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Judge Issues Harsh Ruling on BOA/Merrill Deal

The New York Times reported that Judge Jed S. Rakoff has refused to approve a $33 million deal “that would have settled a lawsuit filed by the Securities and Exchange Commission against the Bank of America.”

Judge Rakoff cited BOA’s disclosure of controversial bonuses paid to Merrill Lynch employees, which amounted to $3.6 billion and were paid out just before Merrill was acquired by BOA.

He accused the S.E.C. of failing in its role as Wall Street’s top cop by going too easy on one of the biggest banks it regulates. And he accused executives of the Bank of America of failing to take responsibility for actions that blindsided its shareholders and the taxpayers who bailed out the bank at the height of the crisis.

The SEC could appeal Judge Rakoff’s decision, drop the case, take it to trial against the bank, or pursue charges against individuals.

After the Fall: One Year Later, Still No Regulations

President Obama gave a speech on Wall Street today that sent a strong message: We must learn from last year’s financial collapse and improve our national regulatory system to fix its underlying weaknesses.

“Instead of learning the lessons of Lehman and the crisis from which we are still recovering, they are choosing to ignore them,” Mr. Obama said in a speech at Federal Hall in Lower Manhattan.

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“They do so not just at their own peril, but at our nation’s … I want everybody here to hear my words. We will not go back to the days of reckless behavior and unchecked excess at the heart of this crisis, where too many were motivated only by the appetite for quick kills and bloated bonuses.

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Those on Wall Street cannot resume taking risks without regard for consequences, and expect that next time, American taxpayers will be there to break their fall.”

These are the strongest statements I have heard from the president on how better risk management — internally at banks, systematically from the regulators and philosophically from those working on Wall Street — must be embraced. With Obama using so much of his political capital and “mandate for change” on health care (albeit with little progress), it remains to be seen if he will be able to spur Congress to enact any progress on reforming the financial industry. The White House certainly hasn’t been able to get Capitol Hill to do much thus far.

From the Wall Street Journal:

Mr. Obama’s planned overhaul would dramatically rewrite the rules of the road for the U.S. financial sector, with new protections for consumers and safeguards against the potential collapse of more big banks. But it is unclear if Congress can unite behind a revamp on Mr. Obama’s timetable, given the time-consuming debate over health care and disagreements between lawmakers on the major components of the overhaul.

The Atlantic ran its piece today to mark the anniversary of the collapse, looking at “5 Reasons to Worry.” In their first reason, they warn against the fact that “in the U.S. and many other countries, the too-big-to-fail banks have become even bigger,” according to Joseph Stiglitz, a Nobel-winning economist and the former chief economist at the World Bank. Among the other four reasons to worry are: continued federal subsidies, unchecked greed and unregulated derivatives.

Those in the risk management industry are unfortunately accustomed to having their advice ignored. Twelve months after the largest collective failure of financial risk management to occur in my lifetime, however, it remains shocking that so little has been done to fix the problem.
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Shocking Stats on Workplace Suicides

The U.S. Bureau of Labor Statistics recently reported that workplace suicides  jumped 28% from 2007 to 2008, reaching a record high of 251 for last year. Keep in mind these numbers are comprised only of those suicides which occur at the work site.

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“Suicides occurring outside of the workplace or not on work time may also be included, but only if the [Census of Fatal Occupational Injuries] program has documentation of the work relationship.”

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Here’s a breakdown of those numbers:

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The research reveals that of the 251 suicides in 2008, 236 of them were committed by men (94%). Also, workers age 45-54 accounted for the age group with the highest number of suicides (36%) and an overwhelming majority of the 251 were white (78%).
The occupations that experienced the largest increases in suicides from 2007 to 2008 were protective service occupations and transportation and material moving occupations.

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Approximately one-third of the total protective service suicides in 2008 were police officers.

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SEC Proposes Disclosure of Risk Management Practices

Back on July 1, the Securities and Exchange Commission voted 3-2 in favor of proposed changes for compensation and board risk management disclosures. The report was released July 10 and comments on the proposals are due Sept. 15, with the commissioners planning to move swiftly to implement these new measures beginning 2010.

Among the proposed changes within the 137-page report is a rule that would force public corporations to disclose the board’s role in overseeing the management of inherent operational and financial risks.

Disclosures of the board’s role in the risk management process may also benefit investors. Expanded disclosure of the board’s role in risk management may enable investors to better evaluate whether the board is exercising appropriate oversight of risk management.

The report goes on to state that the proposed amendments should, among other things, increase the efficiency and competitiveness of the U.S. capital markets by providing investors with additional information on risk incentives and corporate risk management practices.

The key recommendation? A change in short-term incentives for employees:

Indeed, one of the many contributing factors cited as a basis for the current market turmoil is that at a number of large financial institutions the short-term incentives created by their compensation policies were misaligned with the long-term well being of the companies. By contrast, well-designed compensation policies may enhance a company’s business interests by encouraging innovation and appropriate levels of risk taking.

The proposed amendments to disclosure are likely to be implemented in hopes of preventing a future financial crisis like the one we’ve seen and are currently recovering from, albeit slowly. This proposed SEC rule proves that risk management will continue to be at the forefront of every action and decision a public company will make.

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How is your company preparing to spread the role of risk management and implement SEC rule 33-9052?

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