Fire Your Agent
John Bogle, founder of the Vanguard Group has always been a beacon of sanity in a financial business filled with coke sniffing Masters of the Universe. Vanguard offers Index funds with very low fee structures that stand in stark contrast to the "2 and 20" fees (2% of assets under management and 20% of the profits) of the hedge fund barons. When I hear so many blog posters griping about the conspiracy of Wall Street insiders to rip us off, I think of Bogle's constant mantra--"you own these companies, why are you such a passive investor?"
"When I read the causes of the recent unpleasantness, I haven't seen one single person who has said that the owners of these corporations, including the banking corporations, didn't seem to give a damn about how they were being run," Mr. Bogle said in an interview last week. "We own all this stock but we pretty much do nothing."
That "we" he talks about really refers to those in charge of our retirement accounts, pensions and savings: mutual funds and professional money management firms that, as institutional investors, control 70 percent of the shares of large public companies today.Such an outsize stake means that the institutions wield great power and influence over corporate America. Yet, as Mr. Bogle points out, few institutions have played an active role in board structure and governance, director elections, executive compensation, stock options proxy proposals or dividend policies at the companies they own.
Quite frankly, I'm sick and tired of the conspiracy theories (" Barack Obama is secretly controlled by Goldman Sachs") that fill the blog pages. The left has been bedeviled by conspiracy theories ever since JFK was assassinated and it just fuels the collective sense of powerlessness. Everyone who has a 401 K has participated in the transition from the ownership society to the agency society.
Indeed, while many still believe that the American way of investing makes ours an ownership society, Mr. Bogle says we live in an agency society, one in which we rely on agents -- mutual fund managers, pension fund managers -- to make our investment choices for us.An ownership society was an accurate depiction of where this country was 50 years ago, Mr. Bogle says. Not today.
And he says that the trust we have placed in these agents is undeserved.
If we have a collective action problem in dealing with the Agency Society, that's probably where we should be putting some energy, rather than assuming the government is going to solve all these problems for us.
You collectively own Citibank. You just pretend you don't.




















Let's look at a typical institutional investor: Fidelity, with $1.3 trillion in assets across mutual funds, brokerage accounts and other products.
It's a privately held corporation run exclusively by (Jack Bogle's friend) Ned Johnson and his daughter. It could, as Bogle says, exert major influence over corporation behavior but it won't because -- one of the ways it gathers assets is to sell retirement planning services to... major corporations! Fidelity doesn't want to oust the management of a Fortune 500 company, it wants those managers to buy services from Fidelity! The relationship is conflicted. Owners of Fidelity funds, many of whom have no choice because their employers chose their 401(k) provider, have no voice in anything.
Bogle founded Vanguard, which has the same conflicts. Vanguard can only exist if corporations hire it to run its 401(k) and pension plans. I love Bogle and Vanguard but Bogle will be the FIRST to tell you about this conflict.
This isn't a conspiracy theory, it's a simple issue of incentives. The institutional investors who represent us have every reason in the world to play along with company managers and you'd be better off criticizing the system of perverse incentives than the people who are victims of it.
Have you no shame, Taplin?
April 12, 2009 6:21 PM | Reply | Permalink
destor- Much as I always love your sense of outrage, don't you think if certain Investment managers (Bogle's "agents") began exercising more authority over the companies they own, they might start attracting more investments.My guess is that at a minimum, Union pension funds, which make up a huge portion of the institutional funds, would be attracted to these more aggressive managers.
April 12, 2009 8:16 PM | Reply | Permalink
Jonathan, thanks for the reply but it's not a sense of outrage, I'm really outraged!
You're right about the union pension funds. I'd add, especially the public employee unions because the private ones are dwindling in place of 401(k) accounts that Fidelity and, yes, Vanguard, covets.
But I know the managers of the biggest public pension funds and they are decidedly not activist because... ironically (given that Bogle is the guru of indexing) they are mostly indexed and have to own the market no matter what and this they can't really punish corporate managers by walking away from a stock.
Okay, I should apologize for me "have you now shame" crack but... you have to admit that I have a point here and that the problem isn't one of will but of the system we're trapped in.
April 12, 2009 11:21 PM | Reply | Permalink
And... one more thing... your question has been answered.
Fidelity, Vanguard and the Investment Company of America (American Funds) are the three largest fund managers in the world and they have never, ever, ruffled corporate feathers. So they can gather all the assets they want without even a gesture towards shareholder activism or democracy. They don't need to exert control to win assets (that are mostly involuntary anwyay as people invest where their employers make them invest) so... they won't.
April 12, 2009 11:24 PM | Reply | Permalink
Your points are all good. But what I'm asking is for CALPERS and the other giant union pension funds to really become activists and not give any business to firms like Morgan Stanley or Goldman Sachs unless they become activists too. Enough of this Ostrich with a head in the sand act.
April 12, 2009 11:30 PM | Reply | Permalink
I can join you in a call for new shareholder activism, for sure. But we must change incentives.
And... on a personal note, I don't know why you tick me off so often (maybe it's a good thing) but I'd like to find a better way to debate with you.
You're worth reading, for sure (I do click on all your posts) but I think you're harsh on well meaning people here -- comments about "whiners" and "libertarian trolls" (a lot of us are social libertarians that a guy who hung out with Bob freaking Dylan should sympathize with) -- so can you at least think about how it is that you deal with your critics here? We're an interested, well informed bunch, not crank conspiracy theorists.
April 12, 2009 11:35 PM | Reply | Permalink
I think you've hit the right point in focusing on the incentives. You're both dancing around it a bit, so let me pose the question: Supposing that an organization, CALPERS for example, were to do this, in whose interest would they act? I think this is probably a far more vexing question than it might appear on first brush.
April 13, 2009 2:24 PM | Reply | Permalink
So CALPERS would have 2 problems I can think of off the bat:
As Jonathan argues, they should be activists for good corporate governance at the banks in which they own stock -- for reasonable pay and for reasonable risk taking.
But at the same time -- CALPERs buys other services from these banks (private equity investments are one) so I'm just not sure there the least conflicted broker.
Still, CALPERs is less conflicted than the big mutual fund players.
April 13, 2009 3:15 PM | Reply | Permalink
So, then I pose the question: Why are they not currently activists for good corporate governance?
April 13, 2009 3:40 PM | Reply | Permalink
Shareholders make poor owners because they are too distant from the day-to-day business of the company and tend to be passive, especially when stock prices are rising. This is true even of large institutional investors. And Boards are often too cozy with management, also passive, and also disengaged from day-to-day operations. So the current corporate governance structure doesn't work. We can wish that shareholders would be more involved, but we have years of empirical evidence suggesting this won't happen. Rather than hoping for something unlikely, let's think about ways to change the way corporations are governed. One thought: why don't employees have a larger say in the governance of the corporations they work for. Democracy has been pretty successful in the political world? Why not in the (now largely feudal) corporate world?
April 14, 2009 7:35 AM | Reply | Permalink
When do we get to vote to fire Citibank's whole upper management? I vote as severance they pay us!
Collective ownership...hmmm, sounds a little pinkish but okay. Now, I'd think that direct one-man one-vote representative democracy is a little more like the "collective ownership" you're talking about. And, representation-wise, how's that been going the last eight years or so?
April 12, 2009 6:56 PM | Reply | Permalink
PS If you think the government should not be "fixing the problem" the way they have, I can't argue with you there. Perhaps the best the government could do would be to save the taxpayers' money (maybe use it to create jobs or something trivial like that) and let the collectively-owned market sort out Citibank, et al., right?
April 12, 2009 7:03 PM | Reply | Permalink
I'm not particularly pleased for my pension fund and endowment to be owning Citigroup. I'd rather the deal our investors have with us---bonds, that can be called if the issuer does not maintain a healthy asset/liability ratio. We risked having our bonds called by being mostly in stocks, and have to pay penalties to keep the bondholders at bay, now that the market has fallen so low.
So who was smarter, the bondholders or my organization? I'd rather not own, but let the actual owners take the risk.
April 12, 2009 7:31 PM | Reply | Permalink
The left has been bedeviled by conspiracy theories ever since JFK was assassinated and it just fuels the collective sense of powerlessness.
Ummm, people of all political persuasions think about conspiracy theories. Pinning it on the left is silly. Do you blame the Coast-to-Coast with Art Bell on the far left too?
Why have you been so worried lately about Obama taking criticism? He's a big boy; he can take it. He needs an active, vocal, and very critical left to use as leverage against Wall Street. Bogle's quote could just as easily have been: "you own these [politicians], why are you such a passive [citizen]?"
April 12, 2009 7:38 PM | Reply | Permalink
If we have a collective action problem in dealing with the Agency Society, that's probably where we should be putting some energy, rather than assuming the government is going to solve all these problems for us.
Under the theory of democratic government, “the government” is just the sovereign people exercising their ancient right and capacity to govern themselves. Government is the way people in a democratic society organize their efforts toward the common good and solve their common problems. So looking for more and better government is nothing for democratic citizens to be ashamed of – so long as they remember that the government is not some remote, alien overlord who is going to wing in from above to fix everything for them by magic. Governing our society is something we have to work collectively to do ourselves. More government means more people taking control of their lives and the life of their country, and working collectively to choose the future they want, rather than just letting that future happen to them, or be treated as a fatal product of forces beyond rational political control.
But despite the official, ritual appeals to democratic philosophies of government in Washington propaganda, many Americans have come to accept or tolerate a political philosophy according to which large private property-holders are entitled to run and dominate the lives of their economic inferiors – a group which includes most of us. In our society, there are many large institutional and even individual centers of power that control our lives. Through a variety of historical contingencies we have made a somewhat arbitrary division of those institutions. Some of them we call “government” or “public”, and accept that they should be run by the sovereign people. The others we call “the private sector”, and believe that the godfathers, capos and bosses of the private sector are entitled to seek to attain the commanding heights and dominate the affairs of their fellow men without interference from “government”. Yet the power of the “private sector” now prevails almost everywhere.
This is a backward and ruthlessly undemocratic system. It is ridiculous to think we are a free and self-governing people when we are excluded form decision-making power over the agencies that dominate the majority of our lives. People go to work every day, and spend about ½ of their waking life toiling under the most egregious and hierarchical despotism. They typically have almost no say in how the organization they work for operates. They are almost as abjectly subordinate to their bosses as the miserable serfs of the past. Their workplace is a democracy-free zone. They are, it is true, free to leave, but have little choice but to accept the same authoritarian servitude elsewhere. Somehow, Americans have been trained to accept this form of servitude as normal, and even compatible with a democratic society. This is manifest cognitive dissonance.
Even when they are not at work, Americans are disposed to bow to a system in which, each day, privately operated firms make decisions of incredible social moment, with almost no permitted influence from the supposedly sovereign, self-governing people. These decisions have far more influence in determining the course of our lives than the actions of our alleged “government”.
This intellectual submission by Americans is absurd. They have been dazzled by economic theologies as convoluted and preposterous as the most decadent medieval scholasticism. It’s a slave mentality. And events like “the recent unpleasantness” only reveal that our professions of democracy in this country are largely a sham. We don’t live in a democracy; we live under an undemocratic oligarchy.
Stock-holding and stock-holder meetings are not democracy. To say that a massive social problem that afflicts everyone in the country should be dealt with by having stockholders exert more control over their agents is to disenfranchise the large swath of Americans who are not stockholders or owners of any kind in the world of corporations. This is political primitivism. It is just as odious as the old systems according to which only landowners were entitled to vote.
The public could do two things in response. It could move to own everything – lock, stock and barrel. The alternative is to continue to permit private ownership, but take a much firmer hand in how private owners conduct their affairs, and make sure their activity serves the common good. We can spread democratic decision-making throughout our society, even in and over the corporate firms that run the American order.
Jon, tell your friends on Wall Street to get ready, because even the docile wingnut nincompoops are going to figure this out eventually.
April 12, 2009 8:55 PM | Reply | Permalink
Dan K- While I agree with most of your quite eloquent post, I need to take two exceptions. 1-I have very few "friends on Wall Street". I was a M & A Vice President for Merrill Lynch in the late 80's. I made quite a bit of money, but it was a soul killing profession and I left it to produce a Sci-Fi film for Wim Wenders about the year 2000.
I may speak from the point of view of a 61 year old pragmatist of the left. I get regularly dissed for that pragmatism by the much younger new progressives (and libertarian trolls on this blog) who seemed to have some illusion that they are in anything close to a revolutionary time. My political credentials are those of our esteemed Dr. Gitlin, but I worked with SNCC in 1964, not the NAACP or CORE. Those of you who are old enough and were involved enough, know what that means. I was a junior at Princeton in 1968. The President of the student body was also the President of SDS.
What seems so good about Obama is that he has accomplished more, in three months than Bill Clinton did in 8 years. I think he understands Andy Warhol's (I think) prescient notion,
"You can't get up in front with a flag and make anyone go anywhere. You have to move to the edge, declare that the centre and let everyone reorganize the world around you."
April 12, 2009 9:59 PM | Reply | Permalink
I meant "not those of the esteemed Dr. Gitlin"
April 12, 2009 10:01 PM | Reply | Permalink
I made quite a bit of money, but it was a soul killing profession and I left it to produce a Sci-Fi film for Wim Wenders about the year 2000.
I know the feeling, Jonathan, and respect you for making the change. I'm 50, and wish I had similar options. But it looks like soul death will remain on my personal economic agenda for some time.
As for revolution, I think we have to look at what is happening to the United States from a global point of view. It appears to me that we are in a global cusp or transition period that will affect the US is ways similar to what happened to the British Empire following the Second World War. Obama is a good guy, but he is now the leader of an obsolete, overstretched and very expensive national security establishment built on the power assumptions of the last century. This has little to do with choices he makes, but is a consequence of shifting global power relations that are mostly outside his control. Obama heads up a postwar imperial order that is declining, and experiencing dislocation.
The recent Pentagon budget changes don't indicate he and his administration yet get it. Obama still thinks he is going to "restore American leadership in the world". He needs to reorient his thinking, and adapt to the epochal changes that are occurring. Washington is a governing machine addicted to a variety of unsustainable commitments. These are commitments the US has assumed, in one form or other, since World War II. Soon Obama and other leaders in Washington are going to turn around and find out that few people are following them any more.
The challenge for all of us is whether we will adapt to these changes and help make a graceful transition to a reworked global order, or will embark on even more quixotic efforts to freeze history and hang onto our former levels of power in a vanishing order. The British effectively transferred many imperial operations to the US, and then accepted a junior position in the new America-lead order. The situation today is not exactly parallel. But the question is whether the US will help manage an organized transfer of responsibilities to global institutions, or will claw to hang on to the American Century and dominate the disappearing past, and as a result precipitate a more pitched, competitive struggle for power. Will we be more like postwar Britain or between-the-wars Germany?
Whether these times will prove to be revolutionary in the political economy of the United States is yet to be seen. But I don't think the lessons of the 60s, which proved to be a far less revolutionary period in some ways than many participants expected, are a good example. The US was in many ways at the height of its power then, particularly economic power, despite the strategic blunder of Vietnam which caused much of the popular outrage. But imagine if both Vietnam and the 1929 crash had happened together, and at a time when US power was already declining in relative terms.
I don't think we are talking about a "storm the Bastille" kind of revolution in 2009. But there has to be some sharp political response to the growing popular realization that Washington and Wall Street comprise a predator state that are hostile to the best interests of ordinary Americans.
The events of the past few years have exposed some huge political-economic myths as myths. Americans have observed the extraordinary growing wealth of their corporate bosses and financial captains for years. Dollars reproduce in these corporate offices like an invasive species of weed. But they are dollars that could be going elsewhere. We were told that these moneybags are entitled to their astronomical earnings because the invisible hand of the market allocates resources in the most economically rational way, so there is an underlying divine method to the madness. That story has been exposed as a myth. So now people are increasingly starting to ask, "If those people have not been paid a fortune because paying them a fortune is economically rational, what is responsible for those decisions?" And I think the answer people are beginning to understand is, "Because it's a racket; because the class of people who direct the nation's capital and direct corporate decisions work as a common interest in siphoning vast, unmerited quantities of that wealth into their own pockets." The securities market meltdown is only part of the national education. Before that we had Enron teaching the same lesson.
Iraq was the inspiration for a similar round of revelatory myth-busting in the national security field. Who controls the decisions to throw thousands of young American lives and trillions of dollars of hardware into a barbarous Middle East maelstrom? Who benefits? Who tells the stories that promote these efforts? Many millions of Americans are perceiving our system in a whole new way, with a more critical and skeptical eye and ear, and that is going to have a profound effect on our politics. What other pious claims and self-rewarding myths have been promulgated, and need to be exploded? Unlike the sixties, we don't have a generational split between a younger cohort of sacrificial lamb-children and an older generation of pious, faithful Abrahams, ever-ready to do the lord's work. The pain of those lost retirement funds and lost jobs is being felt across the society, among all generations.
April 13, 2009 8:18 AM | Reply | Permalink
Thank you for that, Dan.
April 12, 2009 10:00 PM | Reply | Permalink
Very well said Dan...in tone and substance.
April 12, 2009 11:13 PM | Reply | Permalink
Thanks guys.
April 13, 2009 11:25 AM | Reply | Permalink
Wow Dan, this is the ultimate line of brilliance:
That pretty much sums it all up.
April 13, 2009 5:15 PM | Reply | Permalink
I can't claim credit for brilliance, mageduley. "Predator state" is James Galbraith's term.
April 13, 2009 8:06 PM | Reply | Permalink
Excellent post Dan. Agree wholeheartedly.
April 14, 2009 7:40 AM | Reply | Permalink
Actually Taplin, you are part of the problem and you should be fired.
You divert attention away from the real issue-which is the control of goevernment by the plutocracy.
April 12, 2009 9:56 PM | Reply | Permalink
argeec-You don't know anything about me. Read my blog from 14 months ago, when I was predicting all of this mess.
http://jontaplin.com/2008/01/02/entering-financial-hell/
I'm tired of all this whining. Anyone who was half awake wouldn't have HAD ANY MONEY in banking stocks 14 months ago. My own personal experience with USC's 401 K let's you move completely out of stocks and into bonds.If people had been paying attention 5 years ago, none of this shit would have happened, because the owners would have thrown out the management years ago for taking too much risk.If people don't "discipline their agent" (broker, union boss, pension fund manager), then nothing's going to change. Of course regulation should get much tougher. I've been saying this for years.
April 12, 2009 10:21 PM | Reply | Permalink
I think you're being unfair here and Jack Bogle would tell you why -- you can't time the market and the pros can't either. People simply don't know when too much risk is being taken. Heck, five years ago, it seemed like a good idea.
You did call it early but, Jonathan, you don't really believe that your one prescient call is something you can repeat, do you? Bill Miller was right for 15 years. He's been wrong for the last three and is hanging onto his career by a thread. I think that's a sad thing, because he's a smart man, but... skill and luck in the markets are almost indistinguishable.
April 12, 2009 11:31 PM | Reply | Permalink
You collectively own Citibank. You just pretend you don't. Jon Taplin
Only because Bernanke and Summers and Geithner (and yes, Obama) compel us to.
Progressives? TR and FDR wouldn't put up with Wall Street's malefactors of great wealth -- but then, they were royalty, not courtiers and sycophants.
April 12, 2009 10:13 PM | Reply | Permalink
Ellen- You don't have any pension assets? You don't own any stock? You owned before the government bought in. You just let it go to hell because your agent had no incentive to police their billions of investments.
April 12, 2009 10:25 PM | Reply | Permalink
I didn't own Citibank (C) and neither did my agents.
But, now I do -- "own" Citigroup, that is. I didn't realize that "Change You Can Believe In" meant new names same old programs. Thanks a lot, Barack.
April 13, 2009 7:03 AM | Reply | Permalink
Mr. Taplin, thank you very much for sharing this information. This exact discussion has been taking place in my circle of friends for some time. Now we have a term--agency investors.
Do you really think that those mutual fund managers who trade frequently have any incentive to think about the risks? It seems to me that these frequent traders have little to no concern about the long-term picture of the company and the risks being taken by that company's management.
April 12, 2009 10:50 PM | Reply | Permalink
From the article, emphasis added:
Apparently you liked Mr. Bogle's diagnosis more than his prescription since you do not mention fiduciary in your post at all. That's too bad because we would all be a lot better off if we recognized that our elected representatives are fiduciaries. We already live in a fiduciary society -- that's why it is called the Public Trust. We've just been lax in enforcing the standard.
Fiduciary is not a user-friendly word and the standard of care outlined above may sound unattainable yet there are numerous everyday relationships that are held legally to that standard:
Trustee/beneficiary
Director/company
Lawyer/client
Partner/partner
Stockbroker/client
Senior employee/company
Doctor/Patient
Parent/Child
Teacher/Student
Surely we should hold our elected representatives to the same legal standard of care we require of parents, teachers, doctors, lawyers, etc.
April 12, 2009 11:00 PM | Reply | Permalink
Emma- This is a really good point. The fiduciary standard must be enforced.
April 12, 2009 11:33 PM | Reply | Permalink
Even a hedge-fund Democrat who does not get preëmptively sick and tired would, I suppose, not be pleased to have "You own these companies, why are you such a passive investor?" addressed to her Uncle Sam as well as to her fellow hedgers.
Nevertheless, how come Field Marshall Th. Geithner von Hindenburg and Quartermaster-General B. Bernanke von Ludendorff have been so passive about the management of all those companies that they (i.e., 'we') have come into so much ownership of lately?
Happy days.
April 13, 2009 10:51 AM | Reply | Permalink
"Quite frankly, I'm sick and tired of the conspiracy theories (" Barack Obama is secretly controlled by Goldman Sachs") that fill the blog pages."
Who thinks it's a secret? If he wasn't controlled by GS alumni and other too similar parties prior to election day, 2008--and that's a very big "if"-- he certainly seems to have allowed himself to be controlled by them since.
So much for the diversity of perspectives touted during that egregiously long and obscenely expensive campaign.
As for C, just kick it out of the S&P, and then most 401K holders won't be forced to own it anymore.
Problem solved.
April 13, 2009 11:50 AM | Reply | Permalink
Yes, many on the left are just anti-capitalist, so they engage in broad generalizations and knee jerk reactions. But I think understanding is the key to fixing (radical, I know). Parts of Wall Street are entirely parasitic, such as the "2 and 20" fees of hedge funds -- syphoning off wealth that could be productively spent elsewhere and not contributing anything other than the lifestyles of hedge fund managers. Other parts are not, and are part of responsible longterm investments. (Vanguard's lowfee index funds are one of the latter)
I think shareholders should have much more say in these companies, but don't under our system. Citibank has lost 90% of its value -- bleeding investors -- yet they have been unable to oust the CEO who oversaw this disaster. The idiot who helped cause this is STILL THERE!
"Why" is a very good question. Is it systematic? Is the game rigged? Do the boards outmaneuver shareholders? Do the shareholders need to organize?
Think about: If shareholders, seeing these disastrous declines, could oust bad management themselves, much of this debacle could have been lessened. Pandit and other toxic failed CEOs would be gone, and new management could set about cleaning up the mess. Why this has not occured is worthy of study.
April 13, 2009 12:28 PM | Reply | Permalink
p.s. The Left's conspiracy theories are relatively mild, at least in this country. Compared to the rightwing extremists we see today ("Obama is coming for your guns!!!" "FEMA concentration camps") they are child's play.
April 13, 2009 12:31 PM | Reply | Permalink
Citigroup CEO Vikram Pandit didn't run the bank into the ditch; Charles Prince, Sandy Weill and Robert Rubin did. New York Times
April 13, 2009 5:09 PM | Reply | Permalink
Interesting link, in that in Dec. 2007, this language is already being used, in the first paragraph:
pummeled by the mortgage crisis and the recent turmoil in the credit markets
Also, as to your point in linking to it, isn't it a bit diluted by the following?
Mr. Rubin lobbied hard for Mr. Pandit...Other directors, however, believed Citigroup needed a seasoned nuts-and-bolts operator.
April 13, 2009 5:43 PM | Reply | Permalink
I'm not arguing that Pandit, a hedge fund manager and academic, is/was the best choice. He was there because Citi bought out his fund and probably, a known quantity and thus, acceptable to da boyz at Citi. Only, that he wasn't the "idiot" who "oversaw this disaster."
The "disaster" was baked in the cake well before Pandit took over. Bear Stearns hedge funds collapsed in July 2007; the LIBOR spread spiked in September. It was only a matter of time before Citi's real condition became known.
April 13, 2009 6:06 PM | Reply | Permalink
I stand corrected.
Pandit was only the idiot who continued to run Citi into the ground since 12/2007.
Share price then: $30. Share price now: $3.
April 14, 2009 9:34 AM | Reply | Permalink
To build an effective fiduciary society, we're going to have to change a century or so of "reasonable man" (ahem) jurisprudence. No trustee or asset manger (OK, revise that to some tiny number) got handed a huge adverse judgment for signing a proxy card in favor of management. Plenty have gotten sued for taking more active roles.
Couple that with the fact that courts decided, way back in the 80s, that you owe just as much fiduciary duty to the twerp who holds your shares or otherwise invests with you for a few hundred milliseconds as you do to someone who holds a position for a year or ten, and you have a huge legal presumption against doing anything that would rock the boat.
April 13, 2009 1:06 PM | Reply | Permalink
Via Minyanville -- two weeks ago Citigroup recommended investors bet against its stock.
The day before Citigroup issued this recommendation this put sold for around 90-93 cents. It closed today at 15 cents for a loss to investors who followed Citigroup's advice of 83 per cent in two weeks!
Ya think Citi bought any of these puts? Break this zombie malefactor up!
April 13, 2009 4:46 PM | Reply | Permalink
Oh -- and Citigroup stock is up 64.5% ($2.31 to $3.80) over those same two weeks.
April 13, 2009 4:52 PM | Reply | Permalink
Comedy gold. You would think the ONLY way Citigroup could make money is to short financials and they can't even do that.
April 14, 2009 9:29 AM | Reply | Permalink