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History is Not a Capitalist Tool
Posted by Tim Reason | CFO.com | US
April 13, 2009 4:17 PM ET

A decade ago, Forbes magazine ran a famous old picture showing a tangled confusion of overhead wires darkening the skies above Wall Street in 1888.

The mess was caused by the 40 or so unregulated telegraph, telephone and electric companies competing in Manhattan at the time. But rather than let history get in the way of a political point, Forbes ran a caption identifying the poles as belonging to AT&T (a name not used until 11 years after the photo was taken), and suggesting that the pictured chaos was the result of monopoly and government regulation.

Politics aside, the intellectual dishonesty of this frosted me. (To be fair, Forbes did print my letter noting that it had the facts exactly backward.)

Fast forward to today's column by Steve Forbes applauding FASB's softening of mark-to-market accounting.

Here again, Forbes (the man, not the magazine) doesn't allow historical facts to get in the way of his opinion that rulemakers must be at fault for any wrong. Reality, of course, is more nuanced, and markets and their regulators are both capable of screwing things up.

Forbes says "mark-to market" was "enacted to prevent another Enron." In fact, Enron lobbied heavily for, and made highly creative use of, mark-to-market accounting. The Smartest Guys in the Room contains an unbelievable clip of Skilling joking about mark-to-market during a company skit: "We're going to move from market-to-market accounting to something I call HFV — Hypothetical future value accounting. If we do that, we can add a kazillion dollars to the bottom line."

Forbes is likely referring to FAS 157, a rule enacted, long after Enron's demise, to standardize fair-value measurements. But if so, Forbes, who ought to know better, joins Congress and others who seem to think that the standard actually launched fair-value accounting. In fact, FAS 157 did not require any new mark-to-market accounting when it was issued, nor did FASB directly change it last week, although Forbes is correct that FASB softened overall fair-value accounting requirements.

Forbes also writes "Can you imagine writing down a home you hadn't sold? It would bankrupt you." That's a curious analogy from someone who, I'm guessing, hasn't refinanced lately.

My wife and I (like most Americans) don't have independent investors interested in our well-being. So initially, we only reported changes in our house's value to ourselves. ("Guess what Zillow says our house is worth now?") We took the information seriously, but no surprise, decided to stay invested in ourselves for the long-term.

But when we did want outside investors — in this case, to refinance our mortgage — the change in value mattered. Even with no change in our revenues, the fact that the fair value of our largest asset was less than the last observable sales price made it tougher to convince a bank we were a worthy investment.

So, yes, I can imagine writing down a home I haven't sold, and I find it hard to feel sorry for banks that must do the equivalent. They certainly expect it from me.

Comments (6)


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This is an unconscionable lie! You show me in the movie Smartest Guys where Jeff Skilling says "numbers can be whatever you want them to be". THAT DID NOT HAPPEN. If you're going to start making crap up, I'll go other places for my serious commentary.

Incidentally, I am so sure of my facts because I have, indeed, completely deconstructed that silly music video here: http://caraellison.wordpress.com/2009/04/03/everything-wrong-with-the-smartest-guys-in-the-room-expanded-edition/.

In the meantime, be more careful of your facts and STOP LYING.
Posted by Cara Ellison | April 13, 2009 08:27pm

Cara,

Unconscionable lie might be overstating the case -- if I got it wrong, it certainly wasn't intentional.

But you're right that I need to be more careful, especially when I'm criticizing others of being careless of their facts. It's been a while since I've seen the movie and in a quick review of many of the available clips online, I can't seem to find the quote I attributed to Skilling ("Enron's numbers can be . . . whatever we want them to be!"). Since I can't be sure it is right, I have deleted the actual quote from the post, and the earlier post from which I picked it up.

But my point wasn't to retry Jeff Skilling, it was simply to point out that mark-to-market accounting is not a post-Enron invention. What Skilling did say, in one of the clips I can find this morning, was: "We're going to move from market-to-market accounting to something I call HFV: Hypothetical future value accounting. If we do that, we can add a kazillion dollars to the bottom line."

So obviously, mark-to-market accounting was well known at Enron.

Tim Reason
Editorial Director, CFO.com
Posted by Tim Reason | April 14, 2009 07:11am

You once again got ANOTHER quote wrote. Skilling did talk about "HVF" but it was a joke - it was a video valentine for Rich Kinder who was leaving Enron. Skilling and his coworkers were doing a skit, making fun of mark to market accounting. Thus, Jeff made comment about "hypothetical future value" and adding a kazillion dollars to the bottom line.

I don't mean to sound like I'm completely venting here. It's just that the things you're saying is exactly what every other journalist has said, without regard for the truth. Mistakes and lies have been heaped on this story since the first day. The story of Enron is one I am obviously emotional about so I realize that from your point of view, it doesn't really seem important if you misquote Jeff, or fail to mention that his silly comment was in the context of a jokey video. But to me, to people who care about Enron, it's just another way in which journalists are irresponsible with their stories.

To address the central issue, yes, you're correct that mark to market accounting was not an invention of Enron. Still, I take exception to the term "highly creative use." Despite all the fuss surrounding the issue, Enron was never accused of being creative with mark to market; there is nothing about mark to market accounting in any of the indictments. I don't expect you to know this; it doesn't seem that anyone really cares about the facts, so how could you know it?

But your point about M2M not being an invention of Enron is correct.
Posted by Cara Ellison | April 14, 2009 12:51pm

Cara,

I did say he was joking, and I noted that it was from a 'skit,' which I think describes the context as accurately as the phrase "jokey video."

Again, my point here is that mark-to-market accounting was well known before Enron's collapse. (In fact, Skilling's joke about HFV was meant as a defense of Enron's use of mark-to-market accounting.)

After looking at your website, I'm certain I won't be able to change your mind about whether or not Enron was "highly creative" in its use of mark-to-market, but to say that "there's nothing about mark-to-market accounting in any of the indictments" is just simply not true.

Skillings indictment charges him with "artificially improving Enron's balance sheet through fraudulent over-valuation of assets in Enron's merchant investment portfolio," as well as "structuring financial transactions in a misleading manner in order to. . .avoid booking of large losses in asset values."

It also contains an entire section with the headline "Manufacturing Earnings by Fraudulently Manipulating Asset Values." I'm sorry, but that sure sounds like the indictment mentions mark-to-market to me.
Posted by CFO Staff: Tim Reason | April 14, 2009 02:51pm

First, thank you very much for that reply. You're one of the first people I've spoken with who can actually articulate more than "he's guilty because he's guilty." I guess my standards were pretty low; I was beginning to believe that was all I would ever hear.

The "merchant asset" allegation wasn't about mark to market accounting. Enron did not use MTM for international or Broadband.

The "structuring" allegation, if memory serves, was regarding the Raptors in LJM, which was the third-party entity. It was the controversy of the 3% equity not being at risk; if it was at risk, the deals were fine. If not at risk, the deals were fraudulent. But none of that was about mark to market accounting.

In any case, thank you very much - sincerely - for at least being open to alternate viewpoints. It's refreshing and shows your intellectual honesty. Thanks.
Posted by Cara Ellison | April 14, 2009 03:48pm

Tim,

We hear much noise about mark-to-market but rarely seem to understand its use. In fact, it is highly useful in commodity merchanting, where the business is transactional and very short term. This form of accounting was standard as early as the 1930s in the cotton industry, although it didn't become GAAP until the 1980s.

For mark-to-market to work, highly liquid organized markets are a must. In other words, you need futures exchanges, liquid inventor preferably fungible inventories, and quantifiable risk on receivables (reason for the high volume of letters of credit).

None of these conditions exist when it comes to highly complicated OTC structured products sold by banks. UBS was selling as money market investments OTC paper negotiable on 90-day notice with payment in 30 days in 2005. Their staff was trained to believe that this paper was as good as money market because it, UBS, made a secondary market in it.

I practiced as a banker both in the US and in Switzerland for more than 40 years. I was at the helm of a bank in that period. The pressure to do creative window dressing was intense. In fact, manipulating the balance sheet to smooth out losses, earnings and ratios was accepted practice.

My anxiety with the new rulings is that we are promoting the creative imaginations of CEOs and their staff. We have in fact given them carte blanche to play with the credibility of their numbers.

My anxiety is exacerbated by my belief that the various rules that banks operate under have become the justification for bad practices. Why analyze your true risk foundation when Basel II dictates what you have to keep as capital? The CFO today will ask his staff "how are we with our numbers relative to what is mandated?, not "how are our numbers doing relative to our risk?"

In brief, there's too much room for wishful thinking, if not outright criminal activity.
Posted by Stephen Beekman | April 14, 2009 03:56pm

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