Monthly Archives: December 2008

John Gapper

I am taking a Christmas – and Hanukkah and other festivals – break. I plan to be back with you in the New Year. Happy holidays to all and, to those lawyers, bankers etc who have to keeping working through the break, commiserations.

John Gapper

It strikes me that one New Yorker who has reason to be grateful to Bernie Madoff as the year concludes – and there are not many – is Dick Fuld.

Until Mr Madoff came along, Mr Fuld was set to be the face of the 2008 financial crisis, and to attract the lion’s share of the opprobrium that came with it. He had even been pictured on the cover of New York Magazine in devil’s horns.

But Mr Madoff’s alleged fraud makes Mr Fuld look angelic by comparison. He suffered from hubris, miscalculated Lehman’s strength and pushed it to the brink, but it was an honest mistake.

The people who suffered from his error were Lehman’s shareholders (including Mr Fuld himself) rather than individuals who placed their entire trust, and life savings, with Mr Madoff.

Mr Fuld’s conduct may have seemed devilish at the time but that was then, and this is now. Mr Madoff is now under 24-hour house arrest, partly for his own protection, so badly is he regarded.

John Gapper

If Bernie Madoff has lost $50bn of other people’s money, as he is said to have admitted, why did they trust him with it?

With hindsight, the whole affair seems deeply implausible. We know that nobody produces rock-steady returns of 15 per cent or more, year in and year out, unless he or she is either a genius or a crook.

Yet people lined up to entrust their savings to Mr Madoff. Many of them got a tip from a friend or adviser about a Wall Street operator with a great record. The Madoff broker network also included many funds of funds and private banks that oozed financial sophistication.

The rest of the column can be read here. Please post comments below.

John Gapper

I can see two obvious flaws in the proposal by David Paterson, governor of New York (and Eliot Spitzer’s successor) to impose a “fat tax” on soft drinks such as Coca-Cola and Pepsi while allowing the diet versions of the drinks to escape.

One is that, if it really worked as advertised in making people cry off Coke and Pepsi, then the measure would not raise sorely-needed taxes for New York. In practice, the health aspect seems more like a cover story, rather like marketing taxes on petrol as “green taxes”.

The second is that I suspect it would be a very regressive tax. While people from all income brackets drink sugary soda sometimes, I think the upper middle class must drink less of it than poorer people.

Indeed, one of the notable social divides is modern society – which is evident in New York in particular – is that rich people tend to be thinner than poor people. Their diet is better and they are more inclined to keep fit.

It is an unfortunate fact, but it does mean that “health taxes” probably end up hitting the poor disproportionately.

John Gapper

If Eliot Spitzer had had to choose a venue at which to make his re-entry into society, he would presumably not have selected a former massage parlour in Chinatown on the Lower East Side of Manhattan.

But Mr Spitzer, who resigned as governor of New York state after getting caught up in a call girl scandal this spring, did not get the choice. Happy Ending, the former parlour in question, is now a sleek bar and it is where Slate, the online magazine was holding its seasonal drinks party.

Mr Spitzer this month week started to write a column for Slate as part of his comeback – he wrote last week about the Detroit bail-out – and so he showed up at the Slate party to be sociable.

The first I knew of it, since I was there last night, was when Mr Spitzer’s familiar face appeared, asking where he could find Jacob Weisberg, Slate Group’s editor-in-chief. I pointed through a crowd of people in his direction.

“Don’t worry,” Mr Spitzer replied cheerfully, starting to make his way through the crowd. “I’ve got sharp elbows.”

I went over afterwards to ask him how he was enjoying life as a columnist. “It sucks,” he said with a grin. “I used to be governor of New York”.

Mr Spitzer presumably knew he was walking into the lion’s den since he was surrounded by journalists, but he was unabashed. I rather admired his chutzpah and his willingness to turn up with just a sense of humour to protect him.

John Gapper

Lawrence Lessig, the Stanford law professor who has become a leading expert on copyright and other matters affecting Silicon Valley companies (including, see below, net neutrality) is moving back to Harvard.

I like the sound of his new job, as director of the Edmond J. Safra Foundation Centre for Ethics:

Lessig will expand on the centre’s work to encourage teaching and research about ethical issues in public and professional life. He will also launch a major five-year project examining what happens when public institutions depend on money from sources that may be affected by the work of those institutions — for example, medical research programs that receive funding from pharmaceutical companies whose drugs they review, or academics whose policy analyses are underwritten by special interest groups.

The conflicts of interest in medical and academic research have always struck me as being interesting – not to say, disturbing. And Mr Lessig has a reputation for being plain-spoken, indeed outspoken, on legal and ethical matters.

His latest book, Remix, was short-listed for this year’s Financial Times-Goldman Sachs Business Book of the Year award. I look forward to the outcome of his latest field of research.

John Gapper

The Wall Street Journal has a story this morning suggesting that Google has stepped back from its support for network neutrality by suggesting to internet service providers that it puts technology at their facilities to cache its content locally.

Google has struck back by denying that this idea – which would help to speed up the rate at which internet users can access web pages and video from Google and YouTube – is either a change of its stance, or a breach of net neutrality principles.

It says this is by no means the same as a cable or telecoms broadband provider in the US charging some content companies to access a “fast lane” that would deliver their stuff to the consumer faster than other companies using the pipe.

Google may be right that it has not changed its position. But it does show why the notion of legislating net neutrality is so thorny. When I wrote a column about this two years ago, I did not support legislation, despite my sympathy for the basic principle.

Big companies do in practice deliver their services more rapidly than small ones because they have the technology and the resources to provide local caching and other speed-up tricks. As a result, the consumer’s experience is not neutral.

It still seems to me that the big problem for the US is a lack of adequate competition to provide broadband access to homes and offices. This, I believe, is due to insufficiently robust regulation of telecoms companies compared with Europe.

In countries such as France and the UK, the unbundling of telecoms networks to allow new competitors to offer broadband services led to robust price competition and has made it less likely that any one provider can distort the network.

By the way, here is the view of Richard Waters, my colleague in San Francisco, who is more of an expert on these matters than I.

John Gapper

The retirement of Robert Scully from the office of the chairman at Morgan Stanley makes me wonder more broadly about how many bankers who have not been forced out by their banks may decide to hang up their hats anyway.

Look at it this way: if you have been with an investment bank for a long time, and have accumulated some wealth, it must be tempting now to step out of the door. Few people think the industry will recover quickly, and there is a decent chance that its best days – certainly in terms of bonuses – are in the past.

The other straw in the wind is that Goldman Sachs is thinking of changing its retirement policy from a “rule of 55″ to a “rule of 60″. That means that, from next year, Goldman’s employees will have to wait until their combined age and years of service add up to 60 before being able to cash in their restricted shares on leaving.

Until now, Goldman has positively encouraged many senior employees who reach 50 or so to leave so as to clear space for people coming up from more junior ranks. The move looks like a signal that it now wants to retain more of its senior layer.

In a sense, that is not surprising. Goldman faced internal doubts and partner retirements after it lost money in the 1994 bond market rout. Some people then thought it might be better to take their money out rather than keep risking it with the bank.

Of course, Goldman employees who stuck with the bank did very well out of that decision over the ensuing dozen years. But Wall Street compensation is so rich in the good times that many people may be tempted to walk when trouble strikes.

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This blog is mainly about business and strategy and how and why people who run companies take the decisions that they do.

Most of the time, John Gapper is in New York and Andrew Hill is in London. We occasionally debate business issues between us, but your comments and criticism are welcome.




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About John and Andrew

John Gapper is an associate editor and the chief business commentator of the FT. He has worked for the FT since 1987, covering labour relations, banking and the media. He is co-author, with Nicholas Denton, of All That Glitters, an account of the collapse of Barings in 1995.

Andrew Hill is an associate editor and the management editor of the FT. He is a former City editor, financial editor, comment and analysis editor, New York bureau chief, foreign news editor and correspondent in Brussels and Milan.

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