Greater clinical focus ahead for law schools?
Clinical work, along with a professional ethics course,
are the only two requirements in years two and three at Stanford Law. Kramer
said he would like to make the clinical programs more central to the curriculum.
When the law school switches to its quarter schedule, Kramer said he would like
to make quarter-long clinical training an option. He said clinical rotations
could take students outside of Stanford to other universities.
Elia Powers, Beyond the First Year, Inside Higher Ed, November 8, 2006
---
http://www.insidehighered.com/news/2006/11/08/stanford
Bob Jensen's threads on the theory versus clinical issue, particularly in doctoral programs, can be found at http://www.trinity.edu/rjensen/HigherEdControversies.htm#DoctoralPrograms
Redesigning an MBA Curriculum Toward the Action:
Why Aren't Accountants Headed on the Same Paths?
"Wall Street Warms To Finance Degree With Focus on Math," by Ronald Alsop, The Wall Street Journal, November 14, 2006; Page B7 --- Click Here
Just a few years ago, the University of California, Berkeley, found its master's degree in financial engineering a hard sell. Wall Street had cut back sharply on hiring, and many recruiters were still fixated on M.B.A. graduates.
"The doors were shut on us at the human-resource level on Wall Street," recalls Linda Kreitzman, executive director of the financial engineering program at Berkeley's Haas School of Business. "I had to go directly to managing directors to get our students placed after we started the program in 2001."
Now, in a turnabout, it's often the banks and hedge funds that are calling on Dr. Kreitzman and offering her graduates six-figure compensation packages. "They have come to realize they really need students with strong skills in financial economics, math and computer modeling for more complex products like mortgage- and asset-backed securities and credit and equity derivatives," she says. This fall, all 58 financial engineering students seeking internships found spots at such companies as Citigroup, Lehman Brothers and Merrill Lynch. Their projects will include credit portfolio valuation, artificial-intelligence trading models and structured fixed-income products.
While the master's in business administration certainly remains in high demand, companies are increasingly interested in other graduate-level credentials, including Ph.D.s and master's degrees in specific business fields. Deutsche Bank, for example, has hired Ph.D. and master-of-finance graduates in Europe for some time and is now recruiting more in the U.S. as well.
"We are continually looking for strong quantitative skills," says Kristina Peters, global head of graduate recruiting. With a master's degree in finance, "there tends to be more applied finance knowledge such as derivatives pricing."
Continued in article
Jensen Comment
The big question is where will auditing firms find accountants that can handle
the exotic contracts written by the financial engineers?
The U.S. is Racing Downhill in Mathematics
The changes are being driven by students’ lagging
performance on international tests and mathematicians’ warnings that more than a
decade of so-called reform math — critics call it fuzzy math — has crippled
students with its de-emphasizing of basic drills and memorization in favor of
allowing children to find their own ways to solve problems. At the same time,
parental unease has prompted ever more families to pay for tutoring, even for
young children. Shalimar Backman, who put pressure on officials here by starting
a parents group called Where’s the Math?, remembers the moment she became
concerned.
Tamar Lewin, "As Math Scores Lag, a New Push for the Basics," The New York
Times, November 14, 2006 ---
Click Here
Forensic statisticians hunting for hidden messages in digital images
What you don't see in a picture may hurt you
Two Iowa State mathematicians have developed software that will detect secret
files in seemingly innocent digital images. Jennifer Davidson and Cliff Bergman,
both professors in the math department, are fine-tuning the artificial neural
net (ANN). When plopped into a computer, the ANN will work like radar that culls
out suspicious images.
"Forensic statisticians hunting for hidden messages," PhysOrg, November
9, 2006 ---
http://physorg.com/news82313809.html
Three Cheers for a Courageous
Rep. Rangle:
He teams up with Senator Kerry to raise the intelligence level of the Army
Americans would have to sign up for a new military
draft after turning 18 if the incoming chairman of the House Ways and Means
Committee has his way. Rep. Charles Rangel D-N.Y.,
said Sunday he sees his idea as a way to deter politicians from launching wars
and to bolster U.S. troop levels insufficient to cover potential future action
in Iran, North Korea and Iraq.
"Rep. Rangel will seek to reinstate draft," Yahoo News, November 19, 2006
---
http://news.yahoo.com/s/ap/20061119/ap_on_go_co/military_draft
Also see
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=53022
Jensen Comment
Yellowed though it is, I still carry my Kossuth County Registration (Draft)
Card. I may need it since Rep. Rangel will be all-powerful as the new Chairman
of the House Ways and Means Committee that controls spending legislation. I
think this is one of the few strong moves, possibly the only strong move, by the
newly empowered Democrats that courageously flies into the face of political
correctness. Now if Rep. Rangle would put an end to earmarks and lobbyist
corruption of lawmakers. Nothing on earth, however, is strong enough to put a
majority of honest men and women in Congress.
The holiday season brings out more scam artists from all over the world
This is an interesting set of links from the Federal Trade Commission
Like the IRS site, the FTC site is one of the most helpful (and free) sites in the United States
Consumer Information --- http://www.ftc.gov/bcp/menu-prod.htm
- Ads for International Drivers' Licenses or Permits Could Be a Dead End [TEXT] [PDF]
- After a Disaster: Repairing Your Home [TEXT] [PDF]
- Aging Parents and Adult Children Together (A/PACT) [TEXT] [PDF]
- Alaskan Native Art [TEXT] [PDF]
- All That Glitters... How to Buy Jewelry [TEXT] [PDF]
- Auction Guides: Not So Hot Properties [TEXT] [PDF]
- Beloved...Bejeweled...Be Careful: What to Know Before You Buy Jewelry [TEXT] [PDF]
- Buying a Washing Machine? It's a Load-ed Question [TEXT] [PDF]
- Buying, Giving, and Using Gift Cards [TEXT] [PDF]
- Buying Gold and Gemstone Jewelry: The Heart of the Matter [TEXT] [PDF]
- Buying Time: The Facts About Pre-Paid Phone Cards [TEXT] [PDF]
- Can Anti-Snoring Claims Be Cause for Alarm? [TEXT] [PDF]
- Caring for Your Clothes [TEXT]
- Choosing a Career or Vocational School [TEXT] [PDF]
- Cigars: No Such Thing As a Safe Smoke [TEXT] [PDF]
- Clothing Care Symbol Guide [TEXT]
- Continuity Plans: Coming to You Like Clockwork [TEXT] [PDF]
- Cost of "Free" Adult Content Adds Up [TEXT] [PDF]
- Diversity Visa Lottery; Read the Rules, Avoid the Rip-Offs [TEXT] [PDF]
- Eco-Speak: A User’s Guide to the Language of Recycling [TEXT] [PDF]
- Electronic Checkout Scanners Campaign [TEXT]
- Entertainment Ratings: Pocket Guide [TEXT] [PDF]
- The Eyes Have It -- Get Your Prescription [TEXT] [PDF]
- 'Free Grants': Don't Take Them For Grant-ed [TEXT] [PDF]
- "Free" and "Low-Cost" PC Offers. Go Figure. [TEXT] [PDF]
- FTC Explains ‘Made in USA’ Standard To Confirm Cons. Confidence [TEXT] [PDF]
- Funerals: A Consumer Guide [TEXT]
- The Gifting Club "Gotcha" [TEXT] [PDF]
- Gear Up for a Great Trip - Traveler Game [TEXT]
- Green Card Lottery Scams [TEXT] [PDF]
- Holiday Shopping: Is a Sale Price Your Best Deal? [TEXT] [PDF]
- Home-Use Tests For HIV Can Be Inaccurate, FTC Warns [TEXT] [PDF]
- Home Improvement: Tools You Can Use Campaign [TEXT]
- Home Insulation Basics: Higher R-Values = Higher Insulating Values [TEXT] [PDF]
- Home Sweet Home Improvement [TEXT] [PDF]
- How to Buy Genuine American Indian Arts and Crafts [TEXT] [PDF]
- How to Right a Wrong [TEXT] [PDF]
- If You've Got "The Look" ... Look Out! Avoiding Modeling Scams [TEXT] [PDF]
- Internet Auctions: A Guide for Buyer and Sellers [TEXT] [PDF]
- Invention Promotion Firms [TEXT] [PDF]
- Jingle Bells, Jingle Sells: Tips for Holiday Shopping [TEXT] [PDF]
- Kitchen Gadgets Offer Food for "Thaw-t" [TEXT] [PDF]
- Living Trust Offers: How to Make Sure They're Trust-worthy [TEXT] [PDF]
- Long Distance Deals [TEXT] [PDF]
- Lotions and Potions: The Bottom Line About Multilevel Marketing Plans [TEXT] [PDF]
- Making Sense of Long Distance Advertising [TEXT]
- Making Sure the Scanned Price Is Right [TEXT] [PDF]
- More Than Once Upon a Mattress: Used Bedding Labeling Rules [TEXT] [PDF]
- Need a Lawyer? Judge for Yourself [TEXT] [PDF]
- Now Consumers Can Tell It to the FTC - Toll-Free [TEXT] [PDF]
- Paying Final Respects: Your Rights When Buying Funeral Goods & Services [TEXT] [PDF]
- Personal Emergency Response Systems [TEXT] [PDF]
- Petal Pushers: Is Your 'Local' Florist Really Long-Distance? [TEXT] [PDF]
- Prenotification Negative Option Plans [TEXT] [PDF]
- Problems With Holiday Purchases? [TEXT] [PDF]
- Project CLEAN Campaign [TEXT]
- Pump Fiction [TEXT] [PDF]
- Radiation Shields: Do They 'Cell' Consumers Short? [TEXT] [PDF]
- Resolving Consumer Disputes: Mediation and Arbitration [TEXT] [PDF]
- A Rose Is A Rose Is A Ruse? Campaign [TEXT]
- Safe Shopping Tips (Holiday Shopping Tips) [TEXT]
- Service Contracts [TEXT] [PDF]
- Servicing Your Furnace (audio) [RAM] [MP3]
- So You've Got a Great Idea? Campaign [TEXT]
- Solving Consumer Problems [TEXT] [PDF]
- Spotting Sweet-Sounding Promises of Fraudulent Invention Promotion Firms [TEXT] [PDF]
- Sun-Protective Clothing: Wear It Well [TEXT] [PDF]
- Sunscreens and Sun-Protective Clothing [TEXT] [PDF]
- Taking the "Bait" Out of Rebates [TEXT] [PDF]
- Thinking About a Home Improvement? Don't Get Nailed [TEXT] [PDF]
- Tips for Making Environmental Marketing Claims on Mail [TEXT]
- Trial Offers: The Deal Is in the Details [TEXT] [PDF]
- Unordered Merchandise [TEXT] [PDF]
- Up In Smoke: The Truth About Tar and Nicotine Ratings [TEXT] [PDF]
- Using Internet Access Products [TEXT] [PDF]
- Warranties [TEXT] [PDF]
- Warranties for Newly Built Homes: Know Your Options [TEXT] [PDF]
- Wash Daze: Laundry Gadgets Won't Lighten the Load [TEXT] [PDF]
- Weathering the High Cost of Heating Your Home [TEXT] [PDF]
- Weighing the Evidence in Diet Ads [TEXT] [PDF]
- Who Cares: Sources of Information About Health Care Products and Services [TEXT]
Business Information--- http://www.ftc.gov/bcp/menu-prod.htm
The Federal Trade Commission home page is at http://www.ftc.gov/
Bob Jensen's threads on consumer fraud are at http://www.trinity.edu/rjensen/FraudReporting.htm
Richard Campbell notes a nice white collar crime blog edited by some law professors --- http://lawprofessors.typepad.com/whitecollarcrime_blog/
What is robbing a bank compared to founding a bank?
Bertolt Brecht (1898-1956) ---
http://en.wikipedia.org/wiki/Bertolt_Brecht
Dirty Tricks the Banks are Trying to Pull on You: Some Things You Can Do About It
"Bank, ATM Fees Reach Record Highs," AccountingWeb, November 13, 2006
---
http://www.accountingweb.com/cgi-bin/item.cgi?id=102798
The Fall 2006 Checking Account Pricing Study, a survey conducted by Bankrate.com, found that some customer fees and requirements hit record highs.
"What makes these fees especially irritating is that they're avoidable," according to Greg McBride, senior financial analyst for Bankrate.com. "It's something that pops up and bites you when you're not careful."
Average Automated Teller Machine (ATM) fees charged users of machines at banks where users do not have an account, were a record $1.64, up a dime in a year. Although six banks reduced fees, 22 banks increased the amount, bringing the number of banks with ATMs that charge users to a record 98.3 percent. A lower percentage of banks-77 percent- are assessing fees on their customers who use other bank's ATMs and maintain a minimum balance on an interest account. Using numbers from the General Accounting Office (GAO), Bankrate.com estimated that customers would pay a total of $4.2 billion for non-bank ATM withdrawals in 2006, a slight drop from 2005
There is no better news concerning minimum opening deposits, which rose to record highs on both types of accounts, with interest accounts getting hit the hardest, at a 43 percent increase, up to an average $615.41. Non-interest account opening balances, although only $87.67, still posted a 21 percent increase, with an average $209.72 required minimum balance. This is the second lowest number ever found by the survey. Monthly fees for these accounts are also at a record low.
The balance requirement to earn interest and avoid fees is a whopping $2,660. The recent string of rate hikes is not reflected in the dismal 0.34 percent yield. Bankrate.com states "there is no need to maintain a large balance in a low yielding account when so many checking accounts come without balance requirements or fees."
Fees on bounced checks, non-sufficient fund (NSF) checks, hit a record high average $27.40, with 85 banks posting increases and 32 decreasing account fees. AccountingWEB contacted customer service agents at various banks and discovered that fee policies vary and it is wise to check the policy in the city and state in which the account was opened. If the account remains negative for a certain number of days, either a one time or a daily fee may be assessed, depending on the bank policy.
To earn interest at an online bank and avoid checking fees, it costs about half the balance required at a regular bank, but the initial opening balance is higher, at $605. The monthly service charge is also about half, $5.50 compared to $10.74. Although the online interest rate is higher, Bankrate.com maintains neither rate seems worth tying up the money which could yield more invested in other places.
The general advice to avoid fees is to shop around and check out all of the fees at a bank before opening an account, choose an account that fits individual needs, maintain minimum balances if required and keep track of balances, including checks written and any money withdrawn from the account through ATMs or account debit cards. This way the money will remain in your account and not on the banks profit statement.
The North Palm Beach online financial service surveyed 248 large banks and thrifts offering checking accounts, with 215 non-interest accounts and 247 interest accounts evaluated, using one non-interest and one interest checking account each, in 25 large U.S. markets.
"Enhancing the Role of Competition in the Regulation of Banks," Federal Trade
Commission, February 16, 1998 ---
http://www.ftc.gov/bc/international/docs/compcomm/1998--Enhancing the Role of
Competition.pdf
The Independent Community Bankers of America is not the best place to
search for the dirty secrets of banking, but the ICBA does have some helpful
advice for consumers ---
http://www.icba.org
Especially note the consumer education resources at
http://www.icba.org/consumer/index.cfm?ItemNumber=11331
The American Bankers Association is not the best place to search for the dirty secrets of banking, but the ABA does have some very helpful advice for consumers at http://www.aba.com/Consumer+Connection/default.htm
Bob Jensen's threads on consumer fraud are at http://www.trinity.edu/rjensen/FraudReporting.htm
Banks are also victims of fraud. You can read more about fraud on both sides of the teller windows at http://www.crimes-of-persuasion.com/Crimes/Business/bank_fraud.htm
Cheque Fraud
Check fraud accounts for yearly losses of at least $815 million, more than twelve times the $65 million taken in bank robberies annually.
Cheque kiting is when in-transit or non-existent cash is recorded in more than one bank account. The crime usually occurs when a bank pays on an unfunded deposit.
For example, a bum check is deposited into an account. Before the cash is collected by the bank, a check is written against the same account and deposited into a second account, or cashed. The increased use of wire transfers allows this type of scheme to be perpetrated very quickly.
At least two companies solicit uninsured deposits on the Internet. Netware International advertises itself as a "Constitutional" bank and FocusInternational.com, Ltd., is a West Indies company seeking deposits for an unidentified bank.
They lure depositors by offering high rates of interest, or promising offshore secrecy. Neither company is authorized, supervised, or regulated by any U.S. State or Federal bank or financial institutions regulator. Deposits in these companies do not have the protection of the Federal Deposit Insurance Corporation or any other state or federal deposit insurance.
One con, while in jail serving a state prison term for credit-card theft, actually perpetrated yet another credit card scam over a seven month period, using a technique that allowed him to hide the fact that he was calling from jail.
He would start off by calling the county-run nursing home saying he was a Bell Atlantic technician and that he needed the person to dial a special code to test the lines. When the person pressed the requested numbers, he would be connected to an outside line that he used to call businesses.
When he called the businesses, he would tell them he was a credit-card representative and that he needed customers' names and phone numbers to verify recent transactions. With that information he then called the cardholders and posed as a credit company employee, saying he needed personal information to check for fraud.
With this personal information and the credit-card numbers, he then requested and received more credit cards with which he made about $25,000 worth of purchases of such things as sports memorabilia, flowers, and gift certificates. He also bought calling cards so he could continue the scam.
Some of the items were given to other inmates in exchange for helping with the fraud while other items were shipped to friends to be held for him until he got out of jail.
Duplication of Card Information
Credit card "double scan" machines can copy info from the magnetic strip of your card and create a new duplicate card for which your account will be billed for any purchases. Try to keep your card in sight when possible to avoid this problem.
While card issuers have fraud detection software which picks up unusual spending patterns, smaller purchase "skimming" can be subtle and prolonged, compared to the flurry of spending when a card is stolen outright.
- Keep a record of your account numbers, their expiration dates, and the phone number and address of each company in a secure place.
- Void incorrect receipts and destroy carbons.
- Save receipts to compare with billing statements.
- Open bills promptly and report any questionable charges promptly and also in writing to the card issuer.
If you realize they've been lost or stolen, immediately call the issuer. Many companies have toll-free numbers and 24-hour service to deal with such emergencies.
By law, once you report the loss or theft, you have no further responsibility for unauthorized charges. In any event, your maximum liability under federal law is $50 per card. If you suspect fraud, you may be asked to sign a statement under oath that you did not make the purchases in question.
Booster Checks
A booster check is a non-sufficient fund (NSF) check used to make a payment to a credit card account. One group used "booster checks" to "bust out" legitimate credit cards. They used credit card "convenience checks" issued by the banks and credit card companies to inflate their credit card limits; or to "bust out" the credit card to double or triple the established line of credit.
Because banking laws require financial institutions to immediately post credit payments even before the check has been cleared, they would use the window of time between the posting of the credit card payment and the discovery of the bad check to go on a spending spree and purchase, among other things, large amounts of gold coins from legitimate coin vendors.
They would also go to store owners who knowingly aided the bust out scheme, who would "swipe" the credit cards through point-of-sale credit card terminals located at their businesses. While these transactions would appear to be legitimate, no merchandise would actually be exchanged.
Once a credit card company transfers funds to a store owner's bank account, a collusive merchant is able to dispense funds from the busted out credit card. The merchants in this case allegedly issued kickback checks to the card holder for the amount of the transaction, and they would then receive a kickback from the card holder which would amount to a small percentage of the transaction.
The Secret Service estimates the total loss in this one case is between $10 million and $15 million.
Falsification of Loan Applications
While scheming to defraud four banks and a credit union, one con opened checking and savings accounts using a false name and a fraudulently obtained new social security number. He then applied for seven loans for the stated purpose of financing the purchase of motor vehicles.
He also submitted false documents concerning his employment and income, including fake tax returns. By producing fictitious records including motor vehicle appraisals, insurance documents and invoices he obtained approximately $380,000 in loans for the purchase of a 1976 Rolls-Royce Silver Shadow, a 1978 Ferrari model 308 GTS convertible, a 1992 Mercedes-Benz model 300SE, a 1995 Mercedes-Benz model SL320 and a 1994 Mercedes-Benz model 500SL.
He also applied for and was issued multiple credit cards and charge cards. In just seven months he ran up charges leading to losses of at least $460,000.
For example, he used an American Express account to pay $27,000 towards the purchase of an item of jewelry, used an MasterCard to place a $5,000 down payment towards the purchase of a 1955 Mercedes-Benz 300SL Gullwing with a purchase price of $203,000 and a 1964 Ferrari 250GT Lusso convertible with a purchase price of $153,000, and then used the American Express account to pay $320,000 towards the purchase of these two antique automobiles. He also used various VISA and MasterCard accounts to obtain substantial cash advances and used the American Express account to pay $93,600 towards the purchase of a Patek Philippe Moon Phase watch with a purchase price of $95,600.
Laxity of Enforcement
One of the problems with enforcing bank fraud laws is that it is often relegated to a low priority, or ignored altogether, because the activity can span several jurisdictions, involve many unidentified subjects, is non-violent and usually there are few leads.
Normally, the typical bank robber nets $700 and is caught within 24 hours, yet the average check scam involves losses of more than $2,000, the perpetrators are seldom caught, and there are more than one hundred times as many cases as bank robberies. Out of 10,000 cases the losses exceeded $60 million dollars.
Many bank fraud suspects are able to elude arrest by furnishing false identification when cashing stolen, forged, or counterfeited checks. One effort to stop this crime is the "Check Print" program which requires non-bank customers to provide a thumb print, using a clear solution, on the negotiated check for identification purposes. With this positive identification, it has been much easier to identify, arrest, and successfully prosecute bank fraud scams.
Check Security Features
Check manufacturers help deter check fraud by making checks difficult to copy, alter, or counterfeit. Some useful security measures include:
Watermarks. Watermarks are made by applying different degrees of pressure during the paper manufacturing process. Most watermarks make subtle designs on the front and back of the checks. These marks are not easily visible and can be seen only when they are held up to light at a 45-degree angle. This offers protection from counterfeiting, because copiers and scanners generally cannot copy watermarks accurately.
Copy Void Pantograph. Pantographs are patented designs in the background pattern of checks. When photocopied, the pattern changes and the word "VOID" appears, making the copy nonnegotiable.
Chemical Voids Chemical voids involve treating check paper in a manner that is not detectable until eradicator chemicals contact the paper. When the chemicals are applied, the treatment causes the word "VOID" to appear, making the item non-negotiable.
High Resolution Microprinting. High-resolution microprinting is very small printing, typically used for the signature line of a check or around the border, in what appears to be a line or pattern to the naked eye. When magnified, the line or pattern contains a series of words that run together or become totally illegible if the check has been photocopied or desktop scanned.
Three-dimensional Reflective Holostripe. A holostripe is a metallic stripe that contains one or more holograms, similar to those on credit cards. Those items are difficult to forge, scan, or reproduce, because they are produced by a sophisticated, laser-based etching process.
Security Inks Security inks react with common eradication chemicals. These inks reduce a forger's ability to modify the printed dollar amount or alter the designated payee, because when solvents are applied, a chemical reaction with the security ink distorts the appearance of the check.
Cooperation between Check Manufacturers and Financial Institutions
Participating financial institutions can report all checking accounts "closed for cause" to a central database, called ChexSystems. This program prevents people, who have outstanding checks due to retailers, from opening new accounts.
You can use this information before opening new accounts to spot repeat offenders and you can also use MICR information from a check presented with the applicant's drivers license number to check the SCAN file for any previous fraudulent account activity.
Bob Jensen's threads on the dirty secrets of credit card companies are at http://www.trinity.edu/rjensen/FraudReporting.htm#FICO
"FIVE YEARS LATER: USA PATRIOT ACT'S IMPACT ON BANKS"
Fortent ---
http://www.fortent.com/
Summary from Accounting Education News --- http://accountingeducation.com/index.cfm?page=newsdetails&id=143852
"Five years ago [last October], the regulatory environment for financial institutions was transformed virtually overnight," observes Sandy Jaffee, CEO of Fortent, a specialist in anti-money laundering, Know Your Customer, and fraud detection technology. "The passage of the PATRIOT Act in October of 2001 brought a whole new level of regulatory oversight to banks and other segments of the financial industry." The USA PATRIOT Act -- Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 -- has spurred these key developments in the financial services industry, says Ms. Jaffee.
Signed by President Bush on October 26, 2001, the USA PATRIOT Act has "elevated compliance to a top-level issue for boards of directors," says Ms. Jaffee. "Directors and financial executives are increasingly concerned about reputational risk and have created demand in the market for new ways to solve their compliance problems."
The USA PATRIOT Act -- Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 -- has spurred these key developments in the financial services industry, says Ms. Jaffee:
New burden on smaller banks - Large banks, often the first focus of regulatory activity, have been able to develop compliance systems to meet the relatively measured pace of regulatory change since the Bank Secrecy Act of 1970. But the PATRIOT Act has brought a new and urgent spotlight on mid-size and smaller banks as money launderers have shifted their schemes to financial institutions with the least internal enforcement capacity. Examiners are now applying the same standard of "zero tolerance" in detection and reporting requirements to both regional and global institutions. New to such intense regulatory oversight, smaller banks are facing huge implementation and cost challenges to put adequate compliance programs in place.
Scrutiny beyond banks - The segments of the financial industry that fall outside the scope of banking regulators are also expanding their enforcement efforts to thwart money launderers seeking unregulated businesses. The PATRIOT Act expanded compliance requirements, previously mandated only for banks, to the broker/dealer community, insurance companies, mutual funds, and other financial entities. This year, in its first-ever enforcement action under the PATRIOT Act, the Securities and Exchange Commission sanctioned a broker-dealer for violating customer identification requirements.
Demand for expertise - Changes in legislation as well as the specific needs for technology to address these compliance issues have created a demand for multi-dimensional professionals who combine expertise in banking, technology, and compliance. Banks are recruiting experts attuned to regulatory expectations, even hiring former policy-makers and examiners as key members of their compliance staff. But organizations have found such people in short supply, leading to stiff competition for those workers.
Demand for efficient technology - Instead of installing compliance technology that slows operations, businesses are demanding that compliance systems be integrated into existing business processes to improve workflow and productivity.
Trend toward integrated regulatory standards - The five biggest federal regulatory agencies are working more closely than ever to create common compliance standards for the financial businesses they regulate.
Higher costs of non-compliance - The proven consequences of non- compliance - fines of up to $80 million, the personal liability of board directors and top executives in public companies, stiff penalties curbing business expansion, millions of dollars in remediation costs, and reputational damage - are forcing banks to rethink what compliance will cost.
"What the changes of the past five years have shown are the depth and breadth to which the PATRIOT Act has affected every size financial institution," observes Ms. Jaffee. "Once seen as a routine, check-the-box issue, compliance is now regarded as essential to protecting reputational risk."
Dilbert has a blog --- http://dilbertblog.typepad.com/the_dilbert_blog/
Untold Stories of Kindness: Listen to this story
As an Army medic in Iraq, Sgt. Ernesto Haibi has seen
his share of violence and death. But despite his wartime experiences, Haibi
believes mankind's goodness can foster a positive, more peaceful future.
"Untold Stories of Kindness: Listen to this story," by Ernesto Haibi,
NPR, November 13, 2006 ---
http://www.npr.org/templates/story/story.php?storyId=6479980
Question
Do students need more protection from their professors who expound political
views?
For all the fears about David Horowitz’s
Academic
Bill of Rights, the proposal ended up going nowhere
in state legislatures last year. But in Pennsylvania, the House of
Representatives voted to create a special legislative committee to investigate
the state of academic freedom and whether students who hold unpopular views need
more protection. The special committee held hearings — amid charges and
countercharges from Horowitz, his allies, college presidents, faculty groups and
others.
Scott Jaschik, "Who Won the Battle of Pennsylvania?" Inside Higher Ed,
November 16, 2006 ---
http://www.insidehighered.com/news/2006/11/16/tabor
Bob Jensen's threads on free speech and academic freedom controversies are at http://www.trinity.edu/rjensen/HigherEdControversies.htm#AcademicFreedom
2006 Creativity Professors of the Year
"Professors honored for creativity," by Marissa Levy, USA Today, November 16, 2006 --- Click Here
The national winners are:
Baccalaureate colleges
Kenneth Brashier, 41, the bone-grilling professor of religion and humanities and scholar of Chinese studies at Reed College in Portland, Ore., says he strategically plans each of his lectures to capture student attention and maximize participation.
"One thing I do all the time is try to envision myself in the (student's seat). I'm always asking myself, 'If I was a student taking my class, what would I have wanted out of me?' "
Community colleges
Mark Lewine, 60, professor of anthropology at Cuyahoga Community College in Cleveland, says the award is a high point in his 35-year teaching career. Lewine earned the top-professor chops for his dedication to promoting community college education, the education council says.
"A community college to me is a very magical place for anyone interested in interacting with a highly diverse group of people," Lewine says.
Doctoral and research universities
Alex Filippenko, professor of astronomy at the University of California-Berkeley, won for a teaching style that goes beyond the traditional lecture to incorporate music, visual props and digital media.
"For example, I jump from the floor to chairs to desks as I catch colored balls students toss at me to illustrate the change in atomic energy level by electrons absorbing photons," Filippenko says.
Master's universities and colleges
Donna Boyd, professor of anthropology at Virginia's Radford University, was honored for her dedication to forensic anthropology and providing students with hands-on practice in the field, including trips to crime scene investigations and case studies on human remains.
"The power of knowledge is most relevant when applied outside of the classroom," Boyd says.
The Causey of It All --- At Long Last
Of all the Enron accounting executives (Fastow was the CFO who knew epsilon about accounting) I wanted Rick Causey sent up river. Causey was the Chief Accounting Officer who worked out most of the accounting fraud and was the closest conspirator with David Duncan, Andersen's manager of the less-than-independent audit. Causey mysteriously was not called on to testify in the trials of Lay and Skilling, purportedly because he was "not a rat." It appears that he was a bit more of a rat than previously reported.
"Ex-Enron Officer Given 5½ Years in Prison," The New York Times, November 16, 2006 --- http://www.nytimes.com/2006/11/16/business/16enron.html
Richard A. Causey, the last of the top Enron executives to learn his punishment, was sentenced Wednesday to five and a half years in prison for his role in the corporate accounting scandal.
Mr. Causey, 46, the company’s former chief accounting officer, pleaded guilty in December to securities fraud, two weeks before he was to be tried along with the founder of Enron, Kenneth L. Lay, and the former chief executive, Jeffrey K. Skilling, on conspiracy, fraud and other charges related to the company’s collapse.
Mr. Causey had agreed to serve seven years in prison. Prosecutors said they could have recommended it be reduced to five if they were pleased with his cooperation.
Mr. Causey also agreed to pay $1.25 million to the government and to forfeit a claim to about $250,000 in deferred compensation as part of his plea deal. Unlike some others at Enron, he did not skim millions of dollars for himself.
Prosecutors dropped their plan to seize Mr. Causey’s home, a $950,000 two-story red-brick house in a Houston suburb.
Mr. Causey had faced more than 30 counts of conspiracy, fraud, insider trading, lying to auditors and money laundering.
In his guilty plea, made in Federal District Court, he admitted making false public findings and statements.
He did not testify in the Lay-Skilling trial this year, though he was on the defense witness list.
Mr. Skilling and Mr. Lay were convicted in May of conspiracy and fraud. Mr. Lay’s convictions were wiped out with his July death from heart disease. Mr. Skilling was sentenced last month to more than 24 years in prison.
Andrew S. Fastow, Enron’s former chief financial officer, whose schemes helped doom the company, was sentenced in September to six years.
Mark E. Koenig, Enron’s former director of investor relations, and Michael J. Kopper, an Enron managing director and Mr. Fastow’s top aide, are scheduled to be sentenced Friday.
Enron collapsed into bankruptcy in December 2001 after years of accounting tricks could no longer hide billions in debt or make failing ventures appear profitable.
Bob Jensen's threads on Rick Causey are at http://www.trinity.edu/rjensen/FraudEnronQuiz.htm
Why white collar crime pays for Chief Enron Accountant:
Rick Causey's fine for filing false Enron financial statements:
$1,250,000
Rick Causey's stock sales benefiting from the false reports:
$13,386,896
That averages out to winnings of $2,427,379 per year for each of the
five years he's expected to be in prison
You can read what others got at
http://www.trinity.edu/rjensen/FraudEnron.htm#StockSales
Nice work if you can get it: Club Fed's not so bad if you earn
$6,650 per day plus all the accrued interest over the past 15 years.
Creative Accounting by Creative Michael Dell
Dell said yesterday that the Securities and
Exchange Commission had started a formal investigation into its accounting
practices, but provided no other details of the inquiry that began in August. As
a result, the computer company said it was delaying the release of its
third-quarter financial results until the end of the month. It had planned to
announce them today after the markets closed. The company said the delay was not
because of the new status of the investigation, but rather because of the
difficulty of answering government queries, conducting its own inquiry and
quickly compiling complex financial information.
Damon Darlin, "Dell Accounting Inquiry Made Formal by S.E.C.," The New York
Times, November 16, 2006 ---
http://www.nytimes.com/2006/11/16/technology/16dell.html?_r=1&ref=business&oref=slogin
Dell's independent auditor in PricewaterhouseCoopers (PwC) --- http://www.trinity.edu/rjensen/Fraud001.htm#PwC
The 2006 National Survey of Student Engagement, released November 13, 2006, for the first time offers a close look at distance education, offering provocative new data suggesting that e-learners report higher levels of engagement, satisfaction and academic challenge than their on-campus peers --- http://nsse.iub.edu/NSSE_2006_Annual_Report/index.cfm
"The Engaged E-Learner," by Elizabeth Redden, Inside Higher Ed, November 13, 2006 --- http://www.insidehighered.com/news/2006/11/13/nsse
The 2006 National Survey of Student Engagement, released today, for the first time offers a close look at distance education, offering provocative new data suggesting that e-learners report higher levels of engagement, satisfaction and academic challenge than their on-campus peers.
Beyond the numbers, however, what institutions choose to do with the data promises to attract extra attention to this year’s report.
NSSE is one of the few standardized measures of academic outcomes that most officials across a wide range of higher education institutions agree offers something of value.Yet NSSE does not release institution-specific data, leaving it to colleges to choose whether to publicize their numbers.
Colleges are under mounting pressure, however, to show in concrete, measurable ways that they are successfully educating students, fueled in part by the recent release of the report from the Secretary of Education’s Commission on the Future of Higher Education, which emphasizes the need for the development of comparable measures of student learning. In the commission’s report and in college-led efforts to heed the commission’s call, NSSE has been embraced as one way to do that. In this climate, will a greater number of colleges embrace transparency and release their results?
Anywhere between one-quarter and one-third of the institutions participating in NSSE choose to release some data, said George Kuh, NSSE’s director and a professor of higher education at Indiana University at Bloomington. But that number includes not only those institutions that release all of the data, but also those that pick and choose the statistics they’d like to share.
In the “Looking Ahead” section that concluded the 2006 report, the authors note that NSSE can “contribute to the higher education improvement and accountability agenda,” teaming with institutions to experiment with appropriate ways to publicize their NSSE data and developing common templates for colleges to use. The report cautions that the data released for accountability purposes should be accompanied by other indicators of student success, including persistence and graduation rates, degree/certificate completion rates and measurements of post-college endeavors.
“Has this become a kind of a watershed moment when everybody’s reporting? No. But I think what will happen as a result of the Commission on the Future of Higher Ed, Secretary (Margaret) Spelling’s workgroup, is that there is now more interest in figuring out how to do this,” Kuh said.
Charles Miller, chairman of the Spellings commission, said he understands that NSSE’s pledge not to release institutional data has encouraged colleges to participate — helping the survey, first introduced in 1999, get off the ground and gain wide acceptance. But Miller said he thinks that at this point, any college that chooses to participate in NSSE should make its data public.
“Ultimately, the duty of the colleges that take public funds is to make that kind of data public. It’s not a secret that the people in the academy ought to have. What’s the purpose of it if it’s just for the academy? What about the people who want to get the most for their money?”
Participating public colleges are already obliged to provide the data upon request, but Miller said private institutions, which also rely heavily on public financial aid funds, should share that obligation.
Kuh said that some colleges’ reluctance to publicize the data stems from a number of factors, the primary reason being that they are not satisfied with the results and feel they might reflect poorly on the institution.
In addition, some college officials fear that the information, if publicized, may be misused, even conflated to create a rankings system. Furthermore, sharing the data would represent a shift in the cultural paradigm at some institutions used to keeping sensitive data to themselves, Kuh said.
“The great thing about NSSE and other measures like it is that it comes so close to the core of what colleges and universities are about — teaching and learning. This is some of the most sensitive information that we have about colleges and universities,” Kuh said.
But Miller said the fact that the data get right to the heart of the matter is precisely why it should be p