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The Politics of Envy
Inside Liberty Watch Today - January 15, 2007

By Doug French

While the financial press crows about the new highs being set in watered down dollar terms by the Dow Jones Industrial Average, the politics of envy are in high gear. In this post-Enron age, the rule makers in Washington are doing their best to make headlines and win votes claiming to make investing safe again for the average dim-witted shareholder.

But what these regulations really do is drive entrepreneurial talent away from public companies, competition is reduced for large firms, wealth is less widely distributed, corporate boards are made stupider, and petty bureaucrats are elevated to management positions. This ultimately will leave shareholders with fewer and poorer performing investment choices.

First there was the Sarbanes-Oxley Act of 2002 that provides for a thicket of self-monitoring rules. "The closer you look at Sarbanes-Oxley the more you realize it is perfectly designed to crush new business creation," writes Michael Malone in The Wall Street Journal online. The average cost of implementing Sarbanes-Oxley is $3.5 million according to Malone, not a big deal for big companies, but a deal killer for start-ups.

The demonization of stock options also puts the kibosh on innovative start-up companies. The Financial Accounting Standards Board has implemented rules that force companies to expense the value of stock options that are used to attract talent from top to bottom in new and existing organizations. These regulators point to the Frank Quattrones of the corporate world as reason to implement the new rules.

But while the regulators haven't stopped executives from receiving options, they have very effectively made it too expensive to hand out options to all rank-and-file workers. The number of millionaires working at (or retired from) Microsoft is legendary. More average Joes and Janes were made wealthy through stock options than by any other means in recent years. As Malone points out: "The great stories are not about a Steve Jobs becoming a billionaire, but about his secretary becoming a millionaire."

Mr. Jobs is now caught of in the scandal de jour of possibly receiving backdated options. Millions of man-hours are now being spent scouring option records at public companies in a witch-hunt to determine if executives received the benefit of beneficial option pricing. These "unproductive vultures of corporate democracy and securities regulation" as Thomas G. Donlan of the Barron's so appropriately labels them should cease and desist. They do nothing but harm to shareholders and the US economy.

The typical investor can buy a share of a company with a simple phone call or the click of a mouse. That same investor can sell the share just as quickly. This passive investment requires nothing of the investor but money. The shareholder didn't create anything, but owns "a ticket to ride on the ship that others have built, others navigate, others load, others steer," Donlan explains.

Doug French, Liberty Watch Columnist
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