And the madness continues: When General Electric (NYSE: GE) settled SEC securities fraud charges yesterday by paying a fine of $50 million, it was chump change in the context of the volume of federal assistance the company has already received."GE bent the accounting rules beyond the breaking point," said Robert Khuzami, Director of the SEC's Division of Enforcement.
"Overly aggressive accounting can distort a company's true financial condition and mislead investors." said David P. Bergers, Director of the SEC's Boston Regional Office. "Every accounting decision at a company should be driven by a desire to get it right, not to achieve a particular business objective. GE misapplied the accounting rules to cast its financial results in a better light."
If all that is true, a couple things comes to mind. One, why would the SEC settle the case without requiring GE to admit guilt? And two, why wouldn't they bar the responsible parties from serving as officers or directors for a period of time? The grave accusations being made by the SEC don't seem to gel with the paltry size of the settlement and the lack of long-term repercussions for the company. $50 million is a rounding error on GE's balance sheet, and hardly seems like a serious deterrent. It reminds me of the $500 fine pitchers get for throwing at people's heads -- a great punishment for you and me, but not for a $10 million per year plus endorsements All-Star.
But the most egregious part is that the settlement is being made with our money. Back in November, the federal government agreed to insure as much as $139 billion in debt for GE Capital. So $50 million fine or no, GE is much better off for the help of friendly regulators in Washington. This is exactly the same story as we saw with Bank of America (NYSE: BAC) two days ago, which settled SEC fraud charges by returning about 1/5th of 1% of the bailout money it had received.










Reader Comments (Page 1 of 1)
8-05-2009 @ 5:24PM
Raymond R. Murray said...
SEC IS COMPLETELYWITHOUT ANY ENFORCEMENT CAPABILITY AND IS ONLY A FLY IN THE OINTMENT TO THE BIG CORPORATIONS SUCH AS BANK OF AMERICA AND GENERAL ELECTRIC. G.E. IS NOT ONLY GETTING AWAY WITH FRAUD BUT IS IS BEING CONDONED BY THE GOVERNMENT AND SEC IN SUCH A WAY TO MAKE IT MERELY A SCANT DISTRACTION TO THESE COMPANIES. DO AWAY WITH SEC AND INSTITUITE AN ORGINIZATION THAT IS EMPOWERED TO DEAL WITH THESE FRAUDS BEFORE WE WIND UP WITH THE BOOKS OF THESE CORPORATIONS COOKED AND FINANCIAL FRAUD BRINGING THE ECONOMY TO THE ENRON CONCLUSION.
8-05-2009 @ 6:36PM
Anne said...
Anne from GE here:
Your column above contains several errors of fact and interpretation I'd like to address.
You ask why would the SEC settle the case without requiring GE to admit guilt? Not admitting or denying wrongdoing is standard protocol for SEC settlements -- we are required NOT to admit or deny guilt. Those are the rules and they're dictated by the SEC.
You ask why wouldn't the SEC bar the responsible parties from serving as officers or directors for a period of time? As we disclosed in 2Q07, some employees in our Rail division were disciplined and in some cases separated from the company for inappropriate actions related to this issue. Beyond that, the SEC complaint does not allege any criminal behavior by individuals.
You opine "the grave accusations being made by the SEC don't seem to gel with the paltry size of the settlement and the lack of long-term repercussions for the company." I can't speak to your opinion about what size the penalty should have been, but to provide some context, as a whole, the cumulative net impact of all issues in the complaint decreased GE net earnings by $280M (0.24%) over the period at issue (2001-2007). That's right, the errors reduced GE earnings overall. As to long-term repercussions, as stated in our press release, we are pleased to have strengthened certain processes and controls and we emerge a stronger company.
Finally, you allege that the $50M fine is being paid with "bailout money," which it is not. First off, GE has not received a bailout from the US government. We do not participate in TARP. GE Capital has participated in the loan guarantee program TLGP, for which we have paid TO the government and taxpayers some $1.9 billion in fees. Furthermore, GE (the parent) guarantees the government guarantees provided to GE Capital under the TLGP program, further protecting taxpayers. Incidentally, the $50M SEC settlement fee, which comes out of GE Legal reserves, is paid to the Treasury Dept. and ultimately back to taxpayers.
Appreciate the opportunity to set the record straight.
8-06-2009 @ 10:36AM
hmmm... said...
If Anne is right, and you guys write articles that are THIS misinformed about the regulatory agencies and their connections with the companies you refer to, I don't want to take your stock advice and wont be returning to this site.
8-06-2009 @ 2:35PM
Vic said...
Anne appears to have coordinated a nice alternative view of General Electric's settlement with the SEC. Apparently, GE has made a mistake and no one (i.e., the Federal Government) has suffered from it. Anne, I am a stockholder, and I personally feel that I and other stockholders have suffered tremendously. As you stated, the cumulative impact of the errors reduced GE's earnings. Moreover, GE was required to pay (out of its legal reserves) a $50 million fine to the taxpayers. This amount pales in comparison to the millions GE exausted on legal expenses related to this case. Anne, while I am sure some will relish in your statement that the $50 million fine will "ultimately go back to taxpayers", it does nothing to enhance confidence of the many stockholders of GE. You see, in our minds, we feel that millions of dollars that have been lost are a reflection of the current management of GE. Yet there is no visible accountability. I would imagine that if the senior management team of GE were required to pay the fines and associated legal costs, there would be a far greater emphasis on accurate financial reporting. I'm sure GE will take "corrective" action as "deemed appropriate", but as a stockholder, I think the CEO needs to be held accountable. However, even with his dismal performance since Welch retired, I don't think he will ever be held accountable (and that sets the tone for the rest of the company).
Anne, I appreciate the opportunity to set the record straight as well.
8-06-2009 @ 4:16PM
MaryLou Michelin said...
In my opinion Jeff Immelt should be in the cell next to Mr. Madoff, for a much longer period of time. He has ruined GE and the retirees and stock holders are really suffering. He does not even care. Immelt in Prison!
8-07-2009 @ 1:00PM
Jennifer Dajo said...
I highly recommend the best movie I have seen about Stock market manipulation: Stock Shock. It is easy to understand and entertaining. On DVD only, of course. Amazon sells "Stock Shock." trailer is at www.stockshockmovie.com