Credit Suisse First Boston Fined $100 Million
A couple of people wrote in to note that Credit Suisse First Boston, which was the underwriter for VA Linux ? ' IPO, has been fined $100 million for actions they took in that and other high-tech IPO's during the stock market boom. CSFB allocated shares of certain IPO's to customers who made kickbacks to CSFB. Here's their side of the story. There's also an additional statement by the regulators and CSFB's settlement agreement (PDF).
GASP! Now they're only worth $20 trillion.
If you celebrate Xmas, befriend me (538
You're not publicizing that VA/Leenucks owns j00?
This is article was a little bit more informative than the previos one on Reuters (1/19). However, it still begs an important question: How can wealth "evaporate"? Wealth isn't a liquid (Like water or mecury at high temperatures) so what process does it uundergo to "evaporate"? As a former Bank manager in Austin, I was constantly asked this question by employees and my answer was always: "I don't know." That was never enough. Sometimes I would have to say it loudly: "I don't KNOW!" That often worked.
This sig intentionally Left Bank.
this is why people form corporations.
remove corporate "status" people would go to jail.
Why do you think corporations exist, to help consumers? hahaha
The Kruger Dunning explains most post on
I wouldn't be surprised if a few other brokerages will get nailed pretty soon, for similar kinds of shennanigans. Disclaimer: I have no direct knowledge of any regulatory investigation of ETrade, but we all know that they pretty much played the same games with RHAT.
At least with CSFB did in fact give a handful of shares to everyone who applied for the friends-in-family deal - AFAIK - while ETrade tried to come up with every excuse in the book to kick out as many people as they could in their friends-and-family program. Although some of us did eventually get our pound of flesh (see my website: E*Trouble to revisit those exciting times) it would be icing on the cake to see EGRP whacked on the balls, again.
Actually I don't think this is any laughing matter. Being a lawyer, I can say from first hand experience that legal troubles, especially financial ones, are nothing to be laughing about. Especially when they involve the shady financing of businesses like VA Linux, which, if you're like me, you have your retirement savings invested in.
In short, this is a pretty grave manner and I can only hope that the companies who were involved with this one are not tainted or hurt by their under-the-table doings. It could be a fatal blow to an already hurting technology industry.
- Dave Brennins
http://www.davebrenninslaw.org
dave@davebrenninslaw.org
It reminds me of those guys who spent like $20,000 to set up a bunch of fake ATM's to grab ATM cards and PIN's. They actually lost money on their investment because the crime was so original and got so much media attention that the FBI devoted a legion of Agents to track every lead.
personal attacks hurt, especially when deserved
Those who believe that wealth is real will be the sad ones when it all disappears. Anybody who understands that it is merely a hallucination will see the true richness and abundance of God's wonderful planet and be filled with joy.
Until then, the believers will have it good and the non-believers will bitch and moan from the confines of their '63 Volkswagen Beetle.
Let's go a step further and say you use your greenbacks to buy some property. Now, that property might be yours, but its worth depends entirely on what people are prepared to give you in exchange for it.
In my view, the wealth you can accumulate in the stock market is no more real or illusory than any other type of wealth. It's just *much* more volatile (and as such is risky to borrow against - margin calls and all that).
Any sufficiently advanced technology is indistinguishable from a rigged demo
--Andy Finkel (J. Klass?)
Okay, so they (finally) nailed CSFB. How about the other side of that transaction? All those clients that made all those millions - they just live happily after? From the news releases, CSFB was stupid enough to keep records in nice spreadsheets, so it should be easy to identify and fine the clients too.
The cynical view says it won't happen - the brokers like to keep the clients happy.
that according to their own article CSFB does not admit any wrongdoing in their letters of acceptance to the SEC and NASD (as is usual in such settlements). Further down in their own article, however, they state that they have fired, fined, suspended, redeployed or otherwise disciplined employees involved in this IPO thingy. If that is not an admission of guilt, then what is???
Corporations have such wierd ways of doing things...
Not that I agree with this argument, but I've heard it posited that if a person isn't a danger to society, his crime should ideally be punished with fines rather than jail time since putting someone in Jail who could be creating wealth creates waste.
Of course, if these people had to take responsibility for their lilly white asses and spend their time in a real max security jail cell this shit wouldn't happen. Either that, or you'd have prison reform really quick.
___
It's the end of my comment as I know it and I feel fine.
Because the "charge" involved a violation of SEC and NASD regulations, not a criminal charge (e.g., Murder.) The $100m is a combination of "disgorged profits" (you have to love the legalese) and a fine.
This has nothing to do with "the Swiss" -- CSFB is a multinational.
It's Linux, damnit! Pay no attention to renaming attempts by self-aggrandizing blowhards.
The extraordinary thing about this is how lightly CSFB (and the street as a whole) is getting off. The profits from inappropriate IPO allocations alone substantially exceeded the penalties.
No penalties will ever be assessed against the hundreds of analysts who hyped internet stocks in exchange for those companies giving their firms a slice of the investment banking business.
Ask any analyst from any wall street firm, sell side or buy side, and they will tell you that everybody does this. Compare the SEC's treatment of big firms doing outwardly crooked things to their treatment of the little guy.
It looks like they're too busy busting 15-year olds to attack the real stock manipulators.
Corporate status only sheilds you from civil liabilities. An individual in this situation would end up paying fines, the same as a corporation would. If you commit fraud as part of a corporation and you still go to jail just as easily as Bill Gates would if he hired Uncle Vinnie to go whack Larry Ellison on behalf of the Microsoft corporation. Besides, the penalty for breaking SEC regulations is almost never jail time, regardless of who you are, unless you actually commit Fraud.
Why?
Heh, of course all those people that CSFB gave easy shares to probably lost a ton of money (although one could argue that someone so well connected in the financial world would know to get out while the gettin's good. But a lot of people on wallstreet were pretty stupid about that kind of thing)
I wonder how long the investigation into this has been going on anyway? It seems a lot of irregularities are cropping up now that a lot of these companies are defunked (I.E. Enron). I guess when you have a lot of fake money in the form of overvalued stocks you can afford to cover things like this up, but when that dries up your fucked.
But then again, it seems people ought to be more pissed off if the stocks actually turned out to be, you know, worth something
autopr0n is like, down and stuff.
And in related news Acme Mobile Shredding stock has quadrupled in the last year. Says CEO Mike Flimflamigan, "...I hate to make so much money off of other peoples' misery, but its the American Way TM"
Ever heard the expression "Boston Wad" or "Pigeon Drop?" It's a con game where you get a roll of dollars, then add a fifty to the top. Wrap with elastic band.
Then you find your mark, and agree to go drinking. Show him the huge wad of "fifties". Drop it (with him in tow) in a locker or safety deposit box and keep the key.
Later on in the evening, get a phone call/page or something telling you to get out of town or whatever. (This works really well if both of you are dopers/criminal element) Suggest to your new friend that you need to boot out of town and could he grab you $400 from the ATM for bus fare, etc? He's totally entitled to keep the $1000 in the locker - you haven't time to get it and get out of town and are willing to eat the loss in order to save your neck.
You get the $400 and split. Your "friend" finds out his wad was worth $75 or so.
Dotcoms were pigeon drops. Legal ones. "Oh, uh, yeah, this stock's going to be the next Microsoft. Want mine for $100 a share? I made enough money on it having bought in at $3 a share!"
--- Jump!! Fire!! Bullet time!! - Lego version of the Matrix
A back-of-the-napkin calculation shows that $36M to now be $350K. Of course, to be fair, that still ain't exactly hurting. But yeesh, hindsight makes "Surprised By Wealth" one seriously painful read...
And even richer a read, given CSFB's plight, is the ZDNet article on the subject of ESR's fortune, which, with unintended irony, observes: Yeah. It's been answered alright.
CSFB has a LONG history of blunders, the least of which is their sub-standard analysis department.
Check out their calls... they even rated Enron a "Strong Buy" when the stock was near its all time high.
While all of the Wall Street houses seem to have skeletons in their closet, CSFB seems to be unable to hide theirs well...
I think most people know that VALinux (or is it VAsoftware now?) owns Slashdot. And for those who don't know I don't really think it's that relevant in this case. This has to do with CSFB's underhandedness with VA stock, not something VA did itself.
autopr0n is like, down and stuff.
"Yes, we sent him a strongly-worded email reminding him that it was against company policy, and that further transgressions may impact his next quarterly bonus."
These are my friends, See how they glisten. See this one shine, how he smiles in the light.
Most of those dot.bombs (I hate typing it that way, what are you supposed to say "dot dot bombs"?) had pretty ridiculous business models, and a lot of those that had sound ones behaved pretty stupidly, thinking that this was the vaunted 'new economy' and all that.
So in other words, people believed that the service that they were providing was valuable, but it turns out no one wanted it. The wealth they thought they had, well, they didn't.
autopr0n is like, down and stuff.
Thats Close To the Capitilization of LNUX.
http://finance.yahoo.com/q?s=lnux&d=t
But thats right, there are no real viable Linux based companies anymore, and their really never were.
I'm still working on a clever footer.
If the person's fraudulent activities cause a very large company to collapse, putting thousands of people out of work, and depressing the stock market, and generally turning a national recession into a depression, and people end up starving to death over it, then they're a fucking danger to society, indirectly guilty of murder, and should be strung up by their genitals.
These are my friends, See how they glisten. See this one shine, how he smiles in the light.
I can say that my impression of the dot com boom was that it was of dubious legality. Having worked for a start-up web development/marketing/we-can-do-anything-and-every thing firm, I saw blatant manipulation of stock prices via public stock trading message boards and outright lies regarding profits by the CEO (he said there were some when in fact the company was bleeding red ink.)
:) ).
The company I worked for had some strange affiliations, from the seemingly normal to the questionable to the downright shady (a Las Vegas land development company whose name I thankfully forget
I saw quite a bit there...the VP dumping his options just days before the stock crashed, unqualified people getting paid a lot of money to do nothing (myself included), and of course massive document shredding in the accounting office.
Of course, my views on this might be slightly skewed, this all occuring in the stock market scam capital of the Western world...
AC for obvious reasons.
One thing that would be interesting is to see how the RHAT case gets settled. The RHAT case was different because RHAT itself was named as the defendant in the suits, not their brokerages. It never made any sense to me to sue a company over what their brokerages did, and apparently it didn't to Red Hat either, they responded to the suit publicly by saying that they had retained the world's leading brokerages, and had no knowledge of anything illegal going on. Sounds like a pretty solid defense to me.
I've had enough abrasive sigs. Kittens are cute and fuzzy.
if EVERYBODY were allowed to participate with an IPO.
For some reason only "privilidged" people are allowed to buy the stock before it starts. So why do we allow the rich to get richer? Everybody should be able to buy those stocks before trading starts.
No exceptions.
"A plan fiendishly clever in its intricacies"- Homer Simpson
If the "poor" were day trading IPOs then they deserved it.
Your idea of poor and my idea of poor are obviously very very different.
I've had enough abrasive sigs. Kittens are cute and fuzzy.
Actually, the company got screwed too. When you have an IPO, only the proceeds from the *initial* sale of shares goes the the company going public. When an IPO skyrockets on its first day of trading, it leaves money on the table. VA went public at $30 and closed at $299 the first day. That means that it probably could have gone public for $250 per share or so and gotten roughly 14 times the amount of capital they got. Since VA sold 4,400,000 shares in its IPO, that's $968,000,000 that went to CSFB's big institutional account holders instead of the company.
I think slashdot could survive a while on $1Bn cash, don't you?
To sum up: the company got screwed because it was denied a fair and rational IPO price.
"You done taken a wrong turn."
-Bill McKinney, in Deliverance
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Well, fraud is definitly a crime and I don't think the bastards were punished enough for having committed it. Firing people or depressing the stock market is probably not a crime. Not yet anyways.
As for genitals, I doubt they have any, though if that's the case I'm not sure how they managed to screw so many of their employees. Probably hired accountants to do it.
___
It's the end of my comment as I know it and I feel fine.
Yup, that's true. I'm sure I fudged my explanation a bit (late at night and typing a small essay), but you're correct. However, I find that most people don't get that. When you getting into anything of that magnitude people just look at you and go "huh?" So I avoided saying that directly.
SIG: HUP
Serves you all right for listening to someone with a /.id > 5000.
If the principle PEOPLE all got PERSONALLY fined, I still think this would happen a lot less.
Jail time vs fines and corporate vs personal punishments for wrongdoing are not really the same issue.
Looking for freelance Actionscript (Flash/Flex) or ColdFusion work and/or freelance developers. Email me, put Slashdot
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Watch some TV.
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