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To: Mike Buckley who wrote (50381)2/15/2002 3:10:38 PM
From: Jacob Snyder   of 54800
 
The Enron witch hunt, and double standards:

The first written legal code was the Code of Hammurabi. They set out a list of specific punishments and fines,for different crimes. But the punishment was different, depending on the social status of the criminal and victim. A noble, or a soldier, got a different punishment, than the same crime done by a commoner.

It seems to me that we have the same differential justice system now, in practice.

If a teenager from the ghetto robs a convenience store, and steals 50$, he will probably do jail time, if he had a gun (even if he didn't use it). If an executive (or Board member, or accountant) gets rich (millions) in a scheme that ends up destroying the life savings (billions) and careers of thousands of other people, he probably won't do jail time. He probably won't have to give up more than a tiny fraction of his ill-gotten gains. I'll bet right now, every decision-maker at Enron who got rich, is busily hiding his money in untraceable foreign accounts. For the rich, educated, and powerful, we feel sympathy. We make excuses. They have many resources available to them, to defend themselves. They can "work the system" in a way the poor teenager can't. They get rehabilitated (the idiot savants who ran LTCM into the ground, are back in business, doing the same thing), a concept that has gone out of fashion when the poor get punished.

When I listen to the excuses made for the Enron Board, it reminds me of the excuses made for President Clinton, when he got caught lying to a Grand Jury. What Clinton did was a felony, and he admitted guilt. If he had been the manager of a McDonalds, he would have been fired. If I had done what he did, (circumstances precisely the same, except I'm not the President) I would have gone to jail.

To me, the question of what the Board members knew, is irrelevant. There are two, and only two, possibilities:
1. They knew, and therefore are criminals.
2. They didn't know, and therefore are incompetent.
Either way, they should not be allowed to continue in similar positions of power and trust, at other companies. If they aren't punished for their mistakes (of omission or commission), then they will, inevitably, repeat those mistakes elsewhere.

Recessions are a good thing, because Creative Accounting only comes to light when times are tough. We haven't had a real recession, one that really hurt, since 1974. We are long, long overdue for a cleansing, purifying witch hunt, where the lax standards and fuzzy morality that built up during Good Times gets punished. If a nation doesn't do this, every few years, you end up like Japan, where bad debts never get written off, bad decisions never get punished, bankrupt companies are not allowed to go under, and nobody is ever held personally responsible. And systemic problems never get solved.

It seems to me, the more power a person has, the higher a standard we should hold them to. Yet we seem to do it exactly the opposite. The more damage a person does, the easier we are on him.

JS@closetcommunist.com

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To: carranza2 who wrote (50393)2/15/2002 4:36:17 PM
From: tekboy   of 54800
 
then I'd judge him too stupid to be worthy of a board spot...

tb/A@Izeenothing,Ihearnothing.com

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To: Uncle Frank who wrote (50396)2/15/2002 5:30:09 PM
From: hokieharry   of 54800
 
A new motto has been proposed for the Olympic Movement:
Drug tests for athletes, lie detector tests for judges.


Or perhaps, sign a financial statment after the events take place.....

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To: tekboy who wrote (50398)2/15/2002 11:05:25 PM
From: JohnG   of 54800
 
Possibly the only BLACK QCOM Director and the Trustees' Chairman of Howard University, Frank Savage's Enron connection may present a special challenge to Dr. Irwin Jacobs. Also, the man is now heading up Africa Fund, which aims at investing in Sub Sahara Africa. You can't just toss a guy like this out with yesterday's bathwater.

I guess my whole view of this situation has changed and I have moved somewhat toward Dr. Jacobs stated position.

founders.howard.edu 

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To: JohnG who wrote (50400)2/15/2002 11:55:13 PM
From: Uncle Frank   of 54800
 
Are you identifying him as an untouchable?

uf

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To: Jacob Snyder who wrote (50377)2/16/2002 4:20:39 AM
From: techreports   of 54800
 
The recent earnings report from CSCO, indicates their business is doing much better than their overall market, indicating they are growing market share. Last September/October, I had thought that Cisco's business wouldn't turn around until 2003 (or even 2004), so I would wait for a lower stock price. But the turning-point seems to be already happening, in spite of the fact that corporate IT budgets are overall flat (2001 to 2002), and telecom equip capex is likely down again in 2002. For the last 3 quarters, CSCO sales are up (4.3,4.4, 4.8B), and gross margins are up (52% to 54% to 57%).

Gross margins are up, but I think they said they don't expect them to continue to move up. Cisco sold some of that inventory they wrote off, which they can't do again to help earnings and margins. Cisco, while they compete in the telecom carrier market, I would think most of their revenue and profits come from selling products to the enterprise. Even if you increase the current estimate for 2002 ($.32) by 50% to $.48, you still get a PE of 35.4 at $17 per share.

30% growth for a 20 billion dollar a year corporation is not very likely over the long term. As things stabilize and rebound, Cisco could enjoy 30 or 40% growth for the next year or so. Intel, for about 15 years, was able to do about 22% earnings growth. Just to give you an idea.

As for Cisco taking share from Juniper is still quite questionable. Cisco probably combines it's sales to the enterprise as well as to carriers. Juniper had more new age carriers, which are going bankrupt which effects Juniper more than Cisco. So not necessarily Cisco taking share. Some feel that these are two totally different markets. Cisco's gorillaness in the enterprise does not mean they'll dominate the carrier market. I'm not an engineer, nor do I work for a telecom carrier so I can't agree or refute this theory.

Lastly, Cisco has improved their sales. You can't really fake this like you can with earnings (it's much easier with earnings anyhow). Although, is this really a turning-point or just the end of the flood of used equipment put up for sale by companies going bankrupt? Hmm..I think you can take this as the end of the slide. Whether a rebound is in order is another question. If we get that so called second half recovery, then Cisco should see good revenue growth.

Make no mistake about it, this was one of the worst times in technology, yet Cisco still receives a price-to-sales ratio of 7? I guess the market is saying this company will win and is no Lucent or Nortel.

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To: Jacob Snyder who wrote (50397)2/16/2002 5:21:42 AM
From: techreports   of 54800
 
Recessions are a good thing, because Creative Accounting only comes to light when times are tough. We haven't had a real recession, one that really hurt, since 1974. We are long, long overdue for a cleansing, purifying witch hunt, where the lax standards and fuzzy morality that built up during Good Times gets punished. If a nation doesn't do this, every few years, you end up like Japan, where bad debts never get written off, bad decisions never get punished, bankrupt companies are not allowed to go under, and nobody is ever held personally responsible. And systemic problems never get solved.

God, if Japan ever fixes their problems, I think they would be setting themselves up for a long bull market. We're talking 15% saving rate and less than 2% of Japanese invested in stocks. That's a lot of ammunition for the world's second biggest economy.

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To: Uncle Frank who wrote (50401)2/16/2002 6:17:03 AM
From: JohnG   of 54800
 
Franq. On Strong as a QCOM Director. Four thoughts. First, I doubt if Congress will ever treat him to the indignities that it laid on Mr Lay. This guy seems to have ligitimate respect in the intelectual and business community. If Jessee Jackson, who often seems like an ambilance chaser gets away with his mode of operation, Strong will likely be spared.

Second, having been only a 2 year Enron board member, he had less time to discover the underlying dishonesty. Thus, a case can be made that he is not inept, but simply a victom of Enron prople trying to use him.

Third, as head of a $450, million Africa investment fund which will likely grow, he has a unique opportunity to facilitate the implementation of modern CDMA telecomunications in any part of Africa that can support it -- say using the India WLL model with 1X diversity antenna phones and cheap 6000 ZIF phones.

Fourth, as trustee's Chairman of Howard University, and a leading successful US Business man, any elements of guilt by association will simply fail to stick and backfire on the accusers doing QCOM little damage.

Thus, the arguement that keeping Mr Strong on the board will damage QCOM is questionable.

However, the argurment that kicking Mr Strong off when there is specific no evidenct of personal wrongdoing and only slight evidence of incompetence, will injure QCOM has considerable merrit -- especially if Mr. Strong has been contributing mightily to the QCOM Board. I think that even various pension fund managers may reach this conclusion.

All this seems to be clearly boh likely and plausable to me. It is up to someone close to the situation to evaluate the correctness of this arguement in light of their detailed knowledge of the situation. If I had realized prior to mailing in my proxy that Strong was an Enron Director, I would not have voted for him, but doing so might have been a mistake on my part.

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To: Jacob Snyder who wrote (50397)2/16/2002 9:46:05 AM
From: LowProle   of 54800
 
For the rich, educated, and powerful, we feel sympathy. We make excuses

So true. And in case anybody wonders why:

as head of a $450, million Africa investment fund which will likely grow, he has a unique opportunity to facilitate the implementation of modern CDMA telecomunications in any part of Africa that can support it -- say using the India WLL model with 1X diversity antenna phones and cheap 6000 ZIF phones

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To: Uncle Frank who wrote (50396)2/16/2002 11:12:23 AM
From: stockman_scott   of 54800
 
Behind Global Crossing's failure

From Knowledge@Wharton
Special to CNET News.com
February 16, 2002, 6:00 AM PT

It seemed like a no-brainer at the time: As more people surfed the information superhighway, demand for bandwidth would skyrocket, companies would send and receive ever larger amounts of data, consumers would watch feature-length movies with a click of the mouse, and everyone would have a sudden yearning for streaming audio at all hours of the day.
Naturally, any company that built infrastructure to support that kind of data transmission would be hailed as the great enabler, the all-powerful provider of transport nirvana. From a technology standpoint, optical networking seemed to be the perfect way to realize this vision.

Simply put, these networks transmit data as light through specially made glass fibers. Surrounded by protective cabling, bundles of these fibers can be laid under water to connect distant continents, allowing high-speed traffic to zip back and forth with ease. Anyone needing bandwidth for their operations could pay for access to the network.

That's what Gary Winnick was banking on when he founded Global Crossing in 1997. Laying fiber and selling its use to large companies, telephone giants and Internet service providers seemed a slam-dunk business model. As reported in The New York Times, many high-profile investors, including former President George Bush and Democratic National Committee Chairman Terry McAuliffe, agreed. Other companies jumped on the bandwagon as well, moving quickly to pursue their own submarine strategies. After all, the market for such services, just like the Internet itself, seemed to have no limits.

Reality, however, has been quite different. Five years after it began, Global Crossing was forced to admit that its goals were too ambitious: The company's network links more than 200 major cities in 27 countries, but because it couldn't secure enough customers to make all that bandwidth pay off, it was never profitable.

With $12.5 billion in debts, the company filed for bankruptcy Jan. 28 and commenced a restructuring process with the understanding that two Asian companies--Hutchison Whampoa and Singapore Technologies Telemedia--would chip in $750 million for a controlling stake. The process may be far from smooth, however; both the SEC and FBI have reportedly launched investigations into the possible artificial inflation of revenue by Global Crossing and other companies it may have dealt with.

What went wrong? According to several experts, Global Crossing's woes are largely representative of an industrywide problem.

"Accounting doesn't sink a company," noted Gerald Faulhaber, professor of management and public policy at Wharton. "Accounting that tries to cover up bad business sinks a company. Everyone overestimated the demand for these networks. There was a general presumption that the Internet was doubling every three months.

"People were building fibers believing that was the right forecast," he added. "Plus, they were dumping it wherever it was cheap to dump it--not where it would actually get traffic. There's a ton of fiber under the North Atlantic now. Everyone was getting into the long-haul, transatlantic part, but no one was doing the distribution network, because that's more expensive."

Tim Meyer, CEO of Crisp Wireless and former chief technology officer at Ericsson Mobile Internet Solutions, agrees.

"When I was at Ericsson, we were asking companies like AT&T what they saw themselves doing in the future," he said. "They said they would be selling slices of optical bandwidth--selling wavelength to other resellers. The idea of a carrier's carrier had come about because companies like Global Crossing realized that some of their assets were unique--such as the ships that laid undersea cable. It was pretty sophisticated stuff, clearly beyond the scope of the regular telecom companies who know only how to dig trenches by the roadside.

"Telecoms should have known better than to believe in all the dot-com hype of demand," Meyer said. "But they bought into it. In reality, Napster might have been the most interesting thing you needed bandwidth for, at least in the near term. And look where that is now."

Martin T. McCue--a telecommunications consultant and former senior vice president and general counsel for Frontier, which was acquired by Global Crossing in 1999--had this to add: "The immediate potential of the Internet and the impact of the 1996 Telecommunications Act were overstated, and plenty of money chased speculative opportunities. The dot-com crashes reduced the number of big customers for transport services. Smaller carriers failed first because they worked at the margins of competitiveness, leading to domino effects on some larger carriers."

Will there be demand in the future for the scale of the network built by Global Crossing? "It really is up to the consumers," Meyer said. "It depends on whether people accept the price points for the services that use such capacity. But market forces have yet to come to the point where you'll see such a demand uptick."

McCue believes the industry has some tough times ahead. "A number of well-known firms are not going to survive as they currently are, because there is a lot of supply chasing too little revenue, taking into account demand and declining prices," he said. "Some wire-based competitive local exchange carriers (CLECs) out there can't do what they promised to do when they took on debt. They can't sell their assets to anyone else because they overvalued them to borrow more money in the first place, capitalizing labor and things that aren't really hard assets.

"Some CLECs might actually have covenants requiring them to pay money to their debt holders to cover shortfalls between sales prices and the valuations established to borrow," he added. "That house of cards is unsustainable and is a recipe for a downward spiral for some of them."

When it shakes out, "probably over the next 12 months," McCue projects that "somebody is going to be able to own local, long-distance, international and Internet transport assets for pennies on the investment dollar; there will be a consolidation, and then the market will right itself. But there will be a whole new crop of investors that make out there."

The dark horse in the telecom race, of course, is the growing use of wireless technology. "Unlike Europe and other parts of the world, the U.S. has long been fixated on landlines. But eventually, wireless certainly has the potential to surpass landline usage," Meyer said. "One could imagine that in 10 years, everyone will have a third-generation (3G) wireless phone, and the whole infrastructure will revolve around these fancy devices."

McCue has a similar take on the issue. "I am more and more impressed with the future impact of wireless. It is expensive to remain a player in that niche, however, and there are going to be two or three more technology upgrades before any of these players know what market share they'll end up with," he said. "The recent calling plans suggest that there will be increasing cross-elasticity effects on the long-distance and wired local businesses. It may not pay to be the sixth competitor in a market--but maybe a national player can do OK as the third or fourth."

All materials copyright © 2002 of the Wharton School of the University of Pennsylvania.

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