Human Foibles, Fraud, Manipulation, and Regulation
CLASS NOTES:
Today’s topic was Regulation.
1. Wishful thinking – i.e. Election, game, investment
2. Attention Anomalies - Social bases,
3. Anchoring
4. Representativeness Heuristic
5. Gambling behavior
6. Magical thinking - BF Skinner
7. Quasi Magical thinking Shafir + Tversky
Temptations of Market
1. Oversell
2. Hide info
3. Loyalty to friends
Regulation
Louis Brandeis
1914 Other people’s money
Disclosure of truth
ð States “Blue Sky Laws”
1920s Telephone spread
Boiler Rooms
1934 Securities + Exchange Commission (SEC)
Business ßà SEC
William O Douglas
“Democracy and Finance” 1940 - Finance for people
Legal Realism
Public + Private Securities
Public Company à Must disclose info (Regulation by SEC.gov) Edgar
Hedge Fund – Private investment company -- Low profile
3C1
99 investors
Accredited investors
3C7
500 investors
Qualified purchasers
Insider + Outsider
Regulation FD - 2000 … Full Disclosure - SCC
Market Surveillance
Example
1995 IBM – Lotus … Insider trading
Financial Accounting regulation
Standard Board FASB - 1975
GAAP
Net Income
Operating income
Other Standards
Core earning
Pro form
EBITDA
Balance Sheet : Asset T Liabilities
Off-balance sheet accounting … Enron Corp
… Remove risky investment from the balance sheet by putting them in balance sheet of child/dummy companies
SIV – Structured Investment Vehicles
SIPC
Securities Investor protection Corporation - 1970
FDIC Fed Dep Ins Corp – 1934
Currently $100,000
Conclusion: Need to keep improving regulation to protect small investors.