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Covering the Front and Back Pages of the Newspaper
March 29, 2010
POLITICS: 8-K? What's An 8-K?
Coming as it does somewhat within my area of professional expertise, this is perhaps the most alarming example yet of the complete ignorance of the Obama Administration and Capitol Hill Democrats regarding how business operates - and to think these same people will be voting on overhauling financial services regulation: The White House political and legislative operations were said to be livid with the announcement by several large U.S. companies that they were taking multi-million or as much as a billion dollar charges because of the new health-care law, the issue was front-and-center with key lawmakers. By last Friday, AT&T, Caterpillar, Deere & Co., and AK Steel Holding Corp. had all announced that they were taking the one-time charges on their first-quarter balance sheets. More companies were expected to make similar announcements this week. Read the whole thing. H/T Moe Lane. Then, read Mark Steyn's explanation of the specific change at issue and why it's likely to change corporate behavior: In 2003, Washington blessed a grateful citizenry with the Medicare prescription drug benefit, it being generally agreed by all the experts that it was unfair to force seniors to choose between their monthly trip to Rite-Aid and Tony Danza in dinner theatre. Now, let me explain this real simple: If you do something that's going to cost a company a lot of money, they have a whole lot of legal reasons why they have to tell their shareholders that sooner or later. And, if they're being prudent, they will tell them sooner rather than later when it starts showing up in the company's cash flow and the stockholders panic. Dennis the Peasant goes through this in a bit more detail, and he and Erick and Ace all look at Waxman's plan to drag the disclosing CEOs before a Congressional committee to explain why they are daring to inform their shareholders of the impact that the new regulations, specifically the withdrawal of tax breaks, will have on their business. At least honest leftists would admit that yes, they were doing something genuinely harmful to publicly traded employers, although honest leftists would next try to pass even more laws to prevent the companies from doing anything to pass on the costs to employees, customers and/or taxpayers so as to preserve enough return to shareholders to enable the company to keep raising capital to stay in business. But in the happy-fairy-land of guys like Obama and Waxman, there are never any costs or tradeoffs to heaping new taxes and regulations on businesses in the middle of a recession, and no behavioral incentives changed when you meddle with the tax code. The level of ignorance here is staggering. George W. Bush understood this stuff. Sarah Palin understands this stuff. Yet, these people whose self-image depends on telling themselves how much smarter than Bush and Palin they are, are continually taken by surprise by these things. Posted by Baseball Crank at 6:56 PM
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Well, when you're a Liberal and beleive that money grows on trees and you can spend your way to prosperity, why wouldn't you be hopping mad when the real world impugns on the sensibilities of your happy-fairy-land? Great post, Crank. Posted by: Tom at March 30, 2010 8:09 AMThis administration reminds me of several salesmen I have worked with. They make all kinds of promises and dictate what their company is capable of and then leave others to figure out how to make it happen. Then they express shock when they are told that what they just promsed isn't possible in the timeframe they claimed. No sense of reality. Posted by: maddirishman at March 30, 2010 8:24 AMDomanech is not clear on why the CEO's wouldn't just step to the mic and tell the truth. I understand these congressional kangaroo courts are ridiculously one-sided, but the witnesses do get their say. And it doesn't take very long to say, "We have to disclose this because it's the truth." Posted by: spongeworthy at March 30, 2010 9:46 AMSurprisingly good post, Crank. This is hardly the kind of thing that requires a Congressional hearing. It's a no-brainer for the company to report this. You have a tax expense that you -know- you are going to incur in the future versus a theoretical, overall decline in health care expenses which is a maybe - at best - in the medium/long term. So you disclose what you know and report the expense. This could be the most pointless Congressional investigation since the steroid hearings. Posted by: MVH at March 30, 2010 11:44 AMMVH: Yes, it is pointless to any sane minded individual who is not bound by ideological ties to the an entirely imprudent position. No, to Stupak, Reid, Obama, Pelosi, et al., this is not an exercise in pointlessness, it's another attempt to stoke the populist fires one more time in an effort to direct attention away from their blatant power grab. Posted by: AgentW at March 30, 2010 12:09 PM "it's another attempt to stoke the populist fires one more time..." I was going to amend my post to mention that, but you saved me the trouble. Posted by: MVH at March 30, 2010 12:23 PM"it's another attempt to stoke the populist fires one more time..." MVH, Berto, the discovery that people in government don't know jack about the economy does not, in any rational universe, support giving the government more control over the economy. And yes: there are only two possible outcomes to a class war; either you replace the rich people with different rich people, or you destroy wealth altogether and impoverish everybody. You can choose the Zimbabwean economic model, but no thanks. As for your hatred of Catholicism, you clearly don't understand Church history or the concept of sin, evidence of which is pervasive in human history within and without the Church. Christianity exists to address the reality of sin, not as a futile attempt to abolish it. Posted by: Crank at March 30, 2010 1:07 PMBerto, I could argue with you, but what's the point? You've already decided what the problem is and who is to blame, and in doing so, you've drastically oversimplified a complex economic crisis in which many parties - rich, poor, government, corporations, ratings agencies - can be accused of greed, incompetence, and outright stupidity. If it makes -you- feel morally superior only to blame the "rich," go ahead. But I notice you offer no solutions other than to condemn the two-party system in place of ....funny, you've never mentioned what exactly what you want, I wonder why.... In short, you are exactly the kind of liberal that guarantees Rush Limbaugh a conservative audience year after year. Do yourself a favor, pick up a standard textbook on economics or international political economy, and read it. And by the way, when Crank mentions researching Catholic history, he is not talking about the Da Vinci Code. Posted by: MVH at March 30, 2010 2:14 PMWell Crank, here's what I learned about Jesus from reading your site. 2) Based on point number 1, Jesus was an asshole. Posted by: Berto at March 30, 2010 7:38 PMCrank, We need to get a higher class of liberal fools to post on the site. Berto, etc. are getting old and say pretty worthless things. I think it is nice of you that you have not banned them from the site-I would have. As for Berto's comments about Jesus. As God probably said to George Carlin when he showed up at the pearly gates "Hey George, how funny are those jokes now?" Posted by: Lee at March 31, 2010 7:30 AMLee, It almost makes me want to pretend to be a liberal for a week just to show them what a logically consistent liberal argument might look like, minus the nonsense about racism, class warfare, and fairy-tale economics. And there are much better liberal arguments, but these aren't even close. I would have thought they would have been shamed into coming up with better arguments by now, but apparently not. Posted by: MVH at March 31, 2010 9:11 AMCrank, I have reviewed and analyzed securities disclosures for over 20 years and, in nearly every case, companies disclose adverse impacts and take charges on their balance sheets only when they absolutely have to. The actions of the companies you discuss sounds fishy to me. Also, the only "source" for your claims of ignorance (as opposed to political argument) is an anonymous industry lobbyist. Having practiced in DC ofr 30 years, here's a secret, those guys lie, especially when it is off the record. Finally, O/T, but I watched your buddy Erick Erickson on CNN explaining, or trying to, his inflammatory rhetoric. If his explanations are genuine, and he really intends to chosse his words more wisely, he might be interesting to listen to. Posted by: Magrooder at March 31, 2010 10:21 AMMVH, Re: "nonsense about racism" It's not the cost of healthcare reform. Again, not a peep from them when almost $9 billion of tax-payer money "went missing" in Iraq. Instead they supported tax cuts during wartime while chanting their mantra: "Reagan proved deficits don't matter". Lee, True. You seem too thin-skinned to allow someone to point out your hypocrisy. Posted by: Berto at March 31, 2010 11:48 AMBerto, As I said, it is waste of time to try arguing with you, but I will clarify my point about the poor. Yes, I'm sure predatory lending occurred to some extent, but if you really think that all of these people who signed these mortgages were in the dark about what risks they were taking, you are out of your mind. It's not hard to figure out if you can afford a monthly payment on a mortgage, and that monthly payment is unambiguously stated on the loan documents - it's required by law after all. So are the interest rates, and the terms of these mortgages. These people also were aware - or should have been aware - of the risk that they could lose their job or encounter some other financial hardship that could affect their ability to repay. Many of these people could never afford a home in the first place, and they took a major risk. I read one sob story about this lady who was facing foreclosure and was stubbornly refusing to give up her home. It turns out she and her husband had purchased the home when they were married. Unfortunately, they got a divorce, and then she had job trouble. Now did she do the sensible thing and sell her home after the divorce? No, she didn't - she said "I'm never giving up my home" and in all likelihood is still dragging out the foreclosure for a house that she can probably never afford on one income. Am I supposed to feel sorry for her because she can't be a homeowner? So yes, Berto, those people who could never have afforded a home in the first place do bear their share of the blame. Posted by: MVH at March 31, 2010 12:36 PMTo borrow an old SNL line MVH, To Rob a Country, Own a Bank: Despite the obvious fraud involved, there has not been a single arrest, indictment, or conviction of a senior insider at a major non-prime lender. I get it. You believe your "sob story lady" should be held accountable. OTOH, you also believe anyone who thinks the rich, connected and powerful should also be held accountable is just playing the "class warfare card".
madirishman, "You believe your "sob story lady" should be held accountable. OTOH, you also believe anyone who thinks the rich, connected and powerful should also be held accountable is just playing the "class warfare card"." No, as I told you quite clearly, I think everyone has their share of the blame. You are assuming I'm supporting the rich because that's what you want to believe. No one is denying the problems these companies caused. But you are ignoring the fact that it takes two parties to make a loan agreement. You are naively calling one party a shark and the other a sucker, as if homebuyers can't be expected to do some basic math. The lenders can't repackage what they can't sell. "Now you want to dismiss my arguments because they show how shameful your attitude is. " No, I am dismissing your arguments - as usual - because they are simplistic. You can't understand why the government -had- to bail out the financial system, regardless of blame, for two reasons: (1) you don't know much about economics; and (2) you prefer to stick to your own naive, morally self-serving assumptions about the rich and the poor. Of course, given your previous statements that you would have preferred to see the economy crumble to the ground rather than be saved, your concern for the poor obviously doesn't run too deep. Posted by: MVH at March 31, 2010 3:31 PMSorry Berto, that was about all the effort your argument was worth. Posted by: maddirishman at March 31, 2010 10:51 PMMVH, Clarification: In the prior comment, I'm referring to Jesse James the train robber, not Sandra Bullock's husband. :-)
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