Coyote Blog

Best Buy is apparently increasing its customer return window from 14 days to 30 days.

Why?  This certainly costs them money, not just from lost revenue but from the cost of restocking and returning to the manufacture (not to mention fraud).

Are they doing this because they are good guys?  Hah.  Do you really expect goodwill out of an electronic retailer?

They did it because they felt they had to.  As the top dog in dedicated electronics stores, they are constantly under competitive assault.  They are the reference point competitors start from.  Wal-mart attacks them on price.  Amazon.com attacks them on price and convenience.  Smaller retailers attack them on knowledge and integration services.  Everyone attacks them on the niche details like return policies.

Best Buy did this not because they wanted to, but because they felt they had to under competitive pressure.  The accountability enforced by the market works faster, on more relevant variables, and far more powerfully than government regulation.

When the government does regulate variables such as this, such regulation often actually blunts the full accountability of the market.  Retail laws in many European countries set maximum hours and discount levels, protecting large retailers like Best Buy from upstarts trying to provide a better of different service.

This seems to represent the general MSM reaction to Peter Gleick's fraud in obtaining Heartland documents:

Peter Gleick violated a principle rule of the global-warming debate: Climate scientists must be better than their opponents....

It’s very tempting for scientists and their allies to employ to tactics of their over-aggressive critics. Yet the global warming camp must make an affirmative case for ambitious action on carbon emissions. Critics need only poke holes in the scientists’ arguments, or, as is so often the case in global warming debates, merely insist they’ve done so. Manipulation and perfidy work much better for the deniers.

Whatever the misdeeds of those who attack climate research, however braindead the opposition to climate scientists appears to be, advocates degrade themselves when they allow their frustrations to get the better of their ethical responsibilities. They lend credence to the (wrong) impression that both sides of the debate are equally worthy of criticism, that global warming is another ideological war that both sides fight deceitfully. In that context, those who want to spend lots of money to green the economy lose, and those who want to do nothing win. As Rick Santorum tours the country accusing climate activists of treachery and conspiracy, this should be only more obvious.

In other words, shame on Gleick for stooping to the level of those corrupt and evil skeptics.  A sentence or two of denunciation of Gleick for an actual crime, accompanied by 500 words of unsubstantiated ad hominem attacks on skeptics.  Nice.  I try to have a "let's play nice" response and this is what comes back in return?  Very frustrating.

I am always fascinated by folks who fear private power but support continuing increases in public / government power.  For me there is no contest - public power is far more threatening.  This is not because I necesarily trust private corporations like Goldman Sachs or Exxon or Google more than I do public officials.  Its because I have much more avenues of redress to escape the clutches of private companies and/or to enforce accountability on them.  I trust the incentives faced by private actors and the accountability mechanisms in the marketplace far more than I trust those that apply to government.

Here is a good example.  First, Kevin Drum laments the end of privacy because Google has proposed a more intrusive privacy policy.  I am not particularly happy about the changes, but at the end of the day, I am comforted by two things.  One:  I can stop using Google services.  Sure, I use them a lot now, but I don't have to.  After all, I used to be a customer or user of AOL, Compuserve, the Source, Earthlink, and Netscape and managed to move on from those guys.  Second:  At the end of the day, the worst they are tying to do to me is sell me stuff.  You mean, instead of being bombarded by irrelevant ads I will be bombarded by slightly more relevant ads?  Short of attempts of outright fraud like identity theft, the legal uses of this data are limited.

Kevin Drum, who consistently has more faith in the state than in private actors, actually gets at the real problem in passing (my emphasis added)

And yet…I'm just not there yet. It's bad enough that Google can build up a massive and—if we're honest, slightly scary—profile of my activities, but it will be a lot worse when Google and Facebook and Procter & Gamble all get together to merge these profiles into a single uber-database and then sell it off for a fee to anyone with a product to hawk. Or any government agency that thinks this kind of information might be pretty handy.

The last part is key.  Because the worst P&G will do is try to sell you some Charmin.  The government, however, can throw you and jail and take all your property.  Time and again I see people complaining about private power, but at its core their argument really depends on the power of the state to inspire fear.  Michael Moore criticizes private enterprise in Capitalism:  A Love Story, but most of his vignettes actually boil down to private individuals manipulating state power.  In true free market capitalism, his negative examples couldn't occur.  Crony capitalism isn't a problem of private enterprise, its a problem of the increasingly powerful state.  Ditto with Google:  Sure I don't like having my data get sold to marketers, and at some point I may leave Google over it.  But the point is that I can leave Google .... try leaving your government-enforced monopoly utility provider.  Or go find an alternative to the DMV.

A great example of this contrast comes to us from Hawaii:

There may be some trouble brewing in paradise, thanks to a seemingly draconian law currently under consideration in Hawaii's state legislature. If passed, H.B. 2288 would require all ISPs within the state to track and store information on their customers, including details on every website they visit, as well as their own names and addresses. The measure, introduced on Friday, also calls for this information to be recorded on each customer's digital file and stored for a full two years. Perhaps most troubling is the fact that the bill includes virtually no restrictions on how ISPs can use (read: "sell") this information, nor does it specify whether law enforcement authorities would need a court order to obtain a user's dossier from an ISP. And, because it applies to any firm that "provides access to the Internet," the law could conceivably be expanded to include not just service providers, but internet cafes, hotels or other businesses.

Americans fed up with Google's nosiness can simply switch email providers.  But if they live in Hawaii, they will have no escape from the government's intrusiveness.

That is the purposely inflammatory title of my article this week at Forbes.com, finding the roots of crony capitalism not in capitalism itself, but in progressive legislation.  An excerpt:

The core of capitalism has nothing to do with, and is in fact inherently corrupted by, the exercise of state power.  At its heart, capitalism is one simple proposition -- free exchange between individuals based on mutual self-interest.  There is no room in this definition for subsidies or special government preferences or bailouts.  The meat and potatoes activities of crony capitalism are corruptions rather than features of free markets.  Where state power to intervene in economic activity does not exist, neither does cronyism.

Believe it or not, the Occupy movement reminds me of nothing so much as 1832.  Flash back to that year, and you will find Federal officials with almost no power to help or hinder commerce... with one exception: the Second Bank of the United States, a powerful quasi-public institution that used its monopoly on government deposits as a source of funds for private lending.  The bank was accused of using its immense reserves of government cash to influence elections, enrich the favored, and lend based on political rather than economic formulae (any of this sound familiar?).  Andrew Jackson and his supporters, the raucous occupiers of their day, came into office campaigning against the fraud and cronyism at the Bank.

Jackson, much like the current OWS folks, was a strange blend of sometimes frontier anarchist and sometimes tyrannical authoritarian.  But in the case of the Second Bank, the OWS movement could well learn from Jackson.  He didn't propose new and greater powers for government officials to help check abuses of the existing powers -- he proposed to kill the Bank entirely.  Eliminate the source of power, and men can no longer tap it for their own enrichment.

Unfortunately, the progressive Left which makes up most of the OWS movement has taken exactly the opposite approach over the last century or so, expanding government powers and economic institutions (such that today the scope of the second bank seems quaintly limited) and thus the opportunity for cronyism.   In fact, most of the interventions that make crony capitalism possible are facilitated and enabled by the very progressive legislation that the progressive Left and the OWS protesters tend to favor.  Consider some examples...

Local Conservative Greg Patterson blames the death of several sex workers in Detroit on the Backpage, because the killer may have targeted them based on their ads in that periodical.

The killers are the ones who should be held responsible, but what about parties whose negligent actions facilitate the killing?  How about the example of a school with poor lighting, or the business with lots of bushes in which bad guys can hide?  There are plenty of cases that show the property owner would be liable for the intentional torts of others.

So New Times knows that Adult ads are used by bad guys...even to the point of murder.  Craigslist stopped accepting these ads after a similar incident and New Times picked up the business...at a considrable profit.  So can they be held accountable for the deaths in Detroit?  I would argue that they can be.  What about future deaths?  What happens if New Times continues to accept adult advertising and someone else gets killed?  Actionable?  I would say yes.

This is exactly the sort of spurious liability logic Conservatives tend to mock, except of course when it involves a target it does not like.  In this case free market Conservatives really hate Backpage for accepting freely placed ads for free exchange involving consensual sex.  I responded in the comments:

Why do you cast so far afield for an analogy in your third to last paragraph [the one above about schools with poor lighting]? Why not take a directly parallel example - what if some killer were stalking Starbucks barristas whose work places he identified through ads in the Republic or via Google Maps? Would you really run around in circles blaming Google? This is like saying that a serial killer is facilitated by the phone companies because they publish the phone book the killer used.

We are talking about ads placed via free exchange for consensual sex. Yes, in our bizarre society, Conservatives who nominally support all other types of free exchange have had this one sort banned. But it is ironically the very fact that this sort of consensual commerce is illegal that makes this work so dangerous. Escorts/hookers are vulnerable to abuse, crime, fraud etc. precisely because they have less ability to access the legal system for redress.

If you want to discuss who facilitated the death of these women, let's talk about those who drove their profession underground.

This is one of the most incredible things I have seen in a while.  I will describe the video, but it is only a bit over a minute long and you should definitely watch it.

The clip below is an outtake from the environmentalist movie "Crude", which purported to document the environmentalist's case against Chevron in Ecuador.  Apparently, between takes of earnest and un-selfinterested environmentalists saving the world from greedy corporations, these self-same environmentalists discussed lying about the science and duping the courts in order to score a big payday for themselves.

The video is doubly interesting because, as Anthony Watts explains, the woman in the video taking money to make up untrue findings was recently confirmed to the NAS, where there is a good bet that we will see her as the source for "evidence" that fracking is contaminating groundwater.  These three folks are all the subject of a civil suit from Chevron but all three should be subject to criminal charges for fraud and conspiracy.

Investors everywhere were shocked to see that MF Global seems to have lost over a billion dollars of their customers capital.  In most cases, this capital was cash customers thought was sequestered as collateral for their trading accounts.  MF Global took its customers money and used that money as collateral in making risky, leveraged bets on European sovereign debt, bets that fell apart as debt prices fell and MF Global faced margin calls on its bets that it did not have the liquidity to cover.

Certainly it strikes most folks as unethical to lose the assets in your customers' brokerage accounts making bets for the house.  But it turns out, it may have been entirely legal.  This article is quite good, and helps explain what was going on, what this "hypothecation" thing is (basically a fancy term for leveraging up assets by using them as collateral on loans), and why it may have been legal.

In short, the article discusses two regulatory changes that seemed to be important.  The first was a 2000 (ie Clinton era, for those who still think these regulatory screwups are attributable to a single Party) relaxation in how brokerages could invest customers' collateral in their trading accounts.  The second was a loophole where brokerages created subsidiaries in countries with no controls on how client money was re-used (in this case mostly the UK) and used those subsidiaries to reinvest money even in US brokerage accounts.

The increase in leverage was staggering.  Already, cash in most commodities trading accounts is leveraged - customers might have only 30% of the value of their trading positions as collateral on their margin account.  Then the brokerage houses took this collateral and used it as collateral on new loans.  Those receiving the collateral on the other end often did the same.

MF Global would be bad if it were fraud.  But it is even worse if MF Global is doing legally what every other brokerage house is still doing.

Here is the minimum one should do:  Diversify brokerage accounts.  We diversify between bonds and stocks and other investments, but many people have everything in one account with one company.  I am not sure anyone can be trusted any more.  My mutual funds are now spread across three firms and, if I grow my brokerage account for individual stocks and investments (right now it is tiny) I will split that as well.

Good advice from Popehat

Hence, the government’s chickenshit false statement trap works — even though the government agents set it up from the start. Now, however weak or strong their evidence is of the issue they are investigating, they’ve got you on a Section 1001 charge — a federal felony. In effect, they are manufacturing felonies in the course of investigations.

You think this is an improbable scenario? You think I’m talking about rare and extreme cases to color the entirety of federal law enforcement? To the contrary, as a federal defense attorney, I’m encountering this more and more often. Not to sound like an old fart, but we never indulged in such bullshit when I was a federal prosecutor (cue the scoffing from many defense attorneys). But in the last 12 years, I’ve seen it in a dozen cases, and heard about it from colleagues across the country. It’s now routine for federal agents to close out an investigation with a false-statement-trap interview of a target in an effort to add a Section 1001 cherry to the top of the cake.

The lesson — other than that criminal justice often has little to do with actual justice — is this: for God’s sake shut up. Law enforcement agents seeking to interview you are not your friends. You cannot count on “just clearing this one thing up.” Demand to talk to a lawyer before talking to the cops. Every time.

Read it all.  He explains how easy it is to fall into this trap, and how even non-material statements get spun as felonies.   Remember, Martha Stewart went to the slammer for lying to investigators, not for stock fraud or insider trading.

This Newsweek article reviews the amazing coincidence that so many Obama DOE loans and subsidies benefited heavy-duty Obama campaign supporters.  The author seems surprised:

...these were highly competitive grant and loan programs—not usually a hallmark of cronyism. Often fewer than 10 percent of applicants were deemed worthy.

Nevertheless, a large proportion of the winners were companies with Obama-campaign connections. Indeed, at least 10 members of Obama’s finance committee and more than a dozen of his campaign bundlers were big winners in getting your money.

While nominally about the Gibson Guitar raid, this article is actually a great primer on abusive prosecutorial tactics businesses are increasingly facing

Prosecutors who are looking for an easy “win” know that businesses roll over. A public raid on its offices, or an indictment of its officers, can destroy a business’s reputation and viability. That makes the owners easy to intimidate into a plea bargain.

If they choose to fight, they face the full wrath and fury of the feds. In the Gibson raids, the SWAT teams were deployed even though Gibson had offered its full cooperation to investigators. Such raids are increasingly used to intimidate citizens under suspicion. The orchid importer, a 65-year-old with Parkinson’s, was shoved against a wall by armed officers in flak jackets, frisked, and forced into a chair without explanation while his home was searched

The government also attempts to get low-level employees to “finger” their bosses. For example, the feds threatened Gibson employees with long prison sentences. This is not a search for truth, but an immoral attempt at extortion to win convictions. Investigators examine the lives of “little fish” and use minor, unrelated violations (smoking a joint, or exaggerating income on a loan application) to pressure them to back the government’s case against their employers. Mobsters have experience with threats like this, but a secretary or an accountant is scared to death by the threat of prosecution.

A favorite ploy of prosecutors in these cases is to charge defendants with false statements based on their answers to the investigators. The sentence for this can be five years in prison. No recording is made of the interviews — in fact, the feds prohibit taping the interviews — and the agents are not stenographers. They cannot possibly recall the exact wording of the questions and the answers. Yet after the interview, they will produce a “transcript” replete with quotes throughout. And if a witness says he did not actually say what the agent put in quotes, it is the witness’s word against a fine, upstanding federal agent’s. Staring at a five-year sentence will get most people to say whatever the government wants them to.

The feds also pile up charges. According to Juszkiewicz, the Justice Department warned Gibson that each instance of shipping a guitar from its facility would bring an added charge of obstruction of justice. Prosecutors routinely add extra counts to stack potential prison sentences higher. For instance, faxing invoices for the wood would be charged as wire fraud. Depositing the check for the sale of the guitars would be money laundering. The CEO’s telling the press he is innocent would bring charges of fraud or stock manipulation. The intent is to threaten such long sentences that the targets plead guilty rather than risk decades in prison.

Prosecutors further tighten the screws by seizing the assets of the company, a tactic once used against pirates and drug lords but now routinely used to prosecute white-collar crimes. The federal agents seized six guitars and several pallets of ebony during their initial 2009 raid against Gibson. Federal law allows assets to be seized not just from convicted criminals, but also from those never charged. Owners must prove that the forfeited property was obtained legally; otherwise, the government can keep it. That gives the government incredible leverage, because without the seized inventory and bank accounts, the business will most likely go under. How can Gibson make guitars if the wood is being held by the government? How can it service customers when the government took its computers as evidence? How can it pay lawyers when its bank accounts were seized? Asset forfeitures bring to mind a similar twist on the law uttered by the Queen of Hearts in Alice in Wonderland: “Sentence first, verdict afterwards.”

I have argued many times that private investors, over the long haul, will make better investment choices than the government, in part because they have better incentives and information to guide their decision-making.  The straw-man argument against this is to point out anecdotes of failed private investments.  Heck, I can do that.  Pets.com famously blew through $300 million of private capital with a corporate strategy that never made much sense to people.

The Pets.com investors were chagrined, and probably learned a lesson from their mistake.  Certainly most of us thought the blame, if blame existed, for the debacle rested on the investors for pouring money into a bad proposition.  Certainly no one accused the management of fraud -- I am sure they were diligently, honestly trying to make the company a success, even if they were misguided as to where that success lay.

As it turned out, everyone, not just the Pets.com investors, learned from the mistake.  The failure was an important driver in an industry-wide rethink as to what a successful Internet business model might look like.  This benefit only came because people were willing to acknowledge not just that the Pets.com investment was flawed, but that it represented a systematic mistake that was being made vis a vis Internet startup investments.

Now, consider solar manufacturer Solyndra.  It failed this week, likely taking with it most of $535 million in taxpayer money that the Obama Administration was so eager to give them that it short-cutted its internal processes to fork over the cash more quickly.

Many of us on the outside would love to see the government rethink such investments in a systematic way, and reconsider if it is even possible for the government to make such investments, and in particular whether "green jobs" investments make any sense at all.

But the likelihood of that kind of introspection happening in the public world is about zero, and my bet is that Obama is going to propose more of the same tonight in his speech.

In fact, the Department of Energy (the source of the loan) and the FBI have today sent armed agents into Solyndra looking for evidence of fraud.   While Zero Hedge argues that fraud would be bad for Obama, in fact I think it would probably be the best possible outcome and one he is hoping for.  If he can say, "wow, you and I both got tricked here by some evil folks we are going to put in jail" it deflects attention from the fact that he put a half billion dollars of taxpayer money into a business plan that never made a lick of sense.

Another me-too solar manufacturer with a factory in California of all places was never going to compete in a global commodity market.  This company's plan was always to sell dollars for 50 cents and to make it up on volume.  I don't see how any investor thought this was going to work.  My guess is that the private investors didn't know much about solar and invested because it had a certain hip-ness to it, or less charitably, they knew it never made sense but hoped that Uncle Sam, once it was already in for a half billion, would keep more money flowing or perhaps agree to buy out their production at above market prices.

There may have indeed been fraud, but as in the case of Pets.com, it is perfectly possible no real internal fraud existed and they ran through a ton of money against a stupid business plan that should never have been funded.  Obama would greatly prefer to call it fraud rather than his own failure of judgement.  As an aside, Fannie and Freddie are pursuing exactly the same course in suing banks, arguing that they were defrauded by the banks in buying mortgages, a fairly laughable proposition in the great scheme of things when one considers Fannie and Freddie were at the forefront of the industry in driving down lending standards and promoting the expansion of the mortgage market.

Most of you will know that the California solar company Solyndra has failed, burning through in less than two years nearly $535 million in taxpayer money.

I wrote in Forbes yesterday that it was a headscratcher why anyone thought this a sound investment

Obama’s investment of taxpayer money into Solyndra is a great example.  It is clear little due diligence was completed before the loan guarantees to Solyndrawere rushed out the door in 2009 in time to meet Energy Secretary StevenChu’s artificial target date for the first loan of Obama’s green jobs program.  A good, well-timed sound bite on the evening news was more important that the actual details of the investment.

But, in fact, little due diligence should have been necessary.  Already in 2009 it was clear that the solar panel industry had commoditized, and low-cost manufacturing would be the key to succefully competing in the market.  Further, European countries whose subsidies and high feed-in tariffs for solar were driving most of the market growth were already in the process of dialing back those incentives.

Surely any reasonable investor would have been leary about entering such a market with an under-scale startup, much less one which chose California of all places to build their plant.  Most rational investors would cite California as a huge liability in a falling-price commodity market, but it was an asset for a company trying to compete in capturing taxpayer dollars, being the home of many of the most powerful politicians most likely to buy into the green jobs boondoggle (of course it did not hurt that Solyndra’s largest investor is a major Obama campaign contributor).

It turns out that the numbers were worse than I imagined, and reading ZeroHedge, it seems like some outright fraud may be involved (hat tip to a reader who I cannot never figure out if he wants to have his name mentioned or not)

What was in the prospectus was, no doubt, the real reason that investor chose to take a ‘pass’ on the deal. There were revenue/expense numbers for the nine months preceding the proposed deal:

Revenue: $58.8mm

Cost of Goods Sold: $108.0mm

That is an absolute complete disaster. This is a low margin business to begin with. At Solyndra they were losing 84 cents for every dollar of sales. Adding in SG&A and CapEx the losses and cash drain had to be very heavy.

Wow, that is really a fail.  Even in the worst run late 90's Internet company I ever encountered, they were not selling dollars for 50 cents.  One wonders what numbers Steven Chu and company saw before they funded this dog, and whether from the very beginning these guys were counting on a steady stream of 9-figure government subsidy checks.

From Robert Powel at Yahoo Finance

On the contrary, Landis noted that disability claims are up, as are SSI public assistance claims. And to some, including John Laitner, the director of the University of Michigan Retirement Research Center, that spells trouble.

The Old Age Survivors Insurance (OASI) fund, from which retirement benefits are paid, continues to grow modestly, Laitner said. The OASI fund is expected to grow from $2.4 trillion in 2010 to an estimated $2.5 trillion in 2011. (See page 3 of Facts & Figures.) But the Disability Insurance (DI) trust fund is shrinking, and has reached a very low level. The DI fund is expected to fall from $180 billion in 2010 to an estimated $154 billion in 2011.

What's more, disability awards have grown faster since 1970 than those for retirees, Laitner said. The annual number of awards to disabled retired workers rose from 1.3 million in 1970 to 2.6 million in 2010, while for disabled workers it increased from 350,000 in 1970 to 1 million in 2010. And if that wasn't bad enough, the average age of retired beneficiaries has risen slightly since 1960, but the average age of disabled beneficiaries has fallen.

According to Facts & Figures: "The average age of disabled-worker beneficiaries in current-payment status has declined substantially since 1960, when DI benefits first became available to persons younger than age 50. In that year, the average age of a disabled worker was 57.2 years. The rapid drop in average age in the following years reflects a growing number of awards to workers under 50. By 1995, the average age had fallen to a low of 49.8, and by 2010, it had risen to 52.8. By contrast, the average age of retired workers has changed little over time, rising from 72.4 in 1960 to 73.7 in 2010." (See page 17.)

Said Laitner: "In my opinion, long-run concerns about the financial solvency of both OASI and DI are warranted, but between the two, DI seems to raise the most immediate alarm."

I only have anecdotal evidence, and that can be dangerous, but I cannot tell you how many fully able-bodied people come to our company and say "I have a lifetime full disability payment but I am fully able to do any work.  I can't show any income because I would lose my disability... can you pay me under the table somehow? [of course we cannot]."  My strong suspicion from observing the disability process from the outside is that there is a ton of fraud.

I have met people whose lifetime dream and goal is to get a disability designation.  I once had a worker who was applying for a full disability.  Asked by someone in the process about my assessment of her ability, I submitted some material about her job requirements and the types of things she seemed able to do.  She actually hired a lawyer who threatened to sue me if I in any way interfered with the process of her getting her disability designation.  It may not seem like a fortune to you or I, but I have met a number of folks who treat a lifetime disability designation as equivalent to hitting the lottery.

Of course, reform here will be nearly impossible.  You only have to look at some of the public employees groups that have lucrative disability programs where union-vetted doctors routinely handout disability designations to nearly every retiree.  Any attempt at reform will merely be met with heart-rending stories in the media about folks with true disabilities needing help, ignoring the fact that any effort to cut down on fraud is actually to help these folks by insuring the financial solvency of the fund that pays them.

I have written before that peer review is not a guarantee of correctness.  Most academics would laugh at that portrayal, yet that is exactly how climate peer review is treated in the media.

A number of years ago, Charles Monnett, flying over the Arctic to do some sort of whale study, saw 3-4 polar bears floating dead in the water.  Without either a) retrieving the bear carcasses or b) even getting a picture of them, he wrote up a paper that discussed the siting and hypothesized the bears drowned in a storm and further that more bears would likely drown in the future if global warming melts more Arctic ice in the summer.  The findings were the basis for a lot of worry about polar bears, and played a key role in Al Gore's movie.   Panic over the dead bears and Monnett's wild hypotheses about them helped fuel calls for declaring the bears endangered, despite all evidence that their populations have actually been increasing over the last few years.  Monnett did quite well from the work, parlaying his fame into management of a $50 million study budget, the dream of all academics.

Monnett's study has come back into the news because there has been some kind of investigation of him and his work by the Feds.  There has been a lot of speculation among skeptics that the investigation focuses on academic fraud, but I thought that a stretch.  As I wrote here

1. If you read between the lines in the news articles, we really have no idea what is going on.  The guy could have falsified his travel expense reports
2. The likelihood that an Obama Administration agency would be trying to root out academic fraud at all, or that if they did so they would start here, seems absurd to me.
3. There is no room for fraud because the study was, on its face, facile and useless.  The authors basically extrapolated from a single data point.  As I tell folks all the time, if you have only one data point, you can draw virtually any trend line you want through it.  They had no evidence of what caused the bear deaths or if they were in any way typical or part of a trend — it was all pure speculation and crazy extrapolation.  How could there be fraud when there was not any data here in the first place?  The fraud was in the media, Al Gore, and ultimately the EPA treating this with any sort of gravitas.

Seriously, you see four floating bear bodies from 1500 feet, once.  You don't have any facts about how they died.  You only have one data point in time.  Where is there room for fraud?  It's one freaking useless data point.    Here is just a taste of what a joke this study was:

The actual survey Monnett was conducting when he observed the dead bears in 2004 was the migration of bowhead whales.  Investigators questioned how he later obtained data for a table listing live and dead polar bear sightings from 1987 to 2004.

“So how could you make the statement that no dead polar bears were observed” during that time period? May asked.

“Because we talked to the people that had flown the flights, and they would remember whether they had seen any dead polar bears,” Monnett said.

They only mystery is how this unbelievably trivial piece of work was published.

Well, now we have a better idea.  The reviewers for the article were Lisa Rotterman and Andrew Derocher.   Incredibly, it turns out Ms. Rotterman is his wife - yes, some people are more peers than others - and Derocher was awarded a large research contract by Monnett just before he reviewed the article.  Wow.

By the way, I think I will be both right and wrong.  I was pretty sure any government investigation would be about misuse of funds, and that does seem to be the main thrust here, though I was wrong in that it does seem to touch on academic fraud as well, in particular the idea of giving out grant money as a quid pro quo for a positive review  (a practice that skeptics have long sustpected in the climate community).

By the way, both Monnett and his partner Gleason now are claiming that everyone blew their study out of proportion and it wasn't really about global warming.  If this is true, they were sure silent about this when they were basking in all kinds of attention and press and grant money.  Either of them could have stepped forward and stopped the momentum that built from this article and they did not.

By the way, for those who still want to believe that the EPA is drive by science,

Gleason concedes that the study had a major impact on the controversial listing of the bear as an endangered species because of global warming.

“As a side note, talking about my former supervisor, he actually sent me an e-mail at one point saying, ‘You’re the reason polar bears got listed,’” Gleason said.

One sighting in history of four floating dead polar bears and suddenly our whole fossil fuel economy has to be shut down.

Megan McArdle posted a hypothetical list of what would have to stop if the government shrunk 40%, which is grabbed gleefully by folks likeKevin Drum to support the continued fiat power of government officials to demand that the public sector be as large as they, not we, want it.

Here are two examples:

The market for guaranteed student loans plunges into chaos. Hope your kid wasn't going to college this year!

The mortgage market evaporates. Hope you didn't need to buy or sell a house!

Wow - this is a great example of how statists defend their power.  Here is the basic process:

Step 1:  Take over a traditionally private offering and move it into the public domain.  Mortgage lending is a good example.  Wipe out the private sector either by fiat, or by subsidizing the government offering.

Step 2: Once the traditionally private offering has been made a public good, use its loss as a threat against any decrease in government size or power.

Just because the government does not provide the offering does not mean it won't exist.  Private mortgages and private student loans without government guarantees existed for years and can again.

Yes, it would be a mess if done overnight, but this just demonstrates that the government has gone past government service to hostage-taking.  If you threaten us and our power, we will bring everything crashing down.  It is obscene, and all the more reason, when the near term budget problems are sorted out, we need to start moving all these activities back to the private sector.

By the way, this is a great demonstration of how, while the private sector can screw up, giving the public sector power to supposedly tame the private sector just creates a worse problem.  Sure, some private mortgage lenders screwed up and contributed to the bubble.  Some even committed fraud.  But none of them had the power to shut down the entire market, as in the implied threat here.

McArdle's list may be a good reason not to let the debt limit expire, but it is an even better reason to get these activities out of the Federal government so that a few politicians can no longer hold us hostage.

I am certain that I have made this mistake myself, but Kevin Drum is careless about using data just because it 1) is labeled in a way he thinks he understands and 2) it supports his pre-conceived notions.

He tries to use the above chart to make the point that Medicare is superior to private insurers because it is more "accurate."  Accuracy in claims seems like a good thing, but I started to wonder how it was defined in this study.

So I spent like 30 whole seconds clicking through to the study.  It turns out the data is based on surveys of doctors.  This chart is explained this way:

Description:  On what percentage of claim lines does the payer's allowed amount equal the physician practice's expected allowed amount?

So really, this chart is not a measure of insurance company accuracy, it is really a measure of doctor accuracy in estimating insurance company claims payment behavior, or perhaps of insurance company claims transparency.  Because Medicare pays fixed, published, below-market rates, and because they are so large, it is not at all surprising doctors are better at predicting what Medicare will pay on a claim.

In other words, doctors disagree with Aetna on claims more frequently than they disagree with Medicare?  Is this bad or good.  I have no idea.

But one could go further and say that another way of heading this chart, rather than "accuracy," would be "willingness of insurer to roll over and pay whatever the doctor asks for."

In the past, Drum and others on the Left have also bragged that Medicare's overhead is lower than private insurers.  These are all related issues.  Private insurers put more scrutiny on claims, which costs more in overhead and causes claims to get paid slower, but presumably results in lower claims payments and less fraud.

Medicare's approach may be net better (ie overhead savings could be larger than claims and fraud savings) or it could be worse, but this chart in isolation tells us nothing.

PS - this is not the first time I have found Drum running health care numbers that do not mean what he thinks they mean.

I am sure everyone is resting easier now that the government has taken over all student loan activity.  Now we won't see any of that abusive behavior by private lenders.  Ha ha, just kidding.  Don't get behind on your government student loans! Via Radley Balko (Updates:  Still bizarre the DOE has this kind of firepower, but DOE says its a criminal / fraud case, not a payment issue.)

Kenneth Wright does not have a criminal record and he had no reason to believe a S.W.A.T team would be breaking down his door at 6 a.m. on Tuesday.

"I look out of my window and I see 15 police officers," Wright said.

Wright came downstairs in his boxer shorts as the officers team barged through his front door. Wright said an officer grabbed him by the neck and led him outside on his front lawn.

"He had his knee on my back and I had no idea why they were there," Wright said.

According to Wright, officers also woke his three young children ages 3, 7, and 11, and put them in a Stockton police patrol car with him. Officers then searched his house.

As it turned out, the person law enforcement was looking for was not there - Wright's estranged wife.

"They put me in handcuffs in that hot patrol car for six hours, traumatizing my kids," Wright said.

Wright said he later went to the mayor and Stockton Police Department, but the City of Stockton had nothing to do with Wright's search warrant.

The U.S. Department of Education issued the search and called in the S.W.A.T for his wife's defaulted student loans.

From CNN:

A now-retracted British study that linked autism to childhood vaccines was an "elaborate fraud" that has done long-lasting damage to public health, a leading medical publication reported Wednesday.An investigation published by the British medical journal BMJ concludes the study's author, Dr. Andrew Wakefield, misrepresented or altered the medical histories of all 12 of the patients whose cases formed the basis of the 1998 study -- and that there was "no doubt" Wakefield was responsible.

"It's one thing to have a bad study, a study full of error, and for the authors then to admit that they made errors," Fiona Godlee, BMJ's editor-in-chief, told CNN. "But in this case, we have a very different picture of what seems to be a deliberate attempt to create an impression that there was a link by falsifying the data."

Why anyone took a study serioiusly based on a population of 12 whole people always amazed me.  Anyway, to continue:

Wakefield has been unable to reproduce his results in the face of criticism, and other researchers have been unable to match them. Most of his co-authors withdrew their names from the study in 2004 after learning he had had been paid by a law firm that intended to sue vaccine manufacturers -- a serious conflict of interest he failed to disclose. After years on controversy, the Lancet, the prestigious journal that originally published the research, retracted Wakefield's paper last February.

The series of articles launched Wednesday are investigative journalism, not results of a clinical study. The writer, Brian Deer, said Wakefield "chiseled" the data before him, "falsifying medical histories of children and essentially concocting a picture, which was the picture he was contracted to find by lawyers hoping to sue vaccine manufacturers and to create a vaccine scare."

According to BMJ, Wakefield received more than 435,000 pounds ($674,000) from the lawyers. Godlee said the study shows that of the 12 cases Wakefield examined in his paper, five showed developmental problems before receiving the MMR vaccine and three never had autism.

"It's always hard to explain fraud and where it affects people to lie in science," Godlee said. "But it does seem a financial motive was underlying this, both in terms of payments by lawyers and through legal aid grants that he received but also through financial schemes that he hoped would benefit him through diagnostic and other tests for autism and MMR-related issues."

Wakefield has been responsible for a whole lot of misery and probably not a few deaths over the last decade.  Just losing his medical license, which happened earlier this year, is getting off cheap.

Thank goodness for the drug war so we can have crappy asset forfeiture laws that allow this:

You're free to go -- but we'll keep your money.

That's the position of Arizona Attorney General Terry Goddard on the failed case of Mario de la Fuente Manriquez, a Mexican media millionaire accused of organized crime.

Manriquez was arrested and charged earlier this year with 19 counts of money laundering, assisting a criminal syndicate, conspiracy and fraud. Seven other suspects, including Manriquez's son, were arrested in the alleged scheme to fraudulently own and operate several Valley nightclubs and exotic car dealerships.

Charges against Manriquez's son, Mario de la Fuente Mix, were dropped in August. And on Monday, as we reported, the state moved to drop the case against Manriquez.

But the state still wants to keep $12 million of Manriquez's money that was seized in the case, a spokesman for the AG's office tells New Times today.

The folks involved don't strike me as particularly savory characters, but due process is due process and if you drop charges against the guys, the money should be considered legally clean, especially when the authorities confess

Prosecutors acknowledged the money funneled to the United States from Mexico was earned legitimately by Manriquez. In the end, they couldn't prove he knew what was happening with his dough.

What happened to the money, by the way, is that is was invested in a series of businesses that appear to be entirely legal, their only apparent crime being that the incorporation paperwork omitted the name of Manriquez as a major source of funds.  Wow, money legally earned invested in legal businesses, with the only possible crime a desire for confidentiality (at worst) or a paperwork mistake (at best).  Sure glad our state AG is putting his personal time in on this one.

I do not know Arizona's forfeiture laws, but if they are like most other states', they probably allow state authorities to keep the seized money to use as they please, an awfully large incentive for prosecutorial abuse.

Regular readers will have no doubts about my skepticism of the theory of catastrophic man-made global warming.  In particular, in these pages and at Climate Skeptic, I have repeatedly criticized the details of Michael Mann's work on the hockey stick.  I won't repeat those issues today, though some of the past articles are indexed here.

That being said, efforts by Republicans in Virginia to bring legislative or even criminal action against Mann for his work when he was at the University of Virginia is about the worst idea I have heard in quite some time.  Though nominally about forcing public disclosure (something I am always in favor of from state entities) the ultimate goal is to drag Mann into court

Cuccinelli has said he wants to see whether a fraud investigation would be warranted into Mann's work, which showed that the earth has experienced a rapid, recent warming

[As an aside, this is actually NOT what Mann's hockey stick work purports to show.  The point of the hockey stick is to make the case that historic temperatures before 1850 were incredibly stable and flat, and thus recent increases of 0.6-0.8C over the last 150 years are unprecedented in comparison.   His research added nothing to our knowledge about recent warming, it was on focused on pre-industrial warming.   The same folks that say with confidence the science is settled don't even understand it].

For those frustrated with just how bad Mann's work is and upset at the incredible effort to protect this work from criticism or scrutiny by hiding key data (as documented in the East Anglia climategate emails), I know it must feel good to get some sort of public retribution.  But the potential precedent here of bringing up scientists on charges essentially for sloppy or incorrect work is awful.

Bad science happens all the time, completely absent any evil conspiracies.  Human nature is to see only the data that confirms ones hypotheses and, if possible, to resists scrutiny and criticism.  This happens all the time in science and if we started hauling everyone into court or into a Senate committee, we have half of academia there  (and then likely the other half when the party in power changed).  Team politics are a terrible disease and the last thing we need is to drag them any further into science and academia.

Science will eventually right itself, and what is needed is simply the time and openness to allow adversarial scrutiny and replication within academia to run its course.  Seriously, are we next going to drag the cold fusion guys in to court?  How about all the folks in the geology field that resisted plate tectonics for so long.  Will we call to account the losers in the string theory debate?

If legislators want to help, they can

• Make sure there are standards in place for archiving and public availability of any data and code associated with government funded research
• Improve the governments own climate data management
• Ensure that state funding is distributed in a way to support a rich dialog on multiple sides of contested scientific issues.

From Overlawyered today:

"A new study in the Financial Analysts Journal casts serious doubt on the premise [of litigation social efficiency], at least when it comes to shareholder class actions. In most cases, the authors found, the litigation mainly serves to punish shareholders who have already suffered from a downturn in their stock. Only suits targeting illegal insider trading, and to a lesser extent, accounting fraud were associated with subsequent higher long-term returns."

Way back in early 2006 (have I been blogging so long?) I was guest blogging at Overlawyered and I wrote this:

But from a philosophical standpoint, shareholder suits have never made much sense to me. While I can understand the shareholders of the company suing a minority shareholder who might be enriching themselves disproportionately (e.g. Rigas family at Adelphia), suits by shareholders against the company they own seem"¦ crazy.

Any successful verdict for shareholders against the company would effectively come out of the pockets of the company's owners who are.. the shareholders. So in effect, shareholders are suing themselves, and, win or lose, they as a group end up with less than if the suit had never been started, since a good chunk of the payout goes to the lawyers. The only way these suits make financial sense (except to the lawyers, like Bill Lerach) is if only a small subset of the shareholders participate, and then these are just vehicles for transferring money from half the shareholders to the other half, or in other words from one wronged party that does not engage in litigation to another wronged party who is aggressively litigious. Is there really justice here?

OK, you could argue that many of these shareholders are not suing themselves, because they are past shareholders that dumped their stock at a loss. But given these facts, these suits are even less fair. If these suits are made by past shareholders who held stock (ie, were the owners) at the time certain wrongs were committed, they are in fact paid by current and future shareholders who may well have not even owned the company at the time of the abuses, and who may in fact be participating in cleaning the company up. So these litigants are in effect making the argument that because the company was run unethically when they owned it, they are going to sue the people who bought it from them and cleaned it up? Shouldn't the payment be the other way around, with past owners paying current owners for the mess they left?

I understand that theoretically they might have an incentive improvement from the threat of these suits that improves corporate governance.  But this is mitigated by the fact that most corporations consider these suits to be random landmines without merit, to be avoided if possible, to be settled if necessary, but that have little bearing on the underlying governance of the company.

Ex Post Facto law, meaning law retroactively criminalizing past practices, is explicitly banned in the Constitution.  But big government folks have found a way around this prohibition through the massive government regulatory bureaucracies that have been created over the last half-century.

Here is a great example.  In short, an online site accepted advertising from a company that the FTC later went after for deceptive advertising.  Note, the online site was not involved, they just ran the add, just as your web site may be running ads or Google adwords right now.  The FTC actually settled the case with the company accused of wrongdoing for $0.  So obviously, they were not that worked up about the ad.  But in order to establish a new legal principal that sites that run advertising can be liable for the entire liability for a deceptive ad, they went after the web site for $6 million!

Forget for a moment what bad policy this is -- can you imagine being fully liable for any fraud involved with any company that runs an add on your site?   But beyond that, the basic approach -- of legislating from the administrative branch, abuse of power to cow small companies and individuals through threat of bankrupting legal costs, and ex post facto rule-making -- is just staggeringly scary.

This is why I cringe every single day whenever the phone rings in my small business.

My suspicions were confirmed when I looked up the law the FTC said I had violated, a law that was vague and didn't seem to have much to do with what the FTC was accusing me of. And it certainly did not say that the FTC was entitled to the amount of money it wanted. My lawyers explained that the amount the FTC was suing for was based not on laws that Congress had passed but seemed to be based on what judges had awarded in previous cases over the years.

Moreover, in our case, the FTC was now trying to go beyond what previous judges had awarded. What lay behind their actions seemed to be this: they were trying out a new legal theory. They wanted to establish a new principle "“ that a person who was in any way connected to the advertising at issue, no matter how trivial their involvement, was liable for the entire amount of all purchases of the product by consumers. I felt as if I had been struck by lightning. I was the sacrificial lamb. I had the rotten luck to be chosen, of all people, to be the test of their novel legal theory. [...]

I'm all for getting tough on deceptive advertising, including Internet fraudsters. But what seems terribly wrong is the FTC playing Goliath where they just outspend everyone they go after, regardless of whether there was any wrongdoing. Unfortunately, that appears to be the direction in which they're going. David Vladeck, the new head of the Bureau of Consumer Protection (the person I met with), advocates pursuing test cases "even if the legal theory has not been accepted by the court prior to that time." (see http://www.abanet.org/antitrust/at-source/10/04/Apr10-VladeckIntrvw4-14f.pdf) In other words, you may be violating a law that doesn't exist yet. That is downright scary. The only thing the FTC is going to "prove" by "winning" these cases is that they can establish their new principles by bankrupting anybody but the very wealthiest Americans "“ the only people who could afford to take them on.

One of the arguments Democrats have made for nationalized health care is that government expenses will be much lower than private companies.  This is on its face absurd, given most people's experience with government agencies, but is nominally supported by low expense ratios in Medicare.  I won't go into this today, but this is more an artifact of the way government does accounting as well as operations decisions at Medicare which may be non-optimal (e.g. Medicare does much less claims verification and investigation than private companies, which is why we see huge fraud cases from time to time).

Anyway, we get a fresh example of private vs. public expenses on a very comparable basis in California workers comp.  The public State Fund acts as an insurer of last resort as well as a competitor to many private providers.  The fact that it is an insurer of last resort will increase its loss ratios, but its expense ratios of management or "claims adjustment" expenses should be similar.  But of course they are not.

State Fund's unallocated loss adjustment expense ratio was a whopping 51.4% last year compared to 8.9% for private carriers, while State Funds allocated loss adjustment expenses were 9.8% compared to the industry's 13.8% respectively.

This means the management expense ration of the state agency is 61.2% of premiums vs. 18.7% for private companies.  This just makes laughable the pious requirement in Obamacare that insurance companies keep their expense ratios under 20% -- or else the more efficient government agency will take over.

We are facing a huge 29.6% increase in workers comp rates in California, in part because the very high State Fund expense ratios are averaged into the calculation.

This is from the national ID card portion of the Democrat's immigration proposal:

Tough penalties will be put in place for fraud in procurement of a fraud-proof social security card.

Jim Harper has a thorough analysis of the proposal at the link.  My fear is the Republicans and Democrats will one day realize how similar they are on this issue and agree to an authoritarian compromise.

I am confused by the recent argument for more financial regulation.  The argument seems to go that because Goldman Sachs may have committed fraud, then we need more laws making more things illegal.  But Goldman Sachs is accused of breaking existing laws.  Isn't that just an argument to enforce the laws we already have?  In fact, the government so far is stopping short of its full power to go after Goldman over the Abacus securities -- its seems like they would have a criminal fraud case but at the moment they are settling for a civil action.  In a sense, the government is not using against Goldman all the power it already has.

Of course, a cynical person could argue that the government has no real desire to go after Goldman, who after all is pretty deeply in bed with this Administration, and is pulling its punches in a show trial that will end up with Goldman fined .01% of its quarterly profit but with the Administration looking tough to fuzzy-headed voters and with Congress having something it can wave around to distract people while it passes another 1400 page bill no one has read.