Lerach’s sentence

Lerach%20021208.jpgFormer plaintiff’s class action securities lawyer Bill Lerach was sentenced yesterday to two years in prison, fined $250,000 and ordered to complete 1,000 hours of community service (Peter Lattman’s W$J interview of Lerach is here and more W$J coverage of blawgosphere reaction is here). Lerach pled guilty last September to a felony count of conspiring to obstruct justice and to submit false testimony in federal judicial proceedings after being investigated by the Department of Justice for the better part of a decade.
My posts from over the years on Lerach and the investigation into his practice are here, and my latest posts summarizing my views on his plea deal are here and here. Along similar lines to the thoughts expressed in this post from yesterday, Larry Ribstein cautions those who take satisfaction in watching Lerach’s fall from the pinnacle of the plaintiff’s class action securities bar:

What many call their ìgreedî is what moves the marketís invisible hand and what has . . . generated so much public good for our financial markets. Both financial innovations and legal innovations may be taken too far, but this doesnít negate their positive aspects and the need to encourage them.
Thatís not an excuse for wrongdoing. If laws have been broken the violators should be sent away. But we should be aware that the excesses of prosecutors can cause at least as much, and possibly more, harm than the excesses of financial speculators.

Bill King’s “Let’em ride free plan”

metrocar%20021208.jpgLongtime Houstonian Bill King is a common sense fellow who serves on the Transportation Council, a group of elected officials and agency staffers that sets priorities for transportation spending in the 13-county Gulf Coast region. In this Chronicle op-ed from over the weekend, he reviews the Metro light rail system’s horrific ridership numbers (previous posts here) and concludes that — given the massive sunk costs invested in the light rail system — the ridership numbers are so bad that it makes economic sense to attempt to increase ridership by simply allowing riders to use the system free-of-charge:

Today, the Metropolitan Transit Authority reports slightly under 300,000 daily “boardings.” Because of transfers, it is a little bit of guesswork to determine how many commuters are actually using transit. But it is probably something in the 120,000-130,000 range. For every commuter we can convince to take a train or bus to work, we get one car off our roads. That means less congestion and fewer emissions and collisions. Clearly a good thing.
Metro has developed a far-ranging, multibillion-dollar plan dubbed Metro Solutions that it hopes will increase transit ridership. Phase 2 of that plan consists of five light rail lines and will cost about $2.2 billion. The ultimate cost will undoubtedly be higher. Metro projects that its Phase 2 lines will have about 140,000 daily boardings. However, these lines will replace existing bus service along the same routes, so not all of the boardings will represent an increase in transit ridership. The net increase on the Main Street line from switching to light rail has been about 19 percent.
If this ratio holds on the Phase 2 lines, we should pick up an increase in daily boardings of about 20,000 to 30,000 or something like 10,000 to 12,000 new transit riders. This is a very small increase compared to well over 1 million daily commuters in Houston.
The traffic models indicate that this relatively small increase will be about offset by the lost street lanes the rail lines will use and the scores of new street level crossings. As a result, there will be no meaningful reduction in traffic congestion from the Phase 2 lines. [. . .]
. . . Metro recovers a very small percentage of its costs through fares. In fiscal year 2006, Metro only collected about $54 million in fares compared to $435 million in operating expenses, or only about 12 percent. That is because Metro gets the overwhelming majority of its funds from a 1 percent sales tax. And Metro is currently enjoying a boom in its sales tax revenues. In the past two years, sale tax receipts have increased by approximately $84 million and are on track this year to increase almost another $40 million. Metro currently is sitting on nearly $400 million in cash, receivables and short term investments.
Also, Metro spends about $5 million a year collecting its fares and advertising, expenses that could be dramatically reduced if fares were eliminated. So eliminating fares would probably only cost us around $50 million annually. [. . .]
Elimination of fares is not an end game solution. There is still a pressing need for expanded transit service throughout the region. But going to a fare free system may be a way to jump-start a new transit paradigm. With a larger transit constituency, public support for new programs may grow.
The nice thing about the idea is that it is not irrevocable. If it does not result in the hoped for benefits, we can always reverse course and try something else. Houston’s transit program has been log-jammed for years with no end in sight. Personally, I am ready to try something different, even if it is a little “out of the box.”

Bill King is a good sport and I give him credit for attempting to make the best of a terrible investment. He is not attempting to justify the construction of Phase 2 of the light rail system by eliminating fares (that would be impossible); he simply references Phase 2 to make the point that eliminating fares would have a bigger impact on ridership at a much lower cost. Most of the benefit of his proposal would probably come from eliminating fares on the Park & Ride system and using the system’s unused bus capacity.
However, thinking “outside the box” in the face of these numbers (10-12,000 more daily light rail transit riders in return for a $2.5 billion investment?) calls for something far more than just “let’em ride free.” Indeed, you could quadruple that increase in daily ridership and it would still be an extremely poor return on investment of public funds.
A more appropriate response in the face of such a poor cost/benefit ratio is to cut the losses altogether, halt the light rail project where it stands and either return the public capital at Metro to the taxpayers or use the funds on something that will truly benefit a substantial portion of the area citizens (flood control or more flexible area-wide bus transit, maybe?). Just how much money will Houston’s political leaders allow Houston-area residents to blow before exhibiting true leadership on the colossal light rail boondoggle?
Update: The Chronicle’s transit columnist, Rad Sadlee, comments here on King’s op-ed.

Guilty verdict in the latest natural gas trader case

natural%20gas%20trading%20021208.jpgWe in Houston have become so jaded by dubious prosecutions of businesspeople that the guilty verdict in the latest natural gas trader case passed almost unnoticed late last week. The Department of Justice’s press release on the verdict is here, and the article of Tom Fowler — the Chron reporter who has done a good job of following these the trader cases — is here. My previous posts on the natural gas trader cases are here.
What is particularly troubling about the result in this particular case is that three relatively young men (the oldest of the three defendants is 48) with families and (at least up to this trial) excellent careers are now facing effective life prison sentences for essentially lying to a magazine. The prosecution’s alleged that the three traders provided false information to natural gas industry publications such as the Inside FERC Gas Market Report, which uses data from traders to calculate the index price of natural gas. Inasmuch as movement in index prices can theoretically affect the level of profits that traders can generate, the government’s theory was that the defendants provided false information so that they and their employer — El Paso Natural Gas Co. — could reap higher profits.
However, it remains unclear whether the magazines actually used the false information that the defendants provided to them or that the false trades actually affected the markets at all. No problem for the prosecution, though. The government contended that the market effect of providing the false information was irrelevant and that it only needed to prove that false information was reported to the magazines in order to make a case against the defendants.
So, key point to all of you businesspeople out there — don’t ever provide any false information to a publication. It really doesn’t make any difference whether the false information affects your business. The transmittal of false info is the crime.
I wonder if that applies to movie stars and tabloids, too? ;^)
As Fowler reports in his article, this was the second trial in what has been a five-year investigation of natural gas trading practices by Houston-based federal prosecutors and the Commodity Futures Trading Commission. A dozen Houston-area traders have been criminally charged in the trader cases and half of those have plea guilty. Two others — former Dynegy trader Michelle Valencia and former El Paso trader Greg Singleton — were convicted on several wire fraud counts but were acquitted on false reporting charges in 2006. They are still awaiting sentencing.