminal case against Lerach, although not for the same reasons as Steffy.

My radar system for abuse of prosecutorial power is always activated whenever the government’s case is based on witnesses whose testimony has been bought and paid for.

But here’s what gets me. Steffy balances Lerach’s alleged lying to judges and his investor class-clients against the economic benefit of the recoveries his firm made on behalf of those investor-clients (many of those recoveries actually reduced the value of the companies that Lerach’s clients owned, but that’s another issue).

However, Steffy excoriates Skilling and Lay for their alleged lying to investors despite the fact that the two former Enron executives created enormous wealth that dwarfs any economic benefit that Lerach’s firm ever generated.

Thus, to Steffy, Lerach is Robin Hood who deserves some slack, while Skilling and Lay are greedy shysters who got what was coming to them. But in reality, what happened to Skilling, Lay and Lerach is far more complicated than that.

Too bad that Steffy prefers his simple morality plays to analytical clarity that might actually lead his readers to understand that encouraging the type of risk-taking that Lay and Skilling promoted at Enron facilitates productive markets, employment growth and wealth creation.

Considering Giuliani

giulianiSweats.jpgDaniel Drezner has an interesting recent observation about Rudy Giuliani’s presidential bid:

Take this for what you will:
Over the past month, I’ve had at least two dozen conversations with various people about Rudy Giuliani’s presidential campaign. A lot of these people are Democrats, but there were a healthy number of Republicans and independents as well. These are all smart observers of politics who generally do not make knee-jerk assessments. The one common denominator was that, at some point, all of these people had lived in the New York City area while Rudy was mayor.
What is astonishing is that, despite the fact that this collection of individuals would likely disagree about pretty much everything, there was an airtight conensus about one and only one point:

A Giuliani presidency would be an unmitigated disaster for the United States.
That is all.

UPDATE: Commenters have reasonably asked the “why?” question. For some answers from New Yorkers, click here and here.

Here is my contribution on why Giuliani should not be elected president.

This should make Stros fans feel a bit better

carlos%20zambrano.jpgIt’s been a bad season for the Stros, so fans of the local ballclub have to look for solace anywhere they can get it.
A couple of weeks ago, the Cubs inked ace starting pitcher Carlos Zambrano to a 5 year $91.5 million deal ($18.3/year) to keep him off the free agent market this coming off-season. The deal makes Zambrano the highest-paid pitcher in Major League Baseball.
As if on cue, over his last six starts, Zambrano’s record is 0-5 with an 8.29 ERA. On Monday night, he was the starter for the Cubs in an 11-3 loss to the Dodgers, prompting desperate Cubs fans to boo Zambrano as he left the field for the day. For the season, he has saved only seven more runs than an average National League pitcher would have saved in pitching the same number of innings (RSAA, defined here). Zambrano’s ERA is a rather pedestrian — at least for a $91 million pitcher — 4.35.
Zambrano is only 26 years old and has already thrown almost 1200 big league innings. The Cubs have a legacy of overworking young pitchers (think Kerry Wood and Mark Prior), so Zambrano’s downturn this season is a definite warning sign that something may not be right physically with him. Even if he is not battling an injury, Zambrano is a high injury risk given his workload over the past five seasons. If he is sidelined for any significant period during the term of his contract, then the Cubs investment in him will make the Stros’ recent bad deals seem tepid in comparison.
See, feel better? ;^)