Slashdot Mirror


Tech Billionaire Mark Cuban Argues Stock Regulators Hurt the Economy (sfgate.com)

Tech entrepreneur and investor Mark Cuban denounced America's stock-regulating agency on CNBC this week, arguing that they're reducing the number of companies going public with vague rules that are open-ended. "[W]here there's no clarity and no certainty on what to do in response to the SEC, you get people doing nothing or people avoiding going public or doing anything to avoid dealing with the SEC," Cuban said on CNBC. "And that's a real problem for up and coming companies and it's a problem for the economy as well."

Mary Jo White, the head of America's SEC, had appeared earlier in the week near Silicon Valley, according to Bloomberg, telling an audience at Stanford Law school to be wary of billion-dollar valuation IPOs and warning that founders and startup advisors preparing for an IPO should watch their internal controls, reporting and certifications. "They are doing what the SEC always does," Cuban complained on CNBC. "100 degrees of gray."

85 comments

  1. Lack of perspective by Kjella · · Score: 5, Insightful

    If you're an honest business, you will see many regulations as an absolute hassle and cost. For every Enron there's a hundred relatively honest book-keepers who think the SOX laws as an unnecessary giant pain in the ass. Unfortunately they're needed to keep the market as a whole to function well, just like you need everything from health inspections for restaurants to safety inspections for construction workers. We know many would care anyway, but we also know some don't.

    --
    Live today, because you never know what tomorrow brings
    1. Re:Lack of perspective by JBMcB · · Score: 4, Insightful

      He's not arguing against regulation - he's saying the regulations are too vague.

      For comparison, the FDA's regulations on medical device are insanely detailed. The terminology in the regulations have hyperlinks back to a thesaurus that explain exactly what each word means, and examples of it's usage in regulatory filings, so you know exactly what they mean. If something is due in 30 days, it's explained that it's 30 contiguous calendar days, starting from the day some event happened and ending at midnight on the day due.

      SEC regulations can be maddeningly vague. Lots of "as soon as possible" and "within reason" and "as needed." So if you suffer a data breach, you need to notify your stockholders "as soon as possible." Well how soon is that? Within an hour? When you have all the relevant information on the impact? A month? An hour? Even if you are completely honest and up-front, it's possible to run afoul of a regulation like this, simply because it's up to some bureaucrat to decide if you've broken a vague regulation or not.

      --
      My Other Computer Is A Data General Nova III.
    2. Re:Lack of perspective by Anonymous Coward · · Score: 3, Insightful

      you missed his point entirely. it's not that there's regulations; it's that they are so vague and unevenly enforced. honest businesses try to exceed the vague requirements and still get burned. criminal businesses bend the rules as much as possible and get away with it for years until they are caught after millions are lost.

    3. Re:Lack of perspective by Anonymous Coward · · Score: 0

      Well how soon is that?

      As soon as reasonably possible for the 51% of the well-meaning corporate publicists. That should clear thighs up. ;)

    4. Re:Lack of perspective by Anonymous Coward · · Score: 0

      Yeah not the same thing. We're talking about mechanisms that people have put in place since the 30s to prevent actual collapse. These regulations have been aggressively chipped away at, hence 2008 GFC.

      When you talk about regulations of a business that is completely different. In fact the way the bankers work the international system its been designed in such a way that some countries have far less of these mechanisms whereas some of them have more. Take a look at how the FTSE is run vs how the NASDAQ is run.

    5. Re:Lack of perspective by Anonymous Coward · · Score: 2, Funny

      Well how soon is that?

      As soon as reasonably possible for the 51% of the well-meaning corporate publicists. That should clear thighs up. ;)

      You sure you didn't mean to post on the "drone vigilante vs prostitutes" story?

    6. Re:Lack of perspective by Anonymous Coward · · Score: 0

      for every hundred relatively honest book-keepers there's a hundred relatively honest book-keepers who'd suddenly stop ever having heard of the word honest if those regulations were removed.

    7. Re:Lack of perspective by Anonymous Coward · · Score: 1

      Do you know why there is that much of a difference between FDA regulations and SEC regulations? Both are 'written' by the same government, however as you point out the end results are entirely different. The lobbyists who write the FDA regulations have a direct interest in creating an environment their companies can work within whereas the SEC lobbyists still think that it's best to create legislation what they can work around.

      The simple truth of the matter is that those bureaucrats whom you imagine are draconian are in reality, often way too concerned about their future careers on Wall Street to be fair arbitrators of justice in the first place.

    8. Re:Lack of perspective by rtb61 · · Score: 2

      They are not vague by accident, they are vague on purpose. How does that work, easy, one group has millions to pay for lawyers and vague laws work for them in a corrupt interpretive dance and the rest, the 99% are persecuted and prosecuted by those same laws whilst they look at others who can afford get away with far worse crimes. The entitled rich paid to create an interpretive legal system they can readily abuse and even when finally prosecuted the interpretive penalties allow them to pay a smaller fine than the profits they generated.

      It is pretty much sharia laws for the high priest of capitalism to interpret in any way that suits them,"In God We Trust", where God is the funny money of US for private profit Federal Reserve.

      --
      Chaos - everything, everywhere, everywhen
    9. Re:Lack of perspective by Antique+Geekmeister · · Score: 4, Interesting

      > SEC regulations can be maddeningly vague

      Many FDA regulations are *insanely* confusing. Try doing *anything* that involves human nervous systems, such as research into sensory nerves or artificial vision, and you run into incredible amounts of what one "cannot" do and no acknowledge of what one *can* do. It's even worse for anything politically sensitive, such as revolution on human/simian comparative physiology, which offends the anti-evolution lobbies in Florida, artificial hearing, which offends the sign language deaf community, or Yahoo-Wahoo forbid, anything that mentions "stem cells", whether fetal or adult stem cells, due to the scare mongering about baby harvesting by these twits http://www.usatoday.com/story/...

      You would also not *believe* the regulatory schizophrenia about homeopathy and Scientology. The FDA refuses, under lots of lobbying pressure, to call them outright frauds. But it also refuses to allow them to make medical claims, so practitioners of both frauds make the claims by implication or by "personal testimonial", not by official advertising, and the FDA continues to not act against them.

    10. Re: Lack of perspective by Anonymous Coward · · Score: 0

      But what different in the Obama administration is they have wrote thier new anti business regulations so vague that honest businesses can't figure out what to do . Then they fine you for your interpretation . My wife works at a major bank in the compliance unit . They are tiring to comply and get fined . Do what the regulators want and they get fined when the regulators change thier mind on thier interpretation . Who cares it's just some greedy bank . You should because you pay a higher interest rate on your mortgage and get a lower interest rate on your savings to pay for it . Plus thousands of bank jobs lost to London where regulations are strict but consistent

    11. Re:Lack of perspective by SEE · · Score: 1

      If you're an honest business, you will see many regulations as an absolute hassle and cost

      And if you're a dishonest businessman, the regulations won't hamper you in the slightest, because you'll just lie on the forms. WorldCom, Enron, and Madoff weren't caught by regulators; the only thing that got them was that when business goes sour, you can't pay debts with fictional accounts.

    12. Re:Lack of perspective by Anonymous Coward · · Score: 1

      The medical industry is not what you want to quote for effective regulation examples. That's exactly the kind of regulation we don't want.. overly specific and too case based, that just leads to micromanagement.

      I think Mark is just a little too excited for a rapid economic recovery and boom. There is no need to speed up already blaoted investments in start-ups, nor is there any reasonably proof that the rules are hurting startups which are popping up left and right.. mostly with stupid ideas and far too much funding.

      I have to side with the SEC. Startups are already getting too much funding while presenting almost no proof their ideas will work or really proving the long term model works. Companies like Uber are grossly overrated for no good reason and that should scare people, not make them all want to jump onboard the trendy train to recessionille.

      It's great for Mark because he just keeps getting richer either way, but the rest of us are actually impacted by economic recessions caused by unchecked greed and on top of that we don't get much benefit from the 95% of startups that fail. It's kind of like the same people are just recyling the failed startup fund over and over to justify themselves as having jobs, but failing at a rate of 50% or more and spending millions of dollars to so it is not really a sound economic strategy. Just like betting on loan defaults is really not the type of market a sane regulatory body should allow.

      It's not that you can't make some money doing that Mark.. it's just that we can clearly see most startups already don't make it. It's not because they don't get funded. It's because their ideas were never good enough to get funding in the first place. At the current failure rate of startup the idea we need more should be met some extreme skepticism since that kind of logic defies common sense.

      That are markets where it's hard to startup because of state rules mostly, like the automotive market, but that isn't what Mark is whining about.

    13. Re: Lack of perspective by Anonymous Coward · · Score: 2, Insightful

      What an a$hole. Public companies are the ones really hurting the economy. They don't aim to employ, the don't aim to produce, they don't aim to create, they don't aim to have a long term strategy. Instead they aim to please an imaginary anonymous ugly gelatinous blob of all the "investors" which aren't investors but mere stock holders, and said ugly gelatinous blob does not really care if the company exists next quarter, the only thing they want is their earnings at the end of this quarter. That's right, they don't really care about this company next quarter, because the company may fire all the staff and sell all assets just to satisfy the anonymous ugly gelatinous blob desire for some profit this quarter, then the anonymous ugly gelatinous blob will just drop the stock and buy new one of a new company to parasite off.
        if anything public companies should be outlawed or reduced only to companies with named/preferred stock, and the shortest period a person should be allowed to hold a stock is 18 months. This is a real investor, not the speculants these days that don't really care which company and what with their high frequency trading.

    14. Re:Lack of perspective by golodh · · Score: 1
      @JBMCB

      Mr. Cuban's gripes have nothing to do with the FDA. From the article that has his interview It's the SEC that cramps his style.

      As to SEC rules being "vague", try formulating a set of clear rules and then watch everyone abusing the loopholes. Perhaps the largest part of the previous economic crisis (and the current lacklustre economy) is a direct result of runaway developments in the financial sector. Notably the stock market with its myriad derivatives, leverages, and trade of "risk". Those were all 100% legal when the mortgage crisis broke.

      As to the 100 shades of grey that mt. Cuban refers to: how about (voluntarily) sticking to the 10 shades closest to pure white, and leaving it at that? Don't tell me you can't make a startup successful without resorting to financial antics that you have reason to suspect the SEC might frown on.

      So I get the impression his indignation really isn't about genuine concern for poor struggling startup who would otherwise lack sufficient capital to succeed.

      Generally speaking, you don't get to be a billionaire without being thoroughly self-serving. Valuable to society, yes, but still self-serving. So let's be careful to what extent we accommodate such people's wishes, eh?

    15. Re: Lack of perspective by tsotha · · Score: 2

      Instead they aim to please an imaginary anonymous ugly gelatinous blob of all the "investors" which aren't investors but mere stock holders, and said ugly gelatinous blob does not really care if the company exists next quarter, the only thing they want is their earnings at the end of this quarter.

      This is grade-A bullshit. You know who "investors" are? They're people who've been slaving away in cubicles for 30 years putting money into their 401(k) plans hoping to spend a few years sleeping in before they die. Yes, they (meaning me) want good returns on their investments. Yes, stock holders are investors - why else would you buy a piece of a company?

    16. Re:Lack of perspective by Anonymous Coward · · Score: 0

      Seeing as the SEC didn't prosecute a single person under Bush's two terms, despite many whistleblowers telling them about frauds, scams and illegal trading. What's the point in the SEC when it's effectively turning a blind-eye to the oligarchs and crooks? The SEC should be part of the IRS. Just watch the crimes reduce knowing those buggers will be tearing into your entire wealth portfolio!

    17. Re:Lack of perspective by BitZtream · · Score: 1

      Right, and they ARE INTENTIONALLY vague to make it so you can't come up with some bullshit loophole based on the wording of the law rather than its intent.

      The SEC deals with blood sucking lawyers all day long, be happy you get vague rather than 'on a whim' or 'shot on site because they opened their mouth'.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    18. Re:Lack of perspective by Anonymous Coward · · Score: 0

      A billionaire thinks. News at 11.

    19. Re: Lack of perspective by ShanghaiBill · · Score: 1

      You know who "investors" are? They're people who've been slaving away in cubicles for 30 years putting money into their 401(k) plans

      Indeed. The total value of American stockmarkets is about $20 trillion. The total value of American retirement accounts is about $19 trillion, but about 40% is in non-equity investments (mostly bonds, but also REITs, etc.). So more than half of stock market equity is owned by working people saving for retirement, or already retired.

      The idea that investors only care about quarterly profits is nonsense. If you exclude HFTs (who are market-makers, not investors, and often hold stocks for less than a second), the average time an investor holds a stock has doubled in the last decade. Investors tend to be very patient with companies that have weak profits but high growth. Example: Amazon.

    20. Re:Lack of perspective by Attila+Dimedici · · Score: 1

      The thing is that Enron is the perfect example of a scandal that did not need new regulations to fix. The only reason Enron happened, the only reason Enron COULD happen, was because the tax on dividends was higher than the capital gains tax. If things had been the other way around, the tax on dividend being lower than the tax on capital gains, no one would have invested in Enron. The accounting games which Enron played to commit their fraud will not work with a company that is paying dividends (a company needs to be actually making money in order to pay out dividends, not just be making money on paper). In a market where dividends are taxed less than capital gains, the only people who will invest in a company which is not paying dividends are people who thoroughly understand the business the company is in and understand the risk they are taking.

      At the time the Enron scandal was going on, our government was manipulating the economy by setting the dividends tax rate as higher than the capital gains rate. When the government sets tax laws in order to manipulate the economy, as opposed to as a means of revenue generation, it always ends badly. Tax laws will always impact economic activity, and there is nothing wrong with taking that impact into account. But the tax should not be designed primarily to influence economic behavior. The entire discussion about tax laws being used to influence economic activity is too complicated to fully discuss in this sort of forum.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    21. Re:Lack of perspective by scamper_22 · · Score: 1

      Absolutely.

      Vague regulation is horrible.
      I'm going to take this on a slight tangent. There is real desire for some people to get away from the rule of law.

      I was watching the Democratic debate between Hilary and Sanders. There was a tidbit on gun control where

      Bernie voted against a law that would allow people to sue Gun Manufacturers if say a person legally buys a gun and then shoots up a school... for what reason. I couldn't figure it out.

      Hilary was all over it. She was saying Gun Manufacturers should be responsible for the kinds of guns they produce and who they market to...

      It was really a contrast to me. Because I don't see how you as a gun manufacturer could survive in Hilary's world. What the hell is legal? What the hell is illegal? I have no idea. Hilary doesn't even have an idea. But if something bad happens... you get sued for billions.

      The law should do whatever it wants with respect to gun control. If you can get the votes, ban types of gun. Heck, ban all guns and get rid of the industry if you think it is too toxic. Increase identification requirements. Whatever, I don't know. But they should be clear and easy to enforce.

      Financial regulation faces big problems, where the government is unwilling to ban practices yet they don't really know how to regulate it, so it ends up in a very vague zone of regulation. Regulations that are simply hard to enforce and you end up with a lot of subjectivity.

      In fact, I would argue by 'regulating' things that are not really regulated, you harm the system. If things are not regulated, they aren't giving the 'stamp of approval' and it causes people to stay away.

      Who of us banks at a bank that is not FDIC insured? We do it because we trust it because we assume the federal government is regulating and doing things to keep our money safe.

      Now the financial world is just a strange place. A lot of things are given 'stamps of approval' by the SEC, Freddie/Fanny, rating agencies... and so much of this is subjective and filled with conflict of interest.

      A lot of this needs to be cleared up with more clear laws instead of trying to regulate it.
      Maybe public rating agencies should be banned?
      And don't let people think laws can't be made reasonable.

      A lot of laws have phased in gradually. And some laws do require companies to improve their internal systems. That's okay too.

    22. Re:Lack of perspective by lsatenstein · · Score: 1

      If you're an honest business, you will see many regulations as an absolute hassle and cost. For every Enron there's a hundred relatively honest book-keepers who think the SOX laws as an unnecessary giant pain in the ass. Unfortunately they're needed to keep the market as a whole to function well, just like you need everything from health inspections for restaurants to safety inspections for construction workers. We know many would care anyway, but we also know some don't.

      Any Canadian Company that has a subsidiary in the USA has to implement SOX. I did that for a company that I worked for, back in 2008. SOX in the end was a good set of rules to follow. It made us more responsable to the shareholders.

      --
      Leslie Satenstein Montreal Quebec Canada
    23. Re:Lack of perspective by barrygrommit · · Score: 1

      A DG Nova!? Wow...you are the coolest guy on the block!

    24. Re:Lack of perspective by Anonymous Coward · · Score: 0

      Now that you mentioned it, my naughty fingers have been writing that all day long.

    25. Re:Lack of perspective by Anonymous Coward · · Score: 0

      He's not arguing against regulation - he's saying the regulations are too vague.

      Being vague is not necessarily a bad thing. It helps keep the scummier companies from paying unscrupulous lawyers to find easily exploitable loopholes around the regulation.

      For comparison, the FDA's regulations on medical device are insanely detailed.

      As it should be, a company going public usually does not have people's lives at stake.

      SEC regulations can be maddeningly vague. Lots of "as soon as possible" and "within reason" and "as needed." So if you suffer a data breach, you need to notify your stockholders "as soon as possible." Well how soon is that?

      If you bother to look it up, this does have an actual meaning, 'in the least amount of time there can be" this does not mean wait until you are caught hiding the breach (https://yro.slashdot.org/story/16/03/17/0356229/american-express-warns-customers-about-breach----from-2013).

    26. Re: Lack of perspective by gordo3000 · · Score: 1

      Where did you get these numbers? About 80% of stocks and mutual funds are held by the top 10% of the United States. The vast majority are not even close to "working class". Certainly people in the middle class may hold a very small amount of stock, but by and large, it is an irrelevant amount.

      Given that 90% of all non-primary residence wealth is held by the top 10%, it's ridiculous to imagine much of the financial wealth (stocks and mutual funds specifically) would be held outside the top 10%. Of course, a significant amount of money ends up in trusts by these same wealthy families, and maybe those trusts are classified as retirement accounts in your metrics?

    27. Re:Lack of perspective by gordo3000 · · Score: 1

      you may not actually care about the facts of the case, but Enron paid a dividend, that was a reasonably GOOD dividend compared to most other companies, throughout its time aggressively manipulating its books. The tax on dividends did not matter.

  2. How quickly we forget the 90's by known_coward_69 · · Score: 4, Informative

    And all the junk ipo's and stocks of the time. Going ipo back then was a way to cash out on junk companies by suckering the idiot peons into giving up their money Just like gambling

    1. Re: How quickly we forget the 90's by Anonymous Coward · · Score: 4, Interesting

      The fewer public companies we have the better. Individual shareholders have no say in anything anyway thanks to institutional ownership, and it's mostly public companies that are responsible for consolidation, loss of employment, offshoring, etc.

      Most privately held businesses are not large (yes, there are exceptions). Small businesses don't outsource, they don't bring in H1-B Indian wage thieves to do their tech work, they employ more people on a percentage basis, and an awful lot of them are not interested in growth at all costs all the time either.

      The economy and almost all of us would be far better off with less publicly traded companies.

    2. Re: How quickly we forget the 90's by GlobalEcho · · Score: 1

      Publicly held companies are one of the main ways the "little guy" can save for retirement or his kids' college. They help ordinary people to participate in the capital side of the economy. One of Thomas Piketty's points (whether you agree or not) was that great amounts of income are accruing to capital these days. The situation would be far worse if regular folks could invest only in government bonds.

      On the general topic of regulation for publicly traded US companies, I will further add that there is strong evidence it should be reduced. If you look at the growth in the overall market valuation over the last few decades, you will see that much of that growth has come from new entries into the market, like Facebook, and relatively little has come from subsequent value increases (though Facebook itself has increased). That is to say, it shows large segments of privately-held capital are responsible for most of the growth in valuation during the time these firms are held by VCs and pre-IPO (or pre-private equity).

      We need MORE ways for the general public to participate in economic growth, not fewer. A scandalous Enron here or there is not worth making IPOs so onerous that everyone avoids them as much as possible, which is kind of the current situation.

      Here's an analogy: if you have worked for a giant firm or big university you have probably found many of its procedures or business process sclerotic. How did it get that way? Well, every time something went wrong, somebody asked the question "How can we prevent this problem from ever occurring again?" They then went ahead with the prevention methods without regard to the corresponding cost in organizational flexibility.

    3. Re: How quickly we forget the 90's by Daemonik · · Score: 2

      Nobody but suckers invests in an IPO anyway. By the time the IPO comes around, the VC's have already negotiated themselves all the profits. The IPO is just to rake in some bucks from the dumb bastards who think they're going to be instant millionaires. Sure they'll drive the stock up hundreds of points and then it'll sink like a rock and trade for under $1 a share for months once people figure out it's actual value.

      The only 'winners' are the people who staged the game but never played.

    4. Re: How quickly we forget the 90's by Anonymous Coward · · Score: 0

      What is the cost of repeated error if not for the prevention? What is the utility of a market that is abused on a daily basis by the largest members?

      Those are the questions you need to answer instead.

    5. Re: How quickly we forget the 90's by Anonymous Coward · · Score: 0

      This!

    6. Re: How quickly we forget the 90's by known_coward_69 · · Score: 1

      only the companies that go IPO in the early part of a bull market generally become successful. the ones who go IPO late are generally junk. and most of the IPO's of the late 90's were junk companies with no profits who went belly up or were bought out for a fraction of value. Amazon was an early IPO and still here. Same with Yahoo. can't think of anyone else from the 90's

    7. Re: How quickly we forget the 90's by tsotha · · Score: 1

      Well, fine then. Don't invest in an IPO (I tend to agree with you on that point). But once the hype dies down you can decide whether or not to invest on the merits.

    8. Re:How quickly we forget the 90's by Anonymous Coward · · Score: 0

      My favourite IPO was for "Linux Gold Corp" that launched during the heyday of the first tech bubble, around the time that Red Hat went public, when having the word "Linux" in your name meant a huge boost in value. They made hundreds of millions of dollars off gullible investors simply by putting a hot keyword in their name. No surprise that a guy who also made a killing off dumb investors wants to limit the ability of the government to rein this kind of abuse in.

    9. Re:How quickly we forget the 90's by delt0r · · Score: 1

      How is it different now? In the US congress people are *allowed* to insider trade!

      --
      If information wants to be free, why does my internet connection cost so much?
    10. Re: How quickly we forget the 90's by Anonymous Coward · · Score: 0

      wage thieves? So If you find a shop selling things at cheaper price from your usual shop, and you decide to buy from there, that shop becomes a customer thief. Please do not accuse Indian workers for decisions by the Management of companies who chose to shift their workforce around. Maybe if the worker had a say in the management they can prevent such things from happening but oh well we hate the commies right.

  3. Re: To state the obvious by Anonymous Coward · · Score: 0

    You got a dead cat in there or what?

  4. Getting in the way by dbIII · · Score: 3, Insightful

    They are getting in the way of the good old American tradition of claim salting, but he doesn't understand that without them the good old American tradition of tarring, feathering or stringing up from the nearest tree becomes a viable solution to claim salters and other financial tricksters.

    1. Re:Getting in the way by Anonymous Coward · · Score: 0

      Bs. He absolutely 'gets it.' Like all billionaire-idiots he thinks he's smart, "because... Money, duh!"

  5. Mark Cuban is a douchenozzle by PopeRatzo · · Score: 4, Informative

    Mary Jo White, the head of America's SEC, had appeared earlier in the week near Silicon Valley, according to Bloomberg, telling an audience at Stanford Law school to be wary of billion-dollar valuation IPOs and warning that founders and startup advisors preparing for an IPO should watch their internal controls, reporting and certifications.

    Sounds like pretty sound advice to me.

    And Mark Cuban is a well-known douchebag who got lucky once and has been eating out on his good fortune ever since. And, he's one of the worst sports owners in the United States.

    http://bustedcoverage.com/2009...

    --
    You are welcome on my lawn.
    1. Re:Mark Cuban is a douchenozzle by Anonymous Coward · · Score: 2, Informative

      Cuban's views are probably influenced by SEC allegations against him of insider trading, for which he was cleared. He's actually a pretty good owner based on his willingness to try to provide a good fan experience and to do what it takes to put a winning team on the court. Yes, he got lucky by selling broadcast.com at the right time, but let's not pretend there wasn't a lot of hard work to put him in a position to receive such good fortune. Also, I like Cuban and Kevin O'Leary the best on Shark Tank. He's arrogant as hell, but entertaining and personable.

    2. Re:Mark Cuban is a douchenozzle by blankinthefill · · Score: 2

      I started reading the story wanting to hate him and disagree with him, and while I still dislike him, he's right. A lot of traders and companies and agencies are getting away with murder because the regulations are vague, and they use that to their advantage, keeping others out by interpreting regulations one way for some people, and raking in the dough by interpreting them more favorably for themselves and their friends. The SEC DOES 100% need to tighten up their regulations and enforcement. Someone brought up the FDA regulations, and while there is still some level of regulatory capture, etc with the FDA, it is nowhere NEAR as bad as the SEC. SEC emulation of FDA regulation sounds like a good thing to me. Now, I feel like this is not what Cuban is meaning to say, but it's completely in line with what he did say, so he can suck it.

    3. Re:Mark Cuban is a douchenozzle by Ryanrule · · Score: 1

      Does Cuban vote for the rebubs that refuse to fix it?

    4. Re:Mark Cuban is a douchenozzle by tsotha · · Score: 1

      Mary Jo White is, on the one hand, complaining that too many companies are eschewing an IPO. And on the other hand she's promising to put them through the ringer when they do.

      You'd have to be crazy to go public now unless you have a shady business plan. Interest rates are near zero (well, below zero in some places, but you can't borrow at that rate). If you need money it makes far more sense to borrow for expansion and keep ownership of your company.

  6. Regulate the term of the investment by Anonymous Coward · · Score: 4, Interesting

    The problem with today's stock market is that you don't make money off of investing (committing resources in expectation of *long term* gain). Most people in the market are making their money off of high frequency trading or day trading. They could care less how a stock will perform over the next week, month or year. They're looking at potential gains that moment.

    And there's nothing fundamentally wrong with that approach but that's not "investing". That's pure trading and it's very hard for companies to do business when they know their stock valuation (and hence access to capital) has nothing to with their long term plans but is driven by whichever way the wind is blowing that day.
     
    How to fix it? Exchanges make trading fees based off of period of investment. If your in it for one day, they take a 50% cut of profits. One year, 25%. 2+ years 5%. etc. However, they won't because currently the make money per trade so they want people trading like mad instead of investing for the long haul.

    1. Re:Regulate the term of the investment by Anonymous Coward · · Score: 0

      The problem with today's stock market is that you don't make money off of investing (committing resources in expectation of *long term* gain). Most people in the market are making their money off of high frequency trading or day trading. They could care less how a stock will perform over the next week, month or year.

      The penalties mentioned might work. You might even be able to narrow it.

      Consider top executives at major companies. Limit their salary to say no more than say 300k or something. The purpose is to force them to think long term. The rest will be in stock. A ten or so year old stock can be sold without penalty. Anything newer will have proportionally higher penalties.

      Basically if the exec sets the company up to fail just to inflate the stock price temporarily, well by the time they are allowed to sell their own most recent stock, the company is likely already in the toilet.

    2. Re:Regulate the term of the investment by Anonymous Coward · · Score: 0

      This is [partially] implemented in Belgium, under the format of a "speculation tax", since January this year. If you sell your stocks, bonds etc within 6 months, you'll have to pay a 33 percent tax. If you hold your securities longer than that period, you'll only have to pay the standard tariff: between 0% and 1.32% on the profit you made, depending on the security.

    3. Re:Regulate the term of the investment by Anonymous Coward · · Score: 0

      >If your in it for one day, they take a 50% cut of profits

      Not enough.

        1 year, 100% of profit. Simply kill the ability of anyone to make literally any money money off of anything remotely short term. Because fuck traders.

    4. Re:Regulate the term of the investment by Anonymous Coward · · Score: 0

      The problem in belgium is that the 33% tax is only on profits. If you make a loss you can not write this off from the profit.

      This means that options are useless in belgium now. An option is normally used to hedge against the price falling on the stock you bought.

      But now if you buy an option to protect you from a price change of the stock you will have to pay taxes of 33% of either the stock or option (depending which way the price went), and you can not subtract the loss on the other from the tax.

      It is completely insane regulation and all professional traders are exempt (because the stock market can't work with this kind of crazy tax system, it would just grind to a hold, or the tax is calculated in the prices in the market and 33% is a lot of money), so only individual investors are bitten by this law.

    5. Re:Regulate the term of the investment by Anonymous Coward · · Score: 0

      The average position is held for 11 seconds. Over 80% of trades are done by HFT algorithms.

  7. Re:To state the obvious by Anonymous Coward · · Score: 0

    No. Stating the obvious just gets you moded down here :)

  8. Head of the SEC has an interesting history by Beeftopia · · Score: 2

    Seems like there's a lot of conflicts of interest, kinda like Eric Holder: Mary Jo White, current head of the SEC

    Just because she's very good at defending financial sector firms doesn't mean she's a wise choice for regulating them. The regulatory agency heads are in federal service only briefly, taking large pay cuts to get into the position in order to make connections and understand how the government operates, before they go back to their industry.

  9. Why is he credible? by Anonymous Coward · · Score: 0

    He has no financial background, no legal background, and was only just barely cleared of insider trading charges and still has questionable ethics. His fame now comes from the culture derived from fraudster hatred of regulatory actions. There are few more biased and irrational sources for commentary on the topic of regulation.

  10. how do you define "hurt economy" by u19925 · · Score: 3, Interesting

    Believe it or not, but his definition of "hurt economy" may not be same as yours. Suppose some regulation cuts down 10 billion from top billionaires (2% reduction in top 0.1% people) and increases by 5 billion for bottom 20% (> 10% increase), would you call it improvement or hurting economy? It has increased 5 times more income for 200 times more people but in absolute term, it has reduced total economy. People like Mark count hurting economy by checking if they (billionaires) benefits or not. Without the regulations, I would put all my money in CD and real estate. Even now, investing in anything other than index fund is not for normal people, but without regulations, even that won't work.

    1. Re:how do you define "hurt economy" by h33t+l4x0r · · Score: 1

      I think he's talking about GDP and that should probably be everybody's default definition.

    2. Re:how do you define "hurt economy" by Anonymous Coward · · Score: 0

      But you in your state of ignorance think you have the tools to take money from billionaires? You think Sarbanes-Oxley exists for the 'little guy'... bwhahahahahahaha.

      Sarbanes-Oxley and it's ilk exist to keep rising companies down at the behest of the very largest companies and insiders that control the establishment - it is called 'regulatory capture'... Mark Cuban protests because he is an outsider (new money that got rich by his own skill and luck), and he knows the insiders have it out for him and would love to sacrifice him for the baying masses that can't tell the difference between who's making them poorer and who's making them richer.

  11. The market is freer than that by qbzzt · · Score: 1

    If you prefer some other country's regulatory regime, incorporate there, give the shares of the company to that corporation, and IPO it. You don't HAVE to be under SEC jurisdiction.

    --
    -- Support a free market in the field of government
  12. Mark Cuban is not a "Tech Billionaire"... by finlayson · · Score: 0

    ...He's a "Stock Market Billionaire". He made his fortune by buying puts on a large number of (grossly-overpriced) Yahoo shares that clueless Yahoo 'executives' gave him in exchange for his (vastly-overrated) company "broadcast.com".

  13. Maybe swimming with sharks by future+assassin · · Score: 2

    was a bad idea.

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  14. Translation: He wants to cash out by Anonymous Coward · · Score: 0

    I bet Cuban was early investor on many tech companies and wants to cash out before people realize companies without profit aren't worth anything. Spotify is prime example of a company who hasn't gone IPO yet. They lose money but with $1.5 billion in the bank they can stay the course for years.

  15. Exactly. 90% of millionaires made less than $100k by raymorris · · Score: 1

    That's exactly it. Over 90% of millionaires in America are retirees who made less than $100,000, invested about 15% of what they made, and are now self-sufficient because while they were "little guys", they were also owners of big businesses.

    I was earning $50,000 and investing 10%, becoming an owner (stockholder) in Google and dozens of other companies. Public companies are THE major way that the "little guy" can get ahead and have the same advantageous that owners of big companies have - because investors ARE owners of businesses.

  16. News At 11 by Anonymous Coward · · Score: 1

    Billionaire investor complains that the government doesn't operate like he does! "Why, when I want to make a decision, I just do it, you know? And I can do it for any reason, or even no reason at all. Why doesn't government work like this?"

    The role of the SEC is not to be a friendly, compliant, confidante and buddy. They are like auditors, they hold you to an independent standard. You are supposed to be a little uncomfortable when they are around. And minimizing your contact with them isn't a bad thing so long as you aren't actively hiding known illegal behaviour.

    Cuban's suggesting that companies holding off on going public hurts the economy is a stretch. While in decades past going public was a major sign of maturity for a company, this has changed. Many major companies are actively going private now. There are no prominent economists, investors, or business commentators I know of that now believe that staying private or going private is, by itself, a sign of weakness or problems. Or if they do believe that they are keeping their opinion to themselves.

  17. Re: To state the obvious by Anonymous Coward · · Score: 0

    Bu-dum-dum tsh-tsh

  18. "100 degrees of gray." by Anonymous Coward · · Score: 0

    Because "1.75 radians of grey" makes people go "huh?"

  19. Regulations is to broad of a topic by Anonymous Coward · · Score: 0

    You have to talk about the specific regulation or you are just talking out your ass. Any capitalism system will need tons of regulations to work, that's a well proven and long standing rule, even if many would prefer to ignore that reality. Capitalists models always have major greed issues that manifest in too much consolidation of wealth and power if you don't actively stop them. Supply and demand provides only a basic framework. The invisible hand of the consumer regulates the market through choice, ideally an informed choice. To a large degree wealth determines choice. The choices we can make as individuals and even the choices we allow others, such as our employees.

    When too much wealth is consolidated, obviously choice is consolidated as well. Once that consolidation of wealth and thus power get to a terminal point, the choices we make as individuals on a county and state level become less and less powerful in relation to the mega corporations. Many of these corporations are fairly immune to common boycotts because their revenue streams are just to diverse. They can take their time an absorb loses while coming up with a strategy that works for them instead of bowing to the pressure of consumers. Corporations often find ways to dodge consumers demands or provide just the bare minimum of consumer demands as a general business model they have no incentive to push forward as long as they are already making acceptable profits and we really do see this in products all the time. US car companies are well known for basically getting fat and lazy and letting Japanese car markers blow by them in the 70s and 80s and 90s. In a global market like the automobile market EVENTUALLY the market will correct those issues, but not without great loses and efficiencies during transitions. In other markets, like the medical industry or the power industry, there is no real global competition to keep them in check and there isn't going to be because they are regional services. You can't really make a portable hospital business or powerplant. They are tailored to the area and the costs of setting them up are enormous. This is generally where capitalism fails the hardest.

    In these highly necessary areas that take huge startup costs and are tied to regional demand and laws have almost no competition and capitalism simply does not work competition. Yet there is no model where you're going to be build a power plant next to another power plant just for the sake of healthy competition. Nor would you do the same with a hospital.

    So, clearly we need lots of regulation and we need that regulation to be smart. Stocks are not somehow magically immune to the need of regulations and history proves we need to stick with some reasonble stock, commodities and money market regulations or the greedy little bastards will extend themselves out 40:1 or more and when they fail they just wash their hands of it and pass that debt on to hundreds of millions of taxpayers, most of which made little to no money out of the deal but will get to pay for it.

    That's forced redistribution of wealth from the 1% to the 99%... and when the 99% wants health care the 1% don't want to see their high profit margins drop so they spend billions to stop it, but in the end that's not progress and the global economy pushes on. China pulls away from the US because the rich are basically too scared to invest into their own country and people anymore.

    That's really what's wrong with America. The wealthy are hoarding too much money and moving it overseas creating huge trade deficits. Most of that money could stay in America or at least North America. Stock markets, banking, commodities, whatever the hell the credit default swap market is.. that all WAY more regulation, not less.

    The stock market isn't even that smart of a model for startup funding anymore, so maybe Mark needs to modernize his understanding of how the future of the economies of the world are going to work. The stock market, as it is today, is certainly outdated and really just extremely

  20. Read TFS by Anonymous Coward · · Score: 0

    Read TFS ... The SEC has no standards that they hold you to. They make shit up, after the fact. The contrast to the FDA is a good one. The FDA has very, very detailed regulations and sticks to them. The IRS will give you a legal opinion when queried, and is legally bound to stick to it. The FAA will stick to the plan once they burn all of your engineering money negotiating it. However, the SEC will are shit up and fine you for doing exactly what they told you to do the last time they audited you.

    1. Re:Read TFS by Anonymous Coward · · Score: 0

      OK, I read the article. Just as I thought, the assertions are unfounded in logic.

      Cuban is essentially saying that private companies are staying private, or public companies are going private, because of SEC uncertainty. I know of no factual basis for saying that. OTOH I know of lots of individual companies making the public/private choice based upon a desire to manage for the long-term and they don't think they can do that as a public company. The evidence isn't there to support Cuban's statement, in other words and directly contrary evidence is plentiful.

      Now if the SEC will actually "fine you for doing exactly what they told you to do the last time they audited you", then that's a problem. I can't support that kind of behaviour. Except that Cuban didn't say that and I've never heard any credible statements or facts to support that is really going on.

      There's another issue too. Business loves "clarity" and "rules" when it comes to government. Business has made a great game over getting around regulatory rules, or getting the rules changed, or claiming that the rules are old and don't apply to current business practices. One of the problems of making specific rules is over-specificity, which becomes a gateway for regulatory avoidance and subversion of regulation.

      I have a feeling that Cuban has fallen into the trap of, "what is good for me is good for the country." He sees deals that he can't get because of regulation and that pisses him off. So he tries to get the regulation changed so he can profit. In order to bolster his case he needs to distract attention away from his self-interest, so he claims it's all really about the economy and national interest.

  21. By analogy... by Improv · · Score: 4, Insightful

    "How insulting can I be to someone in a bar without getting a fist in my face?"
    "Well, I can offer you advice, but you can't count on it if you make trouble"
    "Yes, but that's too vague. I want exact rules!"
    "That's not how it works, and trying to get right up to some limit is just asking for trouble"

    --
    For every problem, there is at least one solution that is simple, neat, and wrong.
    1. Re:By analogy... by Anonymous Coward · · Score: 1

      Modded +3? I weep for Slashdot, and humanity.

      A better analogy - on the highway you see a sign:

      Speed Limit: a reasonable speed.

      lol, wtf would you do then? That is exactly what these businesses face and so they do the equivalent of asking their accounting and legal firms what speeds other people have been punished for, then go half that and hope for the best. It is a wonder that America has any businesses left.

    2. Re:By analogy... by Xabraxas · · Score: 1

      If you're familiar with some of these regulations the reason it is hard (and unwise) to make exact rules is because businesses are all different. If you make regulations too specific in certain areas it could needlessly restrict businesses unless you make a different regulation for every business type. If you think regulation is a burden now think about that scenario.

      --
      Time makes more converts than reason
    3. Re:By analogy... by DogDude · · Score: 1

      You're complaining about moderation, yet you're posting as an AC.

      --
      I don't respond to AC's.
  22. Re: Exactly. 90% of millionaires made less than $1 by Anonymous Coward · · Score: 0

    Look up the word investors in the dictionary moron. An investor is someone who participates with money in a venture in order to share from the future profits, but also bear the liabilities. An investor is selfless and in for the long run, not for the next quarter.

  23. not an economy by Anonymous Coward · · Score: 0

    The stock market is not an economy, it is just a Monopoly game. It does not create real, overall wealth.

  24. science by Anonymous Coward · · Score: 0

    If the government was forced to pay all the legal and accounting costs of their regulations, everyone would be able to access the capital markets, not just the rich. The government would learn to save money by rationalizing the laws, only retaining those that were actually necessary.

  25. There is more to life than economy by elcor · · Score: 1

    Maybe moving the debate from class class to more fundamental perspective will help move forward.

  26. Sending IPO's overseas along with everything else by Anonymous Coward · · Score: 0

    You fools weren't content to just send your jobs overseas... but now you send IPO's and entire companies overseas too.

    No one has to list in the US - both US and non-US can list elsewhere. Also entire companies can pick up and leave the US. And US investors aren't limited to US markets.

    Consider the largest luggage brand Samsonite (which owns many other brands too) - founded in Denver, Colorado in 1910, now incorporated in Luxembourg and listed on the Hong Kong stock exchange. The whole company simply picked up and left.

    You did this. By you supporting things like Sarbanes-Oxley (and it's many predecessors) thinking you were going to stick it to business by making them live in an economic police state where on top of the myriad reporting requirements and compliance costs, it is unknowable in advance if they are breaking the law because the vague laws' interpretation are at the whims of government functionaries.

  27. Christ by Xabraxas · · Score: 1

    Whenever I hear an investor crying about regulation killing jobs I want to smack them. The lack of regulation is what led to the recent collapse, much worse than any "regulation" has ever done.

    --
    Time makes more converts than reason
    1. Re:Christ by inode_buddha · · Score: 1

      THIS. This x 1000. *LACK* of regulations killed jobs -- anyone remember "free trade"? Seems these companies are doing everything to deflect blame from the policies that *they lobbied for* and dodge any responsibility for the social conditions that *they created.*

      --
      C|N>K
  28. Re:Sending IPO's overseas along with everything el by Xabraxas · · Score: 1

    Spoke by someone who has no idea what SOX does.

    --
    Time makes more converts than reason
  29. Sure by Anonymous Coward · · Score: 0

    I've got mine now you can't have yours.
    Typical liberal elite.

  30. Re: Exactly. 90% of millionaires made less than $1 by jbengt · · Score: 1

    An investor is someone who participates with money in a venture in order to share from the future profits, but also bear the liabilities.

    Sorry, but with the limited liability laws for corporations and the bankruptcy laws, the only risk an investor is bearing is a possible loss of their initial investment. Society as a whole bears the risk of liabilities, in exchange for the potential economic benefits of increased risk taking.