George W. Bush is so peeved about corporate America's
"wrongdoers" — not to be
confused with "evildoers" — that last week he
spoke out about them four times in
four days. By the time he took a breather, the
markets had hit their worst half-
year finish since 1970, the Nasdaq was at a five-year
low, the dollar was on the
skids and, despite much evidence to the contrary,
a majority of Americans had
told CNN/USA Today pollsters that the country
was in a recession.
On Tuesday the president returns to the subject
in a full-dress speech on Wall
Street. Maybe it's time to try pinning the whole
mess on Ann Richards again.
Mr. Bush keeps saying all the right things. He
is "deeply concerned." He will
"hold people accountable." But words, like stocks,
lose value when nothing backs
them up. It is now more than six months since
the president promised "a lot of
government inquiry into Enron." Since then, Playboy
has done a better job of
exposing the women of Enron than the Bush administration
has done at exposing its
men. Just as the Justice Department rounded up
some 1,000 alleged Sept. 11
suspects and failed to indict a single one of
them for terrorist activity, so it has made
a big show of its shaky Andersen conviction while
failing to indict a single Enron
executive or individual Andersen accountant.
(Not that all the law-enforcement
news is downbeat: last month John Ashcroft's
minions held a press conference to
boast that a 13-month investigation had led to
the arrest of 12 prostitutes in New Orleans.)
The sight of a corporate crook being led away
in handcuffs, Giuliani-style, would
do far more to restore confidence in Wall Street
than any more presidential blather.
Mr. Bush says that only "a few bad actors" are
at fault. Why is the administration
so lax about bringing them to justice?
That may have something to do with who those "few
bad actors" are. Speaking on
ABC's "This Week," Richard Grasso, chairman of
the New York Stock Exchange,
tossed out a range of 1 to 15 as the rough count
of corporate culprits, "in comparison
to more than 10,000 publicly traded corporations."
The fact remains that so far at
least five members of that theoretically tiny
club have direct ties to the Bush
administration: Enron, Halliburton, Andersen,
KMPG and Merrill Lynch — the last
three all former clients of the president's choice
as Wall Street's top cop, the S.E.C.
chairman Harvey Pitt. Five for 15: Mr. Bush could
have used a batting average
that high when he ran the Texas Rangers.
Despite this record, there has been only balking,
not housecleaning, at the White
House. Thomas White, who was vice chairman of
Enron Energy Services when it
allegedly hid $500 million in losses and manipulated
the California energy crisis, is still
secretary of the Army, despite having been cited
by the Senate Armed Services
Committee for violating his signed ethics agreement.
(Even worse, Mr. White has
threatened to bring to the Army his "understanding
of best business practices.")
The record of Enron contacts by him and countless
other administration officials
remains incomplete and in constant revision.
What information does dribble out often
emanates from the White House counsel, Alberto
Gonzales, who himself had an
attorney-client relationship with Enron while
a partner at Vinson & Elkins in Houston.
Perhaps it's Mr. Gonzales who, as the administration's
chief ethics maven, advised
the White House this week on how to handle the
1991 S.E.C. report showing that
Mr. Bush had filed disclosures of his stock trades
in Harken Energy, where he was
a director, as much as eight months late. The
ethical call? Blame Harken's lawyers.
A presidential spokesman assured us as well that
this infraction amounted to nothing
more than driving 60 in a 55-mile-per- hour zone.
That will surely bring good cheer
to those Harken shareholders who were left holding
the stock that Mr. Bush sold,
with no insider's knowledge, of course, just
before it tanked.
WorldCom is a political boon to the president
because it allows him to moralize
about epic-scale crime without mentioning Enron,
Halliburton or Harken. But the
Enron bomb hasn't been defused. Its next detonation
may come the day someone
outside the administration unearths the as-yet
mostly secret names of those buddies
of Enron executives who were let into the hundreds
of side partnerships that overnight
yielded multimillion-dollar plunder on nominal
stakes (with ordinary stockholders left
paying the bill). "Not in memory has a single
major company grown so big in tandem
with a presidential dynasty and a corrupted political
system," wrote the Republican
political analyst Kevin Phillips in The Los Angeles
Times five months ago, tracing
Bush family favor-swapping with Enron back to
1988 and likening Enron's potential
damage to that of the Harding administration's
Teapot Dome scandals.
"The question now is whether what went up together
will come down together."
It's a question only Mr. Bush can answer. He can
give the oil cronies within his
administration an ethical pass, much as Harding
did. He can keep trying to finesse
the Wall Street crisis with rhetorical panaceas
as empty as his father's "Message: I care"
response to his own economic storm. Or he can
fulfill a campaign promise and become
a reformer with results, a Teddy Roosevelt who
cleans up capitalism to make it stronger.
No flowery speeches are required to describe the
reforms needed now, from fully
independent policing of accounting firms to the
complete prohibition of conflicts of
interest that encourage both accountants and
stockbrokers to cut corners.
"No off-balance-sheet or offshore entities, no
shell corporations, no sham transactions,"
adds Robert Morgenthau, the Manhattan district
attorney, who is pursuing Enron more
aggressively than the administration is. Arthur
Levitt, the former S.E.C. chairman, urges
legislation that increases the legal liability
for investment bankers, lawyers and
accountants who aid, abet and also profit from
corporate Ponzi schemes.
The president could get real reform "in a heartbeat,"
says Eliot Spitzer, the New York
attorney general, who went after Merrill Lynch
while the Pitt S.E.C. slept. "All he has to
do is call Oxley" — Michael Oxley, who is steering
a weak Republican "reform" bill
through the House — "and say this is the bill
we're passing instead." But that's about as
likely as Martha Stewart discovering a cure for
cancer instead of trying to cash in on one.
Mr. Bush has already opposed the notion of requiring
corporations to count executive
stock options as expenses — a simple fix endorsed
by Alan Greenspan and Warren
Buffett as an antidote to fictional profits.
The Treasury Department, Newsweek reports,
is hard at work stifling a bill that would end
the offshore shenanigans that allowed Enron
(with 800-plus such entities) to evade taxes
in four out of five years.
Even within existing law, the Bush administration's
notion of enforcement is the
antithesis of T.R.'s: it speaks loudly and carries
a small stick. On Wednesday a
judge threw out an S.E.C. action against the
accounting firm Ernst & Young
because the S.E.C. could not muster the quorum
of conflict-free commissioners
required by law to bring its case; both Mr. Pitt
and another Bush S.E.C.
appointee had previously worked for Ernst &
Young. Mr. Pitt's conflicts also
include meeting privately with Xerox and KPMG
executives while their companies
are under investigation by his agency. "It's
like the mob's consigliere running
the F.B.I," in the words of Marshall Wittmann,
a T.R.-minded conservative
Republican at the Hudson Institute.
As Mr. Bush blames others for his Harken mishaps,
so Mr. Pitt's new shtick is to
hide behind Bill Clinton, telling Matt Lauer,
"this is, unfortunately, a mess that I
inherited from the prior administration." But
it was Mr. Pitt who invited the likes
of WorldCom to play fast and loose by implying
last fall that no one need fear
the "kinder and gentler" S.E.C. he would install
in place of Mr. Levitt's, which
initiated the Xerox and Rite Aid cases that Mr.
Pitt would now like to take credit for.
It's not that Democrats are clean. When Al Gore
blasted Mr. Pitt last weekend for
having led the accounting industry's drive "to
open up loopholes" in the 1990's,
he could have been describing his own ticket
mate, Joe Lieberman, who was second
to none in doing the accounting industry's bidding.
But the Democrats don't have
the power to undo the damage anyway. It is Mr.
Bush who is C.E.O. If he doesn't
bring zero tolerance of corporate cheating to
his own White House, it's hard to
imagine Americans rushing back into the market
trusting that his administration
will enforce it anywhere else.