Mammon's Peach Notes on the War of Mammon against Human Values in Law, Politics, and Society.
You cannot serve God and Mammon. Matthew 6:24
We are not contending against flesh and blood, but against the principalities, against the powers, against the world rulers of this present darkness, against the spiritual hosts of wickedness in the heavenly places. Ephesians 6:12

Mammon's Peach: Current Page. Archives indexed by Subject. Comments? Contact Charles M. Cork, III.

Contents of this page:
August 12
Another artifice to reduce health care for the needy
Chasing Tax Defectors

August 11
Mammon exploits consumers' self-ignorance
Mammon says what it must, Part IX: The birth of a lie
States sue Freddie Mac
White House for Sale

August 8
Web site details Bush's Mammonite Science
Bush wants to mold Iraq into the image of Mammon
Economists' faith may not coincide with Mammon's wishes
Halliburton predestined to win the war for war profits

August 7
Hospital made doctors perform unnecessary heart procedures
More costs of Bush's conquest of Iraq
Bush's Top 40 Lies About the War and Terrorism
Civil Justice and the GAO, Part II

August 5
A critique of US energy policy proposals
Drug plan manager settles fiduciary breach claim
Mixed blessings in the Czech Republic

August 4
Mammon resists correction
Mammon's self-interest brings down Argentina

August 2
Even Mammon's friends doubt
No end in sight for joblessness
Collateral lies about Bush's war

August 1br> The revised lie about Bush's war
Mammon wants its justice uncapped
China advised to avoid Washington's tricks

July 31
Mammon's Fools: Craving the Biggest Rides
Mammon says what it must, Part VIII: The President Evades
Civil Justice and the GAO, Part I

Tuesday, August 12, 2003

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Another artifice to reduce health care for the needy

In Medicare Fees for Physicians in Line for Cuts, Robert Pear writes about the tension between the Bush administration and the Republican leaders of Congress over Bush's plan to cut 4.2% of Medicare reimbursements for doctors, which would mean that doctors will be paid about 8% less than they were paid in 2001. Bush claims that it is required to follow a certain reimbursement formula by law that cuts payments to doctors after Medicare spending for a fiscal year exceeds a certain point called the "sustainable growth rate," which links medical payments to the nation's economic growth. Doctors and may representatives disagree. Senate republicans claim that the formula is "fatally flawed" and will result in cutting access to health care. "House Republicans say the Bush administration has overstated the growth of Medicare spending on doctors' services." The Bush administration asserts that the cuts "would not harm beneficiaries or hurt their ability to obtain care." The doctors disagree:

But doctors said the new cut, after a 5.4 percent cut last year, would give them a fresh incentive to limit the number of elderly patients. "Physicians want to keep treating Medicare patients, but there comes a point where it is just not economically reasonable," Dr. Donald J. Palmisano, president of the American Medical Association, said. Maureen K. Maxwell, a spokeswoman for the American Academy of Family Physicians, said that more than one-fifth of family doctors were not accepting new Medicare patients.

A while ago, the reason doctors were not seeing new patients was the alleged tort crisis, and now it appears that it has become Medicare cuts. The Bush administration strongly proclaimed that the tort crisis was causing lack of access to doctors (because they don't want to pay higher malpractice premiums), but cutting doctors' reimbursements by 8% over three years won't. I marvel at the flexibility of both groups to say what they need to say to make political points.

Nevertheless, the doctors have the better of the current debate. There may be other reasonable ways to reduce the costs of health care, but tying them to the nation's prosperity is not one of them. If we take seriously that human life is the ultimate value, the final result we reach is universal health care, and then we find the most economical way to accomplish it. It is not to be sacrified on the altar of artificial financial constraints.

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Chasing Tax Defectors

In a news release, the California Treasurer writes to promote legislative efforts to catch "tax traitors," (previously referred to here as "tax defectors"), namely corporations that purport to be American corporations, but that dissolve and reincorporate offshores, solely in order to avoid paying higher American taxes, thereby gaining all the benefits of lower taxes and keeping (or hoping to keep) all the benefits of American citizenship. He estimates that the defections will cost Californians $132M over ten years.

Monday, August 11, 2003

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Mammon exploits consumers' self-ignorance

In We're Manipulated: Marketers Pounce on Our Weaknesses, Dina ElBoghdady writes about the numerous ways in which Mammon deceives consumers into believing that they will come out ahead with self-discipline, knowing that on a large scale consumers do not understand the extent of their lack of discipline, that only the most astute shoppers with large time for comparison shopping and fine-print reading can actually come out ahed, and that as a result, consumers will fare worse. Coupons, buy-one/get-one free deals, "free" minutes, hefty rebates are dissected. Excerpts:

"One of the reasons companies prefer to do rebates instead of price discounts is because fewer people take advantage of rebates," said Gerald E. Smith, an associate professor of marketing at Boston College and a consultant with Strategic Pricing Group Inc. "They get lazy." Redemption rates range from 5 percent to 40 percent, with higher responses for more expensive items, retail industry groups say. But even if consumers are not lazy, companies still come out ahead. … [The time consumers wait is] money in the bank for the manufacturer -- a very useful float when one considers the time value of that money.

… Meanwhile, consumers give up personal information on rebate forms that can be used to cobble together a picture of their buying patterns, Smith said. Companies can track how deep a discount it takes to "incentivize" you to buy. If you buy a computer, they may send you a rebate for a printer. They may even entice you (with coupons, for instance) to trade in the computer earlier than planned. Over time, as you respond to these offers or not, they analyze how much you are worth to them during your lifetime.

Credit card issuers are just as meticulous about tracking consumer behavior -- and taking advantage of its quirks -- when deciding which introductory rates to offer, said Lawrence Ausubel, an economics professor at the University of Maryland in College Park. … [B]y tracking the consumers' charging, borrowing and repayment records, the company also learned that most of the people who accepted the low six-month rate would have been better off with a higher (and significantly less popular) 7.9 percent rate that lasted a full year. Why? Because by the time the six-month offer expired, many of those consumers had not wiped out their debt. Under the terms of the agreement, they were then locked into a 15 percent rate for as long as they kept the card. And many of them did keep the card. Back-of-the-envelope math would have showed them that the 4.9 percent and 15 percent rates averaged out to about 10 percent for the year -- obviously higher than the less-appealing 7.9 percent annual rate. … As for penalty fees: $8 billion. That's how much consumers paid to Visa and MasterCard issuers last year, up from $7.3 billion in 2001, said James Daly, editor of Credit Card Management, a monthly industry magazine. Those penalties -- 90 percent of which came from late fees -- made up about 8 percent of the issuers' revenue, compared with 3 percent from annual fees.

… Another reliable source: the inattentive who don't read the fine print and unwittingly sign up for a product or service because they did not check the "opt out" box or did not call to cancel after a "free trial" expired. Over the past two years, complaints to the Federal Trade Commission about unordered merchandise have increased by 60 percent, and opt-out marketing made up a significant chunk of those complaints.

… In the telecommunications industry, the quest to offer the customer rock-bottom "permanent rates" has led to a rash of additional fees disguised as taxes, Seidel said. … Many corporations use these fees, and clever marketing ploys, to make up for the low prices they offer customers up front.

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Mammon says what it must, Part IX: The birth of a lie

In Depiction of Threat Outgrew Supporting Evidence, Barton Gellman and Walter Pincus write an extensive story "based on interviews with analysts and policymakers inside and outside the U.S. government [none of whom dared be identified by name], and access to internal documents and technical evidence not previously made public" showing that the Bush administration overstated the Iraqi threat and ignored contrary evidence. Their summary:

The new information indicates a pattern in which President Bush, Vice President Cheney and their subordinates -- in public and behind the scenes -- made allegations depicting Iraq's nuclear weapons program as more active, more certain and more imminent in its threat than the data they had would support. On occasion administration advocates withheld evidence that did not conform to their views. The White House seldom corrected misstatements or acknowledged loss of confidence in information upon which it had previously relied:

• Bush and others often alleged that President Hussein held numerous meetings with Iraqi nuclear scientists, but did not disclose that the known work of the scientists was largely benign. Iraq's three top gas centrifuge experts, for example, ran a copper factory, an operation to extract graphite from oil and a mechanical engineering design center at Rashidiya.

• The National Intelligence Estimate (NIE) of October 2002 cited new construction at facilities once associated with Iraq's nuclear program, but analysts had no reliable information at the time about what was happening under the roofs. By February, a month before the war, U.S. government specialists on the ground in Iraq had seen for themselves that there were no forbidden activities at the sites.

• Gas centrifuge experts consulted by the U.S. government said repeatedly for more than a year that the aluminum tubes were not suitable or intended for uranium enrichment. By December 2002, the experts said new evidence had further undermined the government's assertion. The Bush administration portrayed the scientists as a minority and emphasized that the experts did not describe the centrifuge theory as impossible.

• In the weeks and months following Joe's Vienna briefing, Secretary of State Colin L. Powell and others continued to describe the use of such tubes for rockets as an implausible hypothesis, even after U.S. analysts collected and photographed in Iraq a virtually identical tube marked with the logo of the Medusa's Italian manufacturer and the words, in English, "81mm rocket."

• The escalation of nuclear rhetoric a year ago, including the introduction of the term "mushroom cloud" into the debate, coincided with the formation of a White House Iraq Group, or WHIG, a task force assigned to "educate the public" about the threat from Hussein, as a participant put it.

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States sue Freddie Mac

In Pension Funds Sue Freddie Mac, Jackie Spinner writes about lawsuits filed by Ohio and West Virginia against Freddie Mac because its accounting manipulations (items 129, 168 and 223) caused pension funds to lose value. The report notes that states are taking the lead in prosecuting securities fraud cases because a 1995 federal law gave institutional investors who lost the most priority over individual shareholders in such cases. This, no doubt, explains efforts by Mammonites in Congress to curtail state attorney general's enforcement of securities violations (item 190), thus removing yet another adversary to restrain Mammon's otherwise unbridled self-interest.

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White House for Sale

A new website called whitehouseforsale.org has opened up to track special interest contributions to the Bush 2004 re-election campaign and to follow the record of those who have given to Bush before, and what they got in return.

Friday, August 8, 2003

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Web site details Bush's Mammonite Science

In Bush Misuses Science, Report Says, Rick Weiss writes about a website (www.politicsandscience.org) that is collecting and sourcing Bush's junk science in support of conservative politics and (mostly) big business interests. It quotes from several "prestigious scientific journals [that] have editorialized about the Bush administration's dealings in science in recent months, including Science, Nature and the New England Journal of Medicine."

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Bush wants to mold Iraq into the image of Mammon

In U.S. Promises Democracy in Middle East, Peter Slevin writes on recent statements by Bush administration leaders of an intent to bring "democracy" and free markets to Iraq. We shall see how committed the US government is to Iraqi democracy, i.e., the ability of the people to vote the US and Halliburton out of the country. The article notes that American presidents have always (including the current one) supported some of the most grossly dictatorial Middle Eastern rulers. Secondarily, the administration clearly believes that "free markets" will solve all of Iraq's problems, using language that opposes free markets and property rights laws to "oppressive and corrupt" governments. Our beneficence is manifest in our concern for the poor and lowly of Iraq:

"It is a region," Rice said, "where hopelessness provides a fertile ground for ideologies that convince promising youths to aspire not to a university education, a career or family, but to blowing themselves up, taking as many innocent lives with them as possible. We need to address the source of the problem."

As in the case of American inner city violence. What hope are we giving to the people of the American inner city, who aren't sitting on an ocean of oil? I bet we could find something to do to give hope that costs less than $4B a month.

"We will work with our partners to ensure that small and mid-sized businesses have access to capital and support efforts in the region to develop essential laws on property rights and good business practices," Bush said May 9. "By replacing corruption and self-dealing with free markets and fair laws, the people of the Middle East will grow in prosperity and freedom."

What if they don't want to make themselves in Bush's image? What if they value democracy higher than property rights? Human rights over business rights? Maybe they actually don't worship Mammon? I suspect that our government still hasn't learned the lesson of item 106.

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Economists' faith may not coincide with Mammon's wishes

In Productivity Jumps Again as Job Creation Remains Slow, Edmund L. Andrews writes about the conflicting opinions of economists on two recent labor findings, first that American workers' productivity is climbing (a good thing, on balance), and that job creation remains flat (given high unemployment, a bad thing). Increasing productivity without increasing payrolls is "good news for corporate profits," but the economists see problems if unemployment stays high. Their hope is that increased corporate profits will increase economic growth and with it new jobs. It may be that business actually has a different strategy:

… [B]usiness investment over all has been the weakest segment of the economy for the last several years. Instead, companies have shifted strategy and hunted relentlessly for every possible way to squeeze more production out of the remaining workers.

… The hope [of the economists] is that the Bush administration's recently passed tax cuts, which include rate reductions as well as immediate rebates for families that claim child tax credits, will increase consumer demand for the next six to nine months. By that time, economists say, increased sales will have forced companies to start expanding both their factories and their work forces. … But even those who agree are cautious. Manufacturing in the United States remains stagnant, with ever greater numbers of domestic producers being eclipsed by low-wage rivals in China.

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Halliburton predestined to win the war for war profits

In Rivals Say Halliburton Dominates Iraq Oil Work, Neela Banerjee writes that other large engineering and construction companies are dropping out of bidding for contracts to rebuild the Iraqi oil industry because VP Cheney's Halliburton Company has the inside track. Excerpts:

Preliminary plans for a new contract, which industry executives had thought might total $1 billion, were announced late in June by the Corps of Engineers. The bidding was meant, in part, to introduce competition and a sense of fairness into the lucrative Iraqi reconstruction market, an executive with a major engineering concern said. Like many industry executives, he would speak only on condition of anonymity because his company does not want to jeopardize its chances for future government contracts. But in the last month, the corps, which is overseeing the reconstruction efforts, has specified a timetable for the work that effectively means that the value of any contract companies other than Halliburton could win would be worth only about $176 million, according to Corps of Engineers documents and executives in the engineering and construction business.

… The newly released information indicates that a week before the Dallas meeting, the Corps of Engineers and Halliburton participated in a large workshop in Baghdad that also included representatives of the Iraqi oil ministry and the ruling Coalition Provisional Authority to draw up a detailed plan for rebuilding much of the Iraqi oil industry by the end of March 2004.

… But the corps notes in the plan [for reconstruction, on which bids were "sought"] that the first two phases, which together would require about $967 million in investments, would have to be completed by Dec. 31. Halliburton's competitors worry that if the winner of the new contracts is not announced until Oct. 15, that company could not even begin the work before year's end. The only company that could do the work based on that timetable is Halliburton, its competitors say.

… Working in Iraq has helped turn around Halliburton's financial performance, its second-quarter results showed. The company made a profit of $26 million, in contrast to a loss of $498 million in the period a year earlier. The company stated that 9 percent, or $324 million, of its second-quarter revenue of $3.6 billion came from its work in Iraq.

So we learn quite clearly that the alleged free bidding process is actually a sham. It is a sham not merely because Halliburton was given the inside track, but also because the competitors recognize that even speaking out in protest could cause them to lose future government contracts, a fear that would be quite unfounded if the bidding process were actually fair.

Thursday, August 7, 2003

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Hospital made doctors perform unnecessary heart procedures

In Tenet Healthcare Paying $54 Million in Fraud Settlement, Kurt Eichenwald writes about a large settlement of government accuasations that a hospital pressured its doctors to conduct unnecessary heart procedures on hundreds of patients. Other government agencies may bar the hospital from participation in Medicare, and criminal and civil investigations may continue against individuals, as well as private lawsuits against the hospital.

PS (8/12/03): The NYT has a lengthy piece on Tenet that elaborates on the financia incentives to perform unnecessary cardiac surgery.

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More costs of Bush's conquest of Iraq

In Iraq's oil booty will only pay part of rebuilding costs, Howard LaFranchi writes about the overly optimistic economic assumptions that contributed to our invasion of Iraq. Excerpts:

An act of sabotage that damaged a gasoline pipeline near Tikrit in northern Iraq last week highlights one reason oil may not provide the deep pockets for Iraq's reconstruction that some had predicted. … Iraq's oil production is expected to return to prewar levels - of about 2.8 million barrels daily - by next spring under an industry rehabilitation plan approved recently by American and Iraqi authorities. That plan calls for the US to pay $1 billion of the $1.6 billion initial refurbishing costs - much more than some supporters of an Iraq invasion estimated when they said rebuilding could be self-financing. … Iraq needs $20 billion just to keep services at bare-bones levels, a UN official said recently. But revenues from oil and whatever other income the country can muster - such as repatriation of frozen assets held overseas - is likely to provide no more than $15 billion.

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Bush's Top 40 Lies About the War and Terrorism

In Perry: Bush Wars : Bring 'Em On!, Steve Perry compiles "The Bush Administration's Top 40 Lies About War and Terrorism," annotated with links to original sources.

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Civil Justice and the GAO, Part II

This will follow up item 235, concerning the GAO report on the causes of spiking medical malpractice insurance rates.

The issue has been essentially whether the primary cause of the spike in malpractice insurance rates is (a) jurors who have acquired a “jackpot justice” mentality about four years ago, as insurers and doctor groups have contended, or (b) insurer practices during the 1990s that wiped out their reserves and left them extremely vulnerable to a downturn in the market, as consumer groups and trial lawyers have contended.

Therefore, I drew down the GAO report to see what it says. Actually, it says quite a lot in its 67 pages of text, but it clearly documents that point (b) is true, that insurer practices heavily contribute to spiking malpractice awards. On the critical question of insurer payouts, it documents that payouts have risen over the years, but not like the spiking insurance rates, and for a host of possible reasons, most of which have nothing to do with jurors, but as to which the evidence is inconclusive. It also shows that insurers count “losses” differently from the way the rest of us do, namely, it is an “expected payout” rather than an actual payout.

Here’s the short summary of its findings (pp. 4-5) of the four factors that increased medical malpractice rates, according to the GAO.

1. Since 1998 insurers’ losses on medical malpractice claims have increased rapidly in some states. For example, in Mississippi the amount insurers paid annually on medical malpractice claims, or paid losses, increased by approximately 142 percent from 1998 to 2001 after adjusting for inflation. We found that the increased losses appeared to be the greatest contributor to increased premium rates, but a lack of comprehensive data at the national and state levels on insurers’ medical malpractice claims and the associated losses prevented us from fully analyzing the composition and causes of those losses.

2. From 1998 through 2001 medical malpractice insurers experienced decreases in their investment income as interest rates fell on the bonds that generally make up around 80 percent of these insurers’ investment portfolios. (24-27)

3. During the 1990s insurers competed vigorously for medical malpractice business, and several factors, including high investment returns, permitted them to offer prices that in hindsight, for some insurers, did not completely cover their ultimate losses on that business. As a result of this, some companies became insolvent or voluntarily left the market, reducing the downward competitive pressure on premium rates that had existed through the 1990s. (28-32)

4. Beginning in 2001 reinsurance rates for medical malpractice insurers also increased more rapidly than they had in the past, raising insurers’ overall costs. (32-33)

In combination, all of these factors contribute to the movement of the medical malpractice insurance market through cycles of hard and soft markets – similar to those experienced by the property-casualty insurance market as a whole – during which premium rates fluctuate. Cycles in the medical malpractice market tend to be more extreme than in other insurance markets because of the longer period of time required to resolve medical malpractice claims, and factors such as changes in investment income and reduced competition can exacerbate the fluctuations. (33-36)

Points 2-4 and the following discussion of the market cycle are as we have contended all along. Thus, I will focus on what the GAO says about point 1, which is the point relevant to the jury system/capped awards issues.

What is a “Loss”?

The GAO confirms (15-16) that in insurance accounting, there are actually two kinds of “loss.”

(a) “Paid loss,” which is what a loss is for everyone else, namely, the amount the insurer pays out in claims;

(b) “Incurred loss,” which is a special kind of loss for insurers, the amount that they tell insurance regulators that they expect to pay out, in order to get the rates they choose approved.

The following diagram shows what malpractice insurers actually paid out over the years (the shaded area), which constitutes their paid losses, and what insurers “expected” to pay out over the same period (the bars), which is their “incurred loss.”

GAO's Analysis of paid and incurred losses in the Medical Malpractice Insurance Industry

It is obvious (my comment, not the GAO’s) that actual payments have grown at a fairly steady rate, but that insurer expectations of what they would pay out fluctuated wildly starting in 1985, and generally in inverse proportion to what is going on in the investment markets. It is also obvious that malpractice insurers accumulated tremendous reserves through 1988, and spent them down only a little thereafter.

Increasing Payouts; Uncertain Reasons

The GAO then analyzed loss rates, both paid and “incurred” (expected) in seven states over the same period. It noted that the states had quite different experiences, but that there was some observable increase in payouts over this period. (18-21) The graphs also show that the “incurred” or expected losses varied widely from the paid losses, as in the diagram above.

The GAO reports the opinions of the insurers it spoke with about the causes and effects of higher paid losses (22), but stated that there was insufficient data to substantiate them (22-23).

It addressed possible reasons for observed increases in payouts (24):

1. The cost of medical care and the value of lost wages rise;

2. A greater societal propensity to sue; a “lottery mentality,” where a lawsuit is seen as an easy way to get a large sum of money;

3. A sicker, older population;

4. Greater expectations for medical care because of improved technology; and

5. A reduced quality of care and the breakdown of the doctor-patient relationship owing, for example, to factors such as the increasing prevalence of managed care organizations.

(I would add that it would be useful to compare the rate of increased payouts with the changing population, the number of doctors, the number of medical procedures, and the gross national spending on medical procedures.)

The Insurance Cycle

Here is the GAO’s summary of what happened to medical malpractice insurance in the 1990s (44-45), none of which had to do with juries:

Based on available data, as well as our discussions with insurance industry participants, a variety of factors combined to explain the malpractice insurance cycle that produced several years of relatively stable premium rates in the 1990s followed by the severe premium rate increases of the past few years. To begin with, insurer losses anticipated in the late 1980s did not materialize as projected, so insurers went into the 1990s with reserves and premium rates that proved to be higher than the actual losses they would experience. At the same time, insurers began a decade of high investment returns. This emerging profitability encouraged insurers to expand their market share, as both the downward adjustment of loss reserves and high investment returns increased insurers’ income. As a result, insurers were generally able to keep premium rates flat or even reduce them, although the medical malpractice market as a whole continued to experience modestly increasing underlying losses throughout the decade. Finally, by the mid- to late 1990s, as excess reserves were exhausted and investment income fell below expectations, insurers’ profitability declined. Regulators found that some insurers were insolvent, with insufficient reserves and capital to pay future claims. In 2001, one of the two largest medical malpractice insurers, which sold insurance in almost every state, determined that medical malpractice was a line of insurance that was too unpredictable to be profitable over the long term. Alternatively, some companies decided that, at a minimum, they needed to reduce their size and consolidate their markets. These actions, taken together, reduced the availability of medical malpractice insurance, at least in some states, further exacerbating the insurance crisis. As a result of all of these factors, insurers continuing to sell medical malpractice insurance requested and received large rate increases in many states. It remains to be seen whether these increases will, as occurred in the 1980s, be found to have exceeded those necessary to pay for future claims losses, thus contributing to the beginning of the next insurance cycle.

This is a far cry from support for tort reform; at most it calls for further study. However, it is a clear call for insurance reform.

Tuesday, August 5, 2003

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A critique of US energy policy proposals

In US energy policy, The Financial Times writes on Bush's energy policy as "a dubious solution in search of a questionable problem," attacks the proposed legislation, and Bush's general approach to the problem. Excerpts:

Meanwhile, the proposed legislation has turned into a lavish exercise in corporate welfare. Both the House and Senate bills bristle with tax breaks and subsidies for special interests, ranging from Midwest ethanol producers to the coal and nuclear power industries. … [The approach of the Bush plan] is flawed. First, it focuses largely on boosting production. Second, it relies on official intervention rather than improving market mechanisms. [Whatever energy crisis exists] will be more effectively resolved by restraining demand. Although the US has more than halved the amount of energy needed to produce a unit of economic output since 1973, its consumption remains high by European standards. Most egregiously, US motorists' love affair with petrol-guzzling vehicles has kept fuel consumption bounding ahead.

… Yet ballooning federal and state budget deficits …, higher energy taxes may be one of the few revenue-raising alternatives available. In the end, the US energy market may be shaped much more - and for the better - by the unintended consequences of Mr Bush's fiscal policies than by the pork-barrel legislation now before Congress.

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Drug plan manager settles fiduciary breach claim

In Medco wins tentative approval for settlement, Christopher Bowe writes about a tentative approval of a $42.5M settlement of suits against a prescription drug plan manager for violating ERISA. Instead of performing as a fiduciary and passing along drug rebates it negotiated with manufacturers, the lawsuits charged that Medco pocketed savings and otherwise acted to pad its own profits.

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Mixed blessings in the Czech Republic

In Czechs wince at capitalism's glare, Arie Farnam writes about a decade of changes in the Czech Republic, not all of them good. Excerpt:

As the 1990s unfolded, uncertainty persisted. There were plenty of bumps in the road - the cowboy capitalists who stripped privatized companies, the corrupt state officials and, not least, the breakup of the optimistic Czechoslovak federation. Although average household income has quadrupled since 1990, the cost of housing has risen sevenfold and unemployment has gone from near zero to 10 percent. For many Czechs, the transition has been more like swapping one set of problems for another, rather than the salvation they envisioned. Now, Prague has to cope with huge traffic jams because its roads were not built for a society in which everyone can own a car. Strip malls are drawing shoppers away from the city center. Meanwhile, the old communist-era cement housing blocs are becoming ghettos for those who have not coped so well with capitalism.

Monday, August 4, 2003

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Mammon resists correction

In Reformist directors get the big chill, study finds, Brendan Intindola writes:

A major impediment to better CEO accountability and corporate governance is "social distancing" -- pushing reform-minded directors from the circles of power in the corporate elite, according to a new study by University of Texas management professors. … The research and resulting 65-page paper, "Social Distancing as a Control Mechanism in the Corporate Elite" by Westphal and Poonam Khanna, confirms what critics have long argued -- country-club cronyism bogs down efforts to rein in CEO power and advance shareholder rights. … When asked if legally mandated board reforms that require greater board independence will make a difference in governance, Westphal said if the law requires companies to do it -- they will. But when corporate America is left to making choices, he is less optimistic.

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Mammon's self-interest brings down Argentina

In Argentina Didn't Fall on Its Own, Paul Blustein writes at length about how Wall Street's promotion of investment in Argentina caused its collapse, just as with Enron. Some significant excerpts:

The fantasyland that Argentina represented for foreign financiers came to a catastrophic end early last year, when the government defaulted on most of its $141 billion debt and devalued the nation's currency. A wrenching recession left well over a fifth of the labor force jobless and threw millions into poverty. An extensive review of the conduct of financial market players in Argentina reveals Wall Street's complicity in those events. Investment bankers, analysts and bond traders served their own interests when they pumped up euphoria about the country's prospects, with disastrous results. Big securities firms reaped nearly $1 billion in fees from underwriting Argentine government bonds during the decade 1991-2001, and those firms' analysts were generally the ones producing the most bullish and influential reports on the country. Similar conflicts of interest involving analysts' research have come to light in other flameouts of the "bubble" era, such as Enron Corp. and WorldCom Inc. In Argentina's case, though, the injured party was not a group of stockholders or 401(k) owners, it was South America's second-largest country.

. . . [T]he optimism emanating from Wall Street, combined with the heavy inflow of money, made the Argentine government comfortable issuing more and more bonds, driving its debt to levels that would ultimately prove ruinous.

. . . Globalization is supposed to keep problems like Argentina's from occurring. In theory, international financial markets reward sound economic policies by steering capital to countries that practice them. The influence of the capital inflow makes a government even more disciplined, because policymakers know that otherwise investors may yank their money out. In practice, the gusher of foreign money lulled Argentina's government into complacency, acknowledged Rogelio Frigerio, who was secretary of economic policy in 1998. "If you get the money so easily as we did, it's very tough to tell the politicians, 'Don't spend more, be more prudent,' because the money was there, and they knew it," he said.

. . . [Wall Street's promotion of Argentinan debt, like other investments, followed this pattern:] "It's like, if you have something good to say, you say it, but if you have something bad to say, just keep your mouth shut." . . . But others acknowledge that they cannot help being influenced by the fact that their compensation is likely to be greater if their investment banking colleagues win deals to sell bonds. For one thing, success for the investment bankers means the pool of money available for bonuses will be larger, and at some firms, the analysts' bonuses are decided by groups of managers that include investment bankers.

. . . [The method of evaluating portfolio managers contributed to the problem.] Just as in the world of stock market investing, where money managers aim to beat the Standard & Poor's 500-stock index, many professional investors in emerging markets are judged every quarter or so by how well their portfolios fare in comparison to a benchmark. . . . The index virtually forced big investors to lend vast sums to Argentina even if they feared that the country was likely to default in the long run, several money managers said. Although default would hurt their portfolios, they would still lose less than the index as long as they were a bit "underweight," meaning they held a smaller percentage of Argentine bonds than the index dictated. They didn't dare be too far underweight. Money managers who shunned Argentine bonds were taking a huge risk, because their portfolios would almost certainly underperform the index in the event Argentine bonds rallied, as happened from time to time.

Saturday, August 2, 2003

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Even Mammon's friends doubt

In Confidence Lags on Wall St., Dick Satran writes that even the folks on Wall Street, Mammon's home turf, do not believe the President's message that his tax give-away has done what he said it would do. :

"Confidence is vulnerable right now," said Robert Shiller, a professor of behavioral economics at Yale University's International Center of Finance. "There's distrust and dissatisfaction with the people on Wall Street -- the talking heads and analysts who kept telling them the market would keep going up when it didn't." . . . So far, though, the economy hasn't shown the ability to create new jobs, and that's been a source of major concern for investors. . . . The jobs picture is one of the big factors sapping investor confidence, said Shiller. In surveys of investor confidence, he finds investors are increasingly willing to put money into stocks, but not for the long term. Most people still don't trust the market as a long-term investment, he said. . . . "The fact that the economy has lost 2.5 million jobs is an enormous negative," said Shiller. "It's a confidence destroyer."

. . . "A lot of people [e.g., the President] have been talking as if the economy will jump up like a coiled spring -- but what I see is something moderate," said Bitner.

Bottom line: the more the economy is about spreading everyone's wealth, the more it will inspire everyone's confidence. The more it is about concentrating money in the hands of the wealthy on the hope, prayer, and faith that they will share with others, it will not inspire the confidence of a rational person.

Permanent Anchor 242

No end in sight for joblessness

In Jobless Rate Drops, but So Do Payrolls, John M. Berry writes:

The U.S. labor market continued to weaken last month as businesses shed jobs, workers put in fewer hours and about half a million people gave up looking for work, the Labor Department reported yesterday. The jobless rate declined to 6.2 percent, from 6.4 percent in June, entirely because of the drop in the size of the workforce -- a person must be actively seeking a job to be counted among the unemployed. . . . Overall, payroll employment dropped by 44,000 jobs in July, the sixth monthly loss in a row, as gains in a few industries partially offset larger declines elsewhere, including a huge 71,000 loss in manufacturing jobs. Payroll job losses in May and June also were larger than reported earlier, the department said. The number of factory workers has now fallen every month for three years, for a total decline of 2.7 million, nearly 16 percent since the middle of 2000.

Economists debate the level of annual rate of economic growth before the job situation improved, with the range of opinion falling between 3.5% and 4.5%. The economy in Q2 grew at rate of 2.4%, a rate that most economists found surprisingly high. Nevertheless,

Ayers said the ISM numbers echoed the Commerce Department's report Thursday that the economy grew at a 2.4 percent annual rate in the second quarter. "Both are telling the same story, that's it's going to be a slow crawl back," he said. "Neither the manufacturing sector nor the economy in general is going to be taking off anytime soon."

Which means, don't trust politicians who promise jobs, jobs, jobs, just by following their policies. Jobs will occur only if the corporate bosses choose to expand (rather than pay themselves), and to expand a lot (not just pay themselves a lot). As long as the tax benefits to business are not tied to expansion, including job expansion, there will be a lot of money going into owner pockets rather than employee jobs. And the rich get richer, the poor, poorer.

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Collateral lies about Bush's war

In The 9/11 Report Raises More Serious Questions About The White House Statements On Intelligence, John W. Dean writes that the White House may well be covering up its knowledge that terrorists intended to fly airplanes as weapons into skyscrapers (among other possible targets). On May 16, 2002, National Security Advisor Rice stated that the President had received reports on August 6, 2001 about Bin Laden's methods of operation dating back to 1997, that hijacking an airline was one of them, but the threat from such hijacking was generalized and insufficient to allow a prediction that they would fly it into the World Trade Center. However, the recently released Report of the Joint Congressional Inquiry Into the Terrorist Attacks of September 11 shows that, before August 6, 2001, the CIA knew:

In September 1998, the [Intelligence Community] obtained information that Bin Laden's next operation might involve flying an explosive-laden aircraft into a U.S. airport and detonating it. (Emphasis added.)

In the fall of 1998, the [Intelligence Community] obtained information concerning a Bin Laden plot involving aircraft in the New York and Washington, D.C. areas.

In March 2000, the [Intelligence Community] obtained information regarding the types of targets that operatives of Bin Laden's network might strike. The Statute of Liberty was specifically mentioned, as were skyscrapers, ports, airports, and nuclear power plans. (Emphasis added.)

Dean points out that Bush has refused to turn over the text of his August 6, 2001 briefing and reminds us that terrorists had already tried to blow up the WTC once before.

Friday, August 1, 2003

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The revised lie about Bush's war

In U.S. Shifts Rhetoric On Its Goals in Iraq, Dana Milbank and Mike Allen note the change in US rhetoric (Bush, Cheney, and others) about the justification for war in Iraq, from the preemptive hunt for threatening WMDs to using Iraq as the "linchpin" to transform the Middle East and thus to reduce their antagomism toward us. Excerpt:

"That goal is to see the spread of our values and to understand that our values and our security are inextricably linked, much as they were in Europe, but they are also linked in the Middle East." The vision described by the official represents a change in the administration's emphasis in describing the U.S. purpose in Iraq. Before the war, Bush at times stressed the limits of the mission, promising to "remain in Iraq as long as necessary and not a day more." At that time, Bush justified the conflict largely by asserting the need to strip Hussein of chemical and biological weapons and disrupt his nuclear ambitions.

So, what values are we exporting to the Middle East? Preemptive war against possible threats? Helping the rich get richer while the poor get poorer? It isn't democracy because, as the article notes, we don't seem to launching any wars against the Saudi royal family.

Permanent Anchor 239

Mammon wants its justice uncapped

In Motorola Awarded $4 Billion in Damages in Fraud Case, Mark Hamblett writes that a federal judge has awarded Motorola and Nokia $4.2B in compensatory and punitive damages against a wealthy Turkish family. Apparently, the defendants obtained $2.7B in loans from the corporate giants on the pretenses that it would be used to finance expansion of one of the family's businesses and that the loan had full collateral. However, the funds were diverted to the family's personal use (as opposed to their business use) and the family drained the value out of the collateral assets.

If the same rules applied to Mammon that it wishes to apply when sued by families, its punitive damages judgment would be limited to $250,000. It would also have the human damages (sometimes called "non-economic damages") of its adversaries capped in value at $250,000. Which means that it regards money as the only matter of ultimate concern, to be protected by justice 100%++, but that humanity is of limited concern, to be capped at a relatively small level, notwithstanding the extent of actual loss. But this is only to say that Mammon is Mammon.

Permanent Anchor 238

China advised to avoid Washington's tricks

In A Wink at China Inc., the Christian Science Monitor editorialized against the tactics noted here earlier (item 228) to convince the Chinese to change their monetary policy:

The same kind of pressure was applied to Japan in 1985 when its exports were seen as a threat. Japan Inc. buckled then, raising the value of the yen while also pumping cheap loans into the economy. That market bubble popped in 1990, and Japan has been stuck in a slump ever since. . . . China shouldn't repeat Japan's mistake with a dramatic yuan revaluation. Small steps to broaden the trading range of the yuan, reducing subsidies to exporters, and pegging the yuan to a "basket" of several currencies could help China slowly move from an export-driven model to one based on domestic demand.

Even a 40 percent rise in the yuan, as is possible in a true float, probably won't bring back American low-tech jobs. Globalized US companies will just move to other low-wage countries. And many of those firms are in China mainly to tap that huge market.

Thursday, July 31, 2003

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Mammon's Fools: Craving the Biggest Rides

In Big and Fancy, More Pickups Displace Cars, Danny Hakim surveyed the allure to customers and manufacturers, and the horrible dangers to everybody, of the madness causing our country to buy ever bigger vehicles. Excerpts:

When the average large pickup truck collides with a second vehicle, people in the second vehicle die at a rate of 293 for every 100,000 crashes, according to federal crash statistics. By comparison, large sport utility vehicles kill people in the second vehicle at a rate of 205 per 100,000 crashes; minivans kill at a rate of 104 deaths; and large cars at a rate of 85 deaths. . . . Because they roll over more easily than cars, pickup trucks also have fatality rates for their own occupants that are slightly higher than those of passenger cars, but below those of sport utility vehicles, according to the most recent data from the traffic safety agency. . . . Big pickups tend to be safer for their own occupants than small pickups, but when used as family vehicles they are less safe than minivans and station wagons.

. . . Fuel efficiency of the average pickup has also declined from as high as 19.2 miles a gallon in the 1987 model year to 16.8 miles a gallon today. The average S.U.V. gets 17.8 miles a gallon now and the average car 24.8. And even those averages do not count the very biggest vehicles — those weighing more than 8,500 pounds fully loaded — which are exempt under federal law. Like the Hummer and other giant sport utilities, the biggest pickups average little more than 10 miles a gallon. And more gas burned means more gases spit out the exhaust pipe. Over its projected life span, the average pickup truck under 8,500 pounds emits 97.9 tons of global warming gases, according to the Union of Concerned Scientists, an environmental group. The average for S.U.V.'s is 93.4 tons and for cars 66.5 tons.

As in a famous parable, the rich man who has a completely adequately sized car thought to himself, "where will I store all of my cell phones, tools, bags, golf clubs, kids, purchases, etc.?" Then he thought, "I will do this: I will get rid of my car, and buy the biggest pickup ever made, and bring all the possessions I might want with me wherever I go. And I will say to my soul, 'Soul, you now have ample space to carry ample possessions with you, so relax, eat, drink, and be merry wherever you go.'" But God said to him, "You fool! This very trip your life is being demanded of you. And the things you have brought along, whose will they be?" 21 So it is with those who store up treasures for themselves but are not rich toward God. Luke 12:16-21.

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Mammon says what it must, Part VIII: The President Evades

In Bush Denies Claim He Oversold Case for War, Richard W. Stevenson writes about Bush's (rare) press conference. Excerpt:

"I take personal responsibility for everything I say, of course," Mr. Bush said. "I also take responsibility for making decisions on war and peace. And I analyzed a thorough body of intelligence, good, solid, sound intelligence that led me to come to the conclusion that it was necessary to remove Saddam Hussein from power." Asked in several ways whether he had oversold the threat from Iraq to justify the war, Mr. Bush said that he remained confident that banned weapons would be found, and that there had been a well-documented case even before he took office that Mr. Hussein had biological, chemical and nuclear weapons programs.

The "of course" in the first sentence is a dead giveaway that no responsibility is accepted for overstating the actual facts and thus deceiving the American public. As shown in John Dean's 218 article, there is as yet little published material that Bush's alleged fears were founded, and nothing that these weapons posed a threat to us. Bush rests his war ambitions on earlier conditions and his unilateral decisions on how to enforce selected UN decrees which he likes.

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Civil Justice and the GAO, Part I

In GAO Report Cites Losses as Primary Driver of Medical Liability Costs, the Insurance Journal states:

A new report from the General Accounting Office (GAO) concluding that medical liability losses are the primary drivers of insurance rates reportedly corroborates data provided to the GAO last December by the National Association of Independent Insurers (NAII). "The GAO report reinforces insurers' contention that loss costs, not poor investment performance, are the most significant contributor to higher premiums," said David Golden, director of commercial lines for the NAII. "The insurance industry has always made it clear that although other factors have a marginal impact, rates are driven by losses, plain and simple. The leading cause of current market conditions was the massive increase in losses in the mid- to late 1990s. When the median judgment doubles from $500,000 to more than $1 million in just five years, this is bound to have an impact on premiums."

I'll go into more detail soon, but suffice it to say that the GAO report can be downloaded and read. Apart from the Executive Summary which lists losses as the most significant factor among many, the explanation and analysis actually minimize it and show that plenty of other factors are at work, that the increase in insurance payouts has been gradual, quite unlike the spikes and plunges of what insurers expect to pay out (which "expectations" correlate much more with turns in the economy), and that the gradual increase in insurance payouts may be well-explained by factors other than out-of-control juries.