On Nov 1, 2010, at 11:10 AM, [email protected] wrote:

> First impression : Absolutely profound analysis. Will need some time for this 
> to sink in.
> Want to think about this for a while, but WOW !  what great insights.
>  
> Big observation :  Where is this wrong ?  Damned if , at least for now,
> I can see any serious flaws. Seems to hit the nail on the head with a 
> sledgehammer.
> There are other arguments that knock the props out from under classical 
> laissez faire
> ( some of which is perfectly OK, but NOT as an infallible theory that covers
> all bases, which it cannot do ), but this utterly flattens that theory.
>  
> WWLS ?  What will libertarians say ?

They would probably say the solution is greater transparency in accounting 
regulations, rather than *business* regulations which only increase complexity 
and inspire fraud.

As usual, they'd be about 1/3 right...

-- Ernie P.

>  
> Billy
>  
> =====================================================
>  
>  
>  
> In a message dated 11/1/2010 9:39:21 A.M. Pacific Daylight Time, 
> [email protected] writes:
> I think Billy will like this.   True, neo-classical economics in theory 
> recognizes this as part of the danger of agency failure, but in practice 
> virtually nobody seems to have made any effort to understand (much less 
> mitigate) this threat.
> 
> Especially since the line between "fraud" and "creativity" is awfully thin, 
> when it comes to accounting...
> 
> -- Ernie P.
> 
> http://www.schneier.com/
> 
> Schneier on Security
> 
> A blog covering security and security technology.
> 
> « Halloween and the Irational Fear of Stranger Danger | Main
> 
> November 1, 2010
> 
> Control Fraud
> 
> I had never heard the term "control fraud" before:
> 
> Control fraud theory was developed in the savings and loan debacle. It 
> explained that the person controlling the S&L (typically the CEO) posed a 
> unique risk because he could use it as a weapon.
> The theory synthesized criminology (Wheeler and Rothman 1982), economics 
> (Akerlof 1970), accounting, law, finance, and political science. It explained 
> how a CEO optimized "his" S&L as a weapon to loot creditors and shareholders. 
> The weapon of choice was accounting fraud. The company is the perpetrator and 
> a victim. Control frauds are optimal looters because the CEO has four unique 
> advantages. He uses his ability to hire and fire to suborn internal and 
> external controls and make them allies. Control frauds consistently get 
> "clean" opinions for financial statements that show record profitability when 
> the company is insolvent and unprofitable. CEOs choose top-tier auditors. 
> Their reputation helps deceive creditors and shareholders.
> 
> Only the CEO can optimize the company for fraud.
> 
> 
> This is an interesting paper about control fraud. It's by William K. Black, 
> the Executive Director of the Institute for Fraud Prevention. "Individual 
> 'control frauds' cause greater losses than all other forms of property crime 
> combined. They are financial super-predators." Black is talking about control 
> fraud by both heads of corporations and heads of state, so that's almost 
> certainly a true statement. His main point, though, is that our legal systems 
> don't do enough to discourage control fraud.
> 
> White-collar criminology has a set of empirical findings and theories that 
> are useful to understanding when markets will act perversely. This paper 
> addresses three, interrelated theories economists should know about. "Control 
> fraud" theory explains why the most damaging forms of fraud are situations in 
> which those that control the company or the nation use it as a fraud vehicle. 
> The CEO, or the head of state, poses the greatest fraud risk. A single large 
> control fraud can cause greater financial losses than all other forms of 
> property crime combined they are the "super-predators" of the financial 
> world. Control frauds can also occur in waves that can cause systemic 
> economic injury and discredit other institutions essential to good government 
> and society. Control frauds are commonly able to defeat for several years 
> market mechanisms that neo-classical economists predict will prevent such 
> frauds.
> "Systems capacity" theory examines why under deterrence is so common. It 
> shows that, particularly with respect to elite crimes, anti-fraud resources 
> and willpower are commonly so limited that "crime pays." When systems 
> capacity limitations are severe a "criminogenic environment" arises and crime 
> increases. When a criminogenic environment for control fraud occurs it can 
> produce a wave of control fraud.
> 
> "Neutralization" theory explores how criminals neutralize moral and social 
> barriers that reduce crime by constraining our decision-making to honest 
> enterprises. The easier individuals are able to neutralize such social 
> restraints, the greater the incidence of crime.
> 
> [...]
> 
> White-collar criminology findings falsify several neo-classical economic 
> theories. This paper discusses the predictive failures of the efficient 
> markets hypothesis, the efficient contracts hypothesis and the law & 
> economics theory of corporate law. The paper argues that neo-classical 
> economists' reliance on these flawed models leads them to recommend policies 
> that optimize a criminogenic environment for control fraud. Fortunately, 
> these policies are not routinely adopted in full. When they are, they produce 
> recurrent crises because they eviscerate the institutions and mores vital to 
> make markets and governments more efficient in preventing waves of control 
> fraud. Criminological theories have demonstrated superior predictive and 
> explanatory behavior with regard to perverse economic behavior. This paper 
> discusses two realms of perverse behavior the role of waves of control fraud 
> in producing economic crises and the role that endemic control fraud plays in 
> producing economic stagnation.
> 
> 
> Posted on November 1, 2010 at 6:02 AM • 16 Comments
> 
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> 
> 
> 
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> 
> -- 
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> <[email protected]>
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