The End of the Backdating Lottery?

backdatingLarry Ribstein from the blogosphere and Holman Jenkins from the financial media have been leaders over the past several years in exposing the Department of Justice’s disingenuous campaign to criminalize the corporate compensation technique commonly known as backdating stock options.

Now, with Judge Wright’s sentencing decision last week in the criminal case of former KB Home executive Bruce E. Karatz, Ribstein and Jenkins’ insight has finally been judicially adopted. The real crime in the backdating scandal was that prosecutors and the mainstream media once again jumped to create a witch hunt targeting wealthy businesspeople even though it was far from clear that backdating was actionable from a civil standpoint, much less a criminal one.

So, what drives this damaging syndrome? We use myths – such as that wealthy businesspeople must have cheated to make so much money — to distract us from our innate vulnerability. We rationalize that a wealthy and powerful person did bad things that we would never do if placed in the same position even though we really have no idea how we would react to the incentives that the object of scorn faced. As a result, we ridicule the rich and powerful as we attempt to purge collectively that which is too shameful for us to confront individually.

Beyond the shattered careers, lives and families that lay in the wake of this syndrome, it is incredibly damaging to our society in other important respects.

For example, business prosecutions over merely questionable business judgment obscure the true nature of risk and fuel the myth that investment loss results primarily from criminal misconduct rather than market forces. In reality, business risk is what leads to valuable innovation and wealth creation. Throwing creative and productive business executives such as Michael Milken and Jeff Skilling in prison does nothing to educate investors about the true nature of risk and the importance of such investment strategies as diversification.

Moreover, ignorance about business risk has led in part to the criminalization of business lottery that is arguably best reflected in the selective prosecutions of the backdating cases. That lottery simply breeds even more cynicism for the rule of law.

So, isn’t it about time that we put such an obviously damaging syndrome to rest for good?

 

Putting the Pencil to the Federal Budget

CalculatorSeveral days ago, I posted on Twitter about the NY Times federal budget calculator, which is receiving well-deserved praise around the blogosphere.

For example, economists such as Clear Thinkers favorites David Henderson and Arnold Kling  — as well as financial columnist James Pethokoukis — provide their views on what spending cuts to make in balancing the budget within a reasonable period of time without raising taxes.

As John Goodman points out, though, the elephant in the parlor in cutting the budget is how to corral Medicare costs without causing corresponding harm to the elderly. Details, details  .   .   .

Nevertheless, Professor Henderson sums up the importance of the calculator as an educational tool:

Here’s a prediction: if the New York Times keeps this game up on its site, a whole lot of people are going to be more sympathetic to cutting government and more optimistic that it can be done.

One of my objections to Tea Partiers is how uninformed some of them are about the numbers. Now, thanks to the New York Times, they don’t have to be.

Will Security Theater Endure?

nun-muslim-frisk-300x261Regular readers of this blog know that I’ve been critical of the Transportation Security Administration’s absurdly inefficient and largely worthless airport screening procedures for five years now.

Although always hopeful, I never thought that it was realistic to dismantle the TSA entirely. Sadly, it’s become yet another governmental jobs program with its own vested interests lobbying for its existence in perpetuity.

Nevertheless, I remained hopeful that something could eventually be done to constrain the TSA’s seemingly unfettered capacity to make airline travel an mostly miserable experience.

So, the recent groundswell of opposition to the TSA’s latest  outrage in screening procedures – as summarized in this Art Carden/Forbes article (see also pilot Patrick Smith’s Salon op-ed here)- has been an unexpected but welcome movement. I mean, really. How many more TSA outrages such as the that  John Tyner chronicled will have to occur before politicians who oppose constructive change will be at risk of losing their jobs?

As airlines brace for the possible negative impact that the TSA agents’ boorish actions may have on the upcoming holiday travel season, David Henderson notes one of the unanticipated consequences of the TSA’s chilling effect on airline travel:

.   .   . let’s remember the stakes. It’s not just our privacy, our dignity, and our right not to be sexually assaulted. It’s also about our lives. People who decide to drive rather than take a short-haul flight will face approximately 80 times the fatality rate per mile that people on commercial airlines face.

The TSA is killing people.

Moreover, beyond the infantile behavior of TSA agents, the wasted time and expense resulting from these procedures is appalling. Michael Chertoff, the former head of Homeland Security, promoted the supposed benefits of the new scanners when he was in office, and now he is a lobbyist persuading TSA to buy them!

As with the overcriminalization of American life, the TSA is another symbol of a federal government that is increasingly remote and unresponsive to its citizens.

Is this a trend that can be changed? Perhaps the curious case of the TSA will answer that question.

First Aid Tips

firstaidFollowing on periodic posts regarding developments in providing first aid, Dr. Alex Lickerman provides his top ten rules for providing first aid that everyone needs to know:

1. Don’s panic.

2. First do no harm.

3. CPR can be life-sustaining.

4. Time counts.

5. Don’t use hydrogen peroxide on cuts or open wounds.

6. The two most important pieces of info when someone passes out is the pulse rate and the length of time before consciousness returns.

7. High blood pressure is rarely acutely dangerous.

8. If a person can talk or cough, their airway is open.

9. Most seizures are not emergencies.

10. Drowning doesn’t look like what you think it does.

Elaboration on the foregoing rules is here. Good information to pass along to family members and friends.

A Question for Kent Friedman

Reliant StadiumHarris County Sports Authority Board Chairman J. Kent Friedman is not concerned that the Sports Authority has had to dip into its cash reserves for the first time in order to make a debt service payment on the junk debt it issued to finance construction of Reliant Stadium:

Friedman said paying off a 30-year mortgage in five years could produce a windfall.

"The savings on that is staggering" as the authority avoids years of interest payments, Friedman said. "The Sports Authority, and, by extension, the community, will be a lot better off if we can pay these bonds off early."

Which raises the question that, if such is the case, why did the Sports Authority finance the bonds over 30 years in the first place?

What’s most interesting about this situation is the change that it reflects in regard to public financing of stadiums. JP Morgan Chase has evaluated the situation and concluded that tax revenues dedicated to the bonds are so risky in the future that it is better off forcing the Sports Authority to dip into reserves and pay off the bonds in five years.

Could the fact that Harris County continues to dither over the mothballed Astrodome – which still is subject to over $30 million in bond indebtedness – have something to do with JP Morgan Chase’s decision?

Or is JP Morgan Chase simply hedging its risk regarding another bubble?

An unintended consequence of Medicare

medicare2008A frequent topic on this blog has been the demise of primary care under our third-party payor-dominated health care finance system.  Richard M. Hannon, a Blue Cross-Blue Shield executive, provides a particularly lucid explanation in this recent WSJ op-ed on how one of the unintended consequences of Medicare was the negative impact it had on the delivery of primary care to patients:

Medicare introduced a whole new dynamic in the delivery of health care. Gone were the days when physicians were paid based on the value of their services. With payment coming directly from Medicare and the federal government, patients who used to pay the bill themselves no longer cared about the cost of services.

Eventually, that disconnect (and subsequent program expansions) resulted in significant strain on the federal budget. In 1966, the House Ways and Means Committee estimated that by 1990 the Medicare budget would quadruple to $12 billion from $3 billion. In fact, by 1990 it was $107 billion.

To fix the cost problem, Medicare in 1992 began using the "resource based relative value system" (RBRVS), a way of evaluating doctors based on factors such as education, effort and specialized training. But the system didn’t consider factors such as outcomes, quality of service, severity or demand.

Today most insurance companies use the Medicare RBRVS because it is perceived as objective. As a result of RBRVS, specialists-especially those who perform a lot of procedures-do extremely well. Primary-care doctors do not.

The primary-care doctor has become a piece-rate worker focused on the volume of patients seen every day. As Medicare and insurers focused on trimming the costs of the most common procedures, the income and job satisfaction of primary-care doctors eroded.

So these doctors left, sold or changed their practices. New health-care service models, such as the concierge practice and the Patient-Centered Medical Home, drew doctors away from the standard service models that most patients rely on for coverage.

All of these factors have contributed to a fragmented, expensive health system with most of the remaining doctors focused on reactive instead of preventive care.

The solution to the problem is making primary-care physicians the captains of the ship. They must have the time and financial resources necessary to take care of their patients, tailoring care to patients’ specific conditions and needs. And they need the data to track their patients’ results, so they can guide patient progress. They will then be able to slow (and sometimes reverse) their patients’ illnesses, keeping them out of hospital emergency rooms and specialists’ offices. The end result: reduced costs and improved quality of care.

So who really killed primary care? The idea that a centrally planned system with the right formulas and lots of data could replace the art of practicing medicine; that the human dynamics of market demand and the patient-physician relationship could be ignored. Politicians and mathematicians in ivory towers have placed primary care last in line for respect, resources and prestige-and we all paid an enormous price.

The pervasive effect of the now engrained third-party payor system of health care finance is that many patients do not feel any responsibility for their health care expenses.  As Arnold Kling has observed, why do we think that that we cannot possibly afford high-quality health care if we have to pay for it individually, but we can afford it if we pay for it collectively?

Dennis Hopper talks about Hoosiers

Given that the basketball season is now in full swing, don’t miss the late Dennis Hopper comments on the best movie about basketball ever made, Hoosiers (1986), including his co-star Gene Hackman’s trepidation during shooting of the movie’s prospects for success.