Calling H1 Visa Applicants - be a doctor in America

The Wall Street Journal reported that we are going to run short of doctors and the medical schools can't keep up. Due to the new legislation the medical schools are not able to turn out enough doctors, and most are choosing specialties due to higher reimbursement from the insurance companies. Specialties provide much needed revenue for the doctor starting off with usually over $100,000 in debt. A solution is to bring doctors in from around the world using the H1 visa. All the H1 Visa doctor must do is pass medical school in India, Batswana, or Mexico and then residence here in the US for 2 years. Heck, they have been doing this at the VA hospitals for years, and we have seen what excellent care our Veterans have received. But what do we do to solve this crisis? Yes another crisis. We update the law of course. We have already added incentives to go to medical school and for primary care physicians they receive a 10 percent bonus for seeing Medicare patients. We will spend tax money and give bonuses for number of patients seen, or we will pay for someone to become a general physician. Give the past success with Medicare, it makes you wonder why around 13 percent of doctors are refusing Medicare patients? With all of this incentives it just doesn't make sense.

Of course the fact that the amount of paperwork, incomprehensible regulations, and bureaucratic oversight to diagnosis and treatment would have no influence on the doctors decisions. That's ok. We will be able to find doctors who are more interested in conforming to these new regulations than treating patients. Those who are interesting in helping others will be better suited elsewhere like Batswana. At least when the patient dies we will have a well documented record of the attempt at a diagnosis, a list of the suggested tests that were denied, and the standard substandard treatments that were tried and failed. But it is really not their fault they did everything they could. We have examples of this in Europe, China and in the DMV. Very nice people who have become serfs. At work they cease to think for themselves or take initiative because they are either punished for violating procedures, or derided for thinking they are better than others. Having worked with multiple government agencies, I have found this to be true. Many of these individuals are very hard working, and have good ideas, but will not follow them because they understand the results. Given the current health care bill and the belief that a centralized system is the best way to handle our problems, let us explore the results.

Patient has an acute pain in the right side of their stomach on Friday morning. Our patient (Ms. Smith) calls the central scheduling office, who asks the standard scripted questions, to determine the appropriate doctor for our patient to see. After a 15 minute hold and another 10 minutes providing identification, so that the scheduler can access Ms. Smith's records to verify the supplemental insurance information she has paid to receive, the scheduler then begins the questions to determine the appropriate course of action. "Do you have a fever?", "Yes?" "Are you on any other medication than the ones I have just listed?", "Do you smoke?". "Thank you Ms. Smith", I can get you into Dr. Smeagol on Monday at 8am will that work for you.

Given that our patient is in extreme pain they ask to speak to the nurse practitioner, for a recommendation to visit the Urgent Care facility. "Of course ma'am, one moment please." Since we are experiencing a hirer than usual call volume your hold time is estimated to be 20 minutes. Twenty something minutes later the nurse practitioner, comes on-line and asks the same set of questions, "to insure quality care", and authorizes Ms. Smith to go to the Urgent care. Once at the Urgent Care facility, completing 3 sets of information and treatment authorization forms, government insurance authorization numbers, and spending 4 hours in the waiting room, they are moved to the examining room for the last hour wait to see the doctor. The resident who has been up for 14 hours and speaks pretty good English, tells Ms. Smith that she has appendicitis and she should go to the emergency room right away. He also says he will get the emergency authorization number from the Federal authorization line as soon as possible. Do to the higher than expected call volume, it takes about 30 minutes to obtain the emergency room authorization. (if this were a real emergency they would have called a special number for that authorization). See if the doctors treat without authorization they may not get paid and they waive their exemption from lawsuits. Ms. Smith authorization in hand heads to the emergency room. Once there she enters her name on a list and is soon called to provide her authorization and personal information. This is all verified and she is entered onto the schedule to be admitted. Now the pain in her stomach as really increased, and she is shaking quietly due to the fever. She is offered two Tylenol as the standard approved pain and fever control medication. Five hours later (because we have a doctor crisis), she is admitted. The nurse takes her blood pressure, temperature (yes it is 102), and pulse. The nurse dutifully notes these numbers on the emergency patient form. It is now late evening and the emergency room physician determines that Ms. Smith is suffering from acute appendicitis and needs surgery. He calls for authorization to perform the procedure (because it might be unwarranted), and requests for authorization for extended hours compensation since he must bring the surgeon in after hours. The on-call surgeon is then called. An IV is started to hydrate Ms. Smith. Because the authorization panel for the surgery grants a temporary authorization until it can review the case on Monday. No one foresees any issues. Ms. Smith receives her appendectomy Saturday afternoon, and leaves the hospital Sunday Morning (her supplemental insurance only covers one day in the hospital) to recuperate at home. This is the optimistic view. Ms. Smith was able to get surgery on a weekend and her appendix did not rupture, or any of the hundreds of other little things go wrong. I tried to focus on success in the scenario above. Somehow this seems ok and efficient to some.

This scenario is really not that far off. In fact it is easier than what some Medicare patients go through today. What is frustrating is that we have become so conditioned to the current state that is difficult to imagine that our grand-parents often had no insurance, lived saw doctors and received excellent health care. Of course it was simpler then, doctors didn't cost so much. Really? Or was it that we didn't use insurance as a prepaid health care card, and that medical schools were not as expensive, and when you didn't sue the doctor for your child having a cleft pallet. The fact that everyone will now see your private health information from the scheduler to the nurse practitioner. This was an example of a medical emergency, what about the headache that won't go away, and the doctor orders an unnecessary MRI because your are under a lot of stress. Why is it that a government board can make decisions for you, but you can't make them for yourself, based on your ability to pay and what is happening. If the headaches are very bad, and you don't feel they are just stress, then you and your doctor should make the choice whether it is a necessary test or not. Who are these people to make choices for us? Why do so many think that this is a better way to live? These issues are not government problems they are a society's view of the world. We will pay the price for all of these things, because we are not willing to think for ourselves, make critical judgments or make choices that may be painful. Until we change as a people we will have exactly what we deserve. Good intentions do not matter, only good actions. Good actions can only come from correct thinking and the courage to act.

Change Management and the house that Jack built

Most of us are familiar with the Mother Goose rhyme “the house that Jack built”. What I love about this rhyme is that it shows us the cause and effect of small things. In business we are often building something if not houses, and all of those things have things that happen in and around them. Has anyone noticed that we often have not just one rat that eats the malt? We also seem to have a lot of cats that we are trying to herd into chasing the rats. The problem is not necessarily the rats or the cats, but the fact that we are not focused on the root of the problem. The malt. Why didn’t someone pick it up? Where was Jack? Like most of us he got busy, building a new house, maybe chasing squirrels or just on vacation. Regardless, by not taking care of the clutter in the house he has a rat problem.

We all have rat problems in our personal and business lives, and why we are constantly looking for or trying to herd cats to solve the rat problem. What we have though is a malt problem. Have you ever noticed that “Change Management” is rarely taken up by consultants?

Do you know why? Cost? Nope. Too hard? Closer. In order to do this right the person or organization must want to change. Look at the show “Biggest Loser” focused on people who have been out of control in one or many aspects of their lives and retrain to restore balance. Change Management are the words we use to describe something that we should be doing every day. Changing how we do business to meet new challenges. What has been successful in the past will not necessarily be successful in the future. The only things that can stand the test of time are our morals and values. These are continually tested and we often think of them changing but what often is the case is our inability to live up to them. Values such as trustworthiness, loyalty, being helpful, courtesy, kindness, obedient, thrifty, bravery, and reverence seem to be missing in our everyday lives. If we adhered to values then managing change becomes much less complicated. If you look carefully the people have forgotten to follow these basic values. They cannot trust themselves around food. In the business world it is short term gains. They stopped being helpful and were selfishly feeding their pain rather than facing it. They stopped being kind to themselves and were not brave enough to carry through. Luckily they have found a trainer.

Many organizations need trainers like those on biggest loser. Bob the spiritualist and Jillian the bully to get them moving. Both are necessary for true change to occur. Internally we must bully ourselves into doing things that are not comfortable, but need doing and to push ourselves beyond what we think is possible. Nothing is impossible it just requires will, and often help. I have been involved with many projects that have been divided into consultants implementing the technology and management responsible for “change management”. After many years of working with this model, I am certain that management was looking to solve a series of problems with the little blue pill. Inevitably it did not yield the results advertised or expected. Why, because there is no pill that will solve the problems, nor a piece of software that is a solution. The solution is in the application of the software, much like the treadmill, it is only good when used often and properly. We can make all the excuses and listen to all of the infomercials we can handle. Nothing will make the treadmill work unless you use it. ERP will not help your company unless you change processes and properly come to understand the capabilities of the tools at hand. We have created some amazing tools. It is time we start to learn to use them.

Why do we turn to the Government for help?

I recently received a call from a "concerned citizen" talking about how her child was diagnosed with Autism and that she had contacted her congressman for help. I am sorry for her situation, but the first thing that lept to my mind was "why?". Why would you call a congressman or senator for help on a personal matter? Given the track record of our representatives, I think we all understand that he needed the photo op. I would have been more impressed if he had helped this person as an individual rather than spend money that wasn't his so there was no cost to him. I am sure I will receive mail asking why I don't care about autistic children. I do, but this is not about autistic children. It is about a systemic and cultural challenge that we face not only in this country but in board rooms and in our personal lives. We all want the bailout. Why didn't this person go to her church or community before going to her United States representative? Given all of the examples and historical information regardless of party in charge, why would anyone ask the government for help? Oh, yeah it's the money.

What are we thinking?

According to the Government Accountability Office (GAO) study (I wonder how much that cost) the "stimulus" has been bogged down in a bureaucratic morass. "As of February 12, 2010, $88.7 billion, or a little more than 30 percent, of the approximately $282 billion of total Recovery Act funds for programs administered by states and localities had been paid out by the federal government. Of that amount, approximately $36 billion has been paid out since the start of federal fiscal year 2010." To put things in perspective, the Stimulus package was enacted on February 13, 2009, Fiscal Year 2010 begins October 1, 2009. We are now into the third quarter of the 2010 fiscal year with little result. Economists are reporting that the stimulus bill has little or no effect. So we have authorized over 716 billion in funds and what do we have to show, a website that provides information that has yet to be substantiated by any reputable group including the GAO, and the government run around. How many people understand the process or criteria for obtaining funding? Not many as we hear in this audio clip. How many corporate groups behaved in the same way. Companies too big to fail, yet when we hear the news coming out about Goldman Sachs we begin to see the ability of large organizations to manipulate other large organizations. What we learn from this is the fact that people will follow the rules, the question is what rules are we following? This is true for any large organization. People are trying to get along find their way and the rules can be used both for or against you. Apple one of the most innovative companies has a general rule, "do what Steve Jobs says". He is an innovator, what is not certain is whether he has been able to "institutionalize" that spirit and ability to innovate. Microsoft has suffered significantly since Bill Gates has left. The leadership has not been able to capture the spirit of its founder. Business schools are filled with case studies on how to build a culture that innovates, few have succeeded. So how does this affect our government?

We the people need to be innovators, and transform how we view the role of government, business and ourselves. We must first determine what we want. Most people don't know what they want for breakfast, and while they would like to be the hero, it takes work, blood sweat and tears. Most of us may be too comfortable for that. The audio clip tells us the story of what we will become. The content of our character will be the person not wanting to work but standing in line for a handout. Rather than building something, we will wait for something to be handed to us. That is the result of social justice or socialism taken to its logical conclusion. We can look to Russia and China as examples of our future. If we are not careful, Cuba will be our legacy. In the business world, all we need to do is look to the Automotive industry as an example of this type of thinking. India will replace us as the new world leader. We must make choices and like all choices they have consequences.

The 16th Amendment Approaches

Section 9 of the Constitution of the United States of America places limits on Congressional powers. The original document stated "No capitation, or other direct, Tax shall be laid, unless in Proportion to theCensus or Enumeration herein before directed to be taken.", limiting the ability of the Federal government to directly tax individuals. The 16th amendment passed in 1913 completely reversed the original intent of the founders and has ushered us into the era we currently reside. The 16th Amendment states "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." This seemingly innocent sentence allows Congress to write tax law in any way they deem fit, as we have witnessed over the last 97 years. The really interesting thing about our "progressive" income tax is that it punishes success, and is used to drive "desirable" social behaviors such as home ownership. Why do most of us own homes? Answer: The tax break. Why? Because a populous that has invested in the land is less likely to leave and as Ronald Regan put it "vote with your feet". They won't leave the Socialist Republic of California if they have significant investments and ties to the property. Fluid populations are harder to control, case in point Mexico.

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The 16th amendment is probably the single most important amendment to our everyday lives, and as April 15th approaches we must ask ourselves why do we look to the government to provide for us? Until 1934 people survived without social security and medicare. In fact, rural doctors were more plentiful than they are today. Why? Has socializing the banks, medicine, and manufacturing really helped us? Really? Where do we go from here? Well there will be a study and it will be someone else's fault because they really don't know what they are doing right? If that is true, then why do we continue to listen and put faith in them? We the people can change the Constitution of the United States by a 3/4 majority of the state legislatures. Remove the 16th Amendment (we did it with prohibition), and return our tax policy to pre 1913, where taxation was based upon commerce. We will have to stop government "entitlements". You know, "somebody owes me something". Do we realize that the reason we think that way is because the government has taken so much there is not enough left, so we have to go beg to get it back. They owe it to me, would not be possible, if "they" did not take it in the first place. April 15th is just the day our taxes are collected, for most Americans they are not paid until June 15th. This will extend into September or even October with current spending and deficit (a nice way to say debt). We owe more than we produce. Soon our interest payments will exceed our operating budget and we will be insolvent. I know many people will say I am crazy and it will never happen. Really? Let's put it in context. You make $100 per month. Your Operating expenses (the government's budget) is $65 per month, debt payments are $25 per month (making the minimum monthly payment) and our income has been reduced due to unemployment by $10. What does that leave us at the end of the month? Correct. ZERO. Now, we want the new doctor plan, and the washer is getting old and falling apart. How are we going to pay for that? Yup add more debt right? That raises the minimum monthly payment to 35 per month and we are now in the hole by $10 per month. How long until the repo man shows up?

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People get themselves into this position every day. Our government has placed us all in this position. We are leaving a legacy of greed, sloth, and indulgence. It is not capitalism that has done this. It is socialism in the name of the greater good. Evil masks itself as good. Good intentions pave the way to where we are headed. I truly believe that no one has intended to do harm, but harm we are doing. I believe that people want to help others, but is this emotion that has lead down the wrong path. Understand, I want to help others, but I must first understand that I am fallible and should only help to the extent I am able. By sacrificing myself, I will cause harm by not being able to help in the future. I must manage my life. It is my life, and if I do not manage myself, then what good will I be to others? Just because we have allowed this to happen, does not mean we must allow it to continue. Ask yourself.

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Is this the legacy we leave our children? Is this really the best we can do? I choose to have faith and reason that others will find the will with me, and we will not leave this as our legacy to our children. I believe we will find a way to put a halt to the travesty of current legacy and become once again the beacon on the hill, signaling freedom and opportunity for all who embrace it.

Mortgage Program Indicative of Future

There is trouble right here in river city. The mortgage program is not working. Does this surprise anyone? If it does, or if you just don't want to believe that something promised was not delivered, I suggest that therapy is in order. Those who have faith in this the government today are delusional. The persistent belief in something despite overwhelming evidence to the contrary. Orwell talked about this with 1984, he was just 26 years off. One plus one equals two. The President promised "help" for those struggling with making their mortgages, or who are in foreclosure. The problem is there is no incentive for the bank or ledger to follow his lead. Why should they? The article in MarketWatch telling us "Mortgage-modification program has major flaws" is really only telling those who have been denying the truth and wanting to believe that there was actual help out there. It is so bad that even Disney owned ABC news did a segment on it.

We funded the program with billions, and so far 31,000 people have been helped. What an exceptional use of funds. If you did not recognize that, it was sarcasm. The mortgage modification program like "Cash for Clunkers" and all of the others, are based upon fantasy and lies. I am sure the intentions were good, but as usually the mechanism is flawed. This is why 3/4 of this country oppose the healthcare legislation. Again look to the VA who is being "fined" for over radiating vets who are suffering with cancer, and the abuses continue. Does anyone realistically believe that this type of care will not expand? Where are the consequences for bad behavior? If you default on your mortgage, the government will help you out. Because it is your fault. We have a new host of "rights" like healthcare, education, a free lunch.. But where are these rights coming from? Our constitution says we already had all the rights available, the government was the one that was restricted. Any "right" granted by a government historically has been restricted to the ruling class. Everyone else just doesn't need the same rights, even though we are all equal.

The fact that our congress has to be flooded with protestors, email and phone campaigns is telling as to who are the servants and who believe they are the masters. Do not fool yourself into believing that this is not socialism. We abandoned the free market in 1908, and have been slowing indoctrinated to believe that this is capitalism. It isn't. This is the entry into socialism and to our freedom and liberty disappearing. The mortgage program was a lie to get people to feel better, not solve a problem. The only good news is that when hyper inflation hits, you salary will be 1,000,000 per hour and your current mortgage should be able to be paid off quickly. Unless the government allows for your rates to be adjusted for inflation...

The Sound of Freedom Disappearing

This is what it looks like when your freedom and choices disappear. For the last 100 years we have been moving steadily to a socialist state. Congratulations we have made it. We did not do this with a yes/no vote. We didn’t need to. We did this based on electing “nice” guys, who wouldn’t hurt us. He was really nice and seemed to really listen. Really? Congratulations, we have allowed the “me” generation to complete the first step to a socialist state. By the way that is why it is called socialized medicine. Congratulations. We watched bribes to senators from Nebraska, Louisiana, and I am sure a number of other states. Why aren’t these officials in prison? The deal making wasn’t even subtle. I am sorry for this country. I am sorry for my children and grandchildren who will live in a country bereft of values and will only know a country where the citizens are servants of the state. I know many will dismiss this as fear mongering, or just an uninformed opinion. My mother taught me history and how to separate hearsay from facts. The people who say this is too complex to understand are those who have not taken the time to understand what is being done to us. This piece of legislation now allows the government to make decisions about what we eat (must be low fat), do we smoke, or what tests are run to figure out what is wrong with us. Remember when the rallying cry was that the government cannot tell a woman what to do with their bodies? They can now. They will fund abortion because it removes potential costs from the system. Taxes for seniors people over 65 are going up. They are raising the deductible for taxes to 10% from 7.5% for those over 65.

In the case of any taxable year beginning after December 31, 2012, and ending before January 1, 2017, subsection (a) shall be applied with respect to a taxpayer by substituting ‘7.5 percent’ for ‘10 percent’ if such taxpayer or such taxpayer’s spouse has attained age 65 before the close of such taxable year.’’.(c) CONFORMING AMENDMENT.—Section 56(b)(1)(B) of the Internal Revenue Code of 1986 is amended by striking ‘‘by substituting ‘10 percent’ for ‘7.5 percent’ ’’ and inserting ‘‘without regard to subsection (f) of such section’’.

They will limit care to the elderly and restrict care to patients due to costs, all in the name of doing the “fiscally” responsible thing. What I say here if read will be dismissed as just a radical conservative who doesn’t care about the uninsured who will now have access to care. The fact is that what they are shoveling is a lie based upon emotional key words, not upon facts. I have read the various copies. These all give the government control over education, healthcare decisions (you and your doctor don’t count). You have to read and think thought the implications of many of the bill’s provisions. You see the executive summary is designed to cover what is actually there. This is not the end, but the beginning of our total transformation. I hope you are ready to enjoy it.

Do not worry yourself. The socialists are now in control, and if you do not think so, then you are delusional. I am ashamed that we cannot even recognize this fact. My father wants me to play it safe, and not speak out. While this blog may only bring me sorrow, so be it. I can no longer remain silent, or civil. I will not play that game anymore. The reason we are here is that we have allowed ourselves to censor what we say because someone maybe uncomfortable. Our president and much of the congress are socialists. They will argue that they are progressives (same thing). Wolves in sheep’s clothing. They took this vote on the Sabbath. For a country that is 80 percent Christian this seems to be very telling that our elected officials (many profess Christian faith) are working. If you do not believe that this was calculated, and to send a message that we are now a secular country, again you are not a reasonable person. Offended? Me too. I am sorry that I did not speak out sooner. I am sorry I did not become more active. This is only the beginning. I find it fascinating that President Bush took 8 years to add 4 trillion in debt to this country and this president has been about to do that in less than a year. I would say he is much more efficient at destroying our currency and preparing us for a truly socialist state, when the over regulated, semi-socialist system that we currently have will be called the collapse of a corrupt capitalist state. The truth will set you free, but only if you recognize it. The best lies are mostly true, with just enough to corrupt. Welcome to the country now based on lies.

Harry Reid

Harry Reid has created a fire storm of criticism by declaring that those who do not support health care reform are supporting slavery. Don't believe me? check it out. It is interesting that he hasn't checked on the definition of slavery lately. Slavery as defined in the Merriam Webster dictionary is "submission to a dominating influence or the state of a person who is a chattel of another person or group." What I find interesting is that many of the provisions in the health care "reform" bills will establish what many consider a dominating influence of our government over the state of a person. Many view the provision that you could be put in prison for lack of insurance, or fined by a tax levy to be a dominating influence by our government. Most people do not understand that a tax levy can freeze all of your assets and take all of your paycheck or income until the total debt is paid. Does this mean we will be enslaved by our government that we elected? This remark demonstrates the lack of a real education that we as a country have been missing. Rather than ideologies being discussed we are looking to "neutralize" the internet, through net neutrality legislation, thus controlling our ability to express ourselves either in both eloquent and vulgar fashions. The wonderful thing about this country has always been the right to make a public ass of yourself. Harry Reid, in this case, being a prime example. I do not think he should have to apologize for his remarks. He obviously believes in what he is saying. However, I do believe that those who voted for him should take a long look at the person for whom they voted, and the policies and the real effects of what he is trying to do in the Senate. Not just Mr. Reid, but all of our elected officials. We as a people need to take off the rose colored glasses and instead of wishful thinking begin to hold not only our officials, but ourselves accountable.

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There is only one group responsible for this mess, and it is not the democrats, or the republicans, but the American people for not holding these parties accountable rather than reelecting the same people. Albert Einstein said it best "The definition of insanity is doing the same thing over and over and expecting different results." What do we expect? That by rewarding bad behavior we will get a good result. They are all nice people, but without understanding. By bailing out people who cannot make their mortgages, and not helping those who are is rewarding bad behavior. By electing government officials because they promise money from the government demonstrates that we do not understand that they are promising to take the money from us and just give it back at a 40 percent discount. Hand your senator a dollar and he gives you back 60 cents. What about this seems to be a good idea. He even hires accountants to make sure you have all of your 60 cents.

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Slavery is real throughout the world in both economic and terms of how people live their lives. Unfortunately, Mr. Reid got it backwards.

Lehigh Pub in Bethlehem, Pa.--Couple arrested for not paying tip

I knew the folks in Pennsylvania leaned to the socialist side, but this seems to be way too far across the pond. I would expect this in Europe, but in America? A couple spent over an hour waiting for the food, had to get their own napkins and silverware, paid for the food, but did not leave a tip. They were arrested. Why? They had a party of six and the “gratuity” was included. Now, most of us do not have an issue paying a gratuity especially for “large” groups. However, what is implicit is the duty of the establishment to provide a base of service commiserate with the standard service of the restaurant. A “gratuity” is just that, a bonus for a job well done. Regardless of a pre-calculated convenience for both the patron and the establishment, if not earned, the tip should not be paid. Now I know that there are cheap skates in the world, and someone will always try to take advantage of the situation. However, most people are honest hard working individuals that like to see other hard working individuals get ahead. Waiting tables is tough, but that is also why it can be rewarding to those who do an exceptional job. My niece waits tables through school, because she can make more there than sitting behind the desk. The hours are long, and she is tired when she is done, but she is also doing well because she takes care of her customers. Why do we think that there cannot be consequences for our actions? In this case the establishment was busy. Good for them. They did not serve this particular group of customers well at all. Shame on them, and the consequence should be that there is no tip (which is above and beyond the actual cost of the meal).

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It is interesting that it was the couple that was arrested rather than the owner for wasting police time. While the amount may have been printed on the bill, it was not part of the meal. The only good news is the article named the restaurant. I think that is one I will avoid in the future.

Attention Blue-light Shoppers

“There’s no way we are ever going to make money at this”.. The two men charged with insider trading at Bear Stearns we acquitted due to lack of evidence. It is interesting that the most honest quote of the entire sub-prime fiasco was contained in a short email that did not provide sufficient evidence that these two men were trying to manipulate the market. They weren’t, and they couldn’t. What the hedge fund was trying to do was contain the damage and keep the bank afloat from the really poor decisions of those who had determined to get into the sub-prime business in the first place. We can’t blame the executives really. They are measured on how much money they generate for the bank, and in the short run sub-prime loans generated a lot of money. They got creative, they sharpened their pencils, to make a silk purse from a sow’s ear. But no matter how you polish it, when you start with droppings all you end up with are shiny droppings. Myth busters proved that you can get a shiny dung dropping with enough work. Scary. I digress. Back to sub-prime loans. The whole industry was desperate, the housing market could not sustain the growth and they needed additional revenue to continue, so they banks who had lent developers significant sums of money, decided to protect that bad investment with more of the same, by allowing people to gain access to overpriced homes and finding creative ways to get around the credit requirements. Very cool. I myself benefited from this creativity, and I am also currently paying the price for not paying enough attention to what I was doing. Heck at the time everyone was doing it, and we were all convinced that as long as things continued we would all be fine. That is a true statement. We would all be fine as long as things continued to rise. However, like our government we all made the simple mistake of not thinking, and just hoping for the best. Everyone regardless of education, intelligence, or savvy can be taken in based on information that seems right, but only under even minor scrutiny falls apart. We all trusted, but we did not verify. These two men were at the tail end of a long line of bad decisions, and rather than look to things like banking policy, the Federal Reserve and their heavy handed tactics, as well as the change in capitalization requirements, we looked to the hedge funds. Now these really need to be examined, but not by our government (we already know they wouldn’t recognize a hedge if they had to mow it), but by the stock holders of the banks, and through civil courts. The minority stockholders need to become more vocal and assertive in their right to obtain information and ensure integrity of the company. No company is too big to fail, and thus those that use hedge funds as a way to hide fraudulent activities should be banned from all securities transactions until corrected. Unfortunately, these much like the Anderson debacle, our judicial system failed to obtain correct information and understanding of the case and the ramifications of their actions. These two men were a link to the right target, but should not have been the targets.

The Times are Changing

A friend sent me two articles that on the surface seemed to be unrelated. Newspaper subscriptions are falling again, and many executives are “being lured away” from the government controlled company AIG. He wanted to know what I thought of this turn of events. It is not hard to understand, people no longer subscribe to newspapers because they no longer contain news, or information that is relevant or reliable. Most people get the newspaper for the coupons and comics, all of which we can now get on line. Don’t worry, though a bailout is coming and we can be assured that the playing field will be leveled. Net neutrality is being billed and the way to diversify the net. That is a lie. Net neutrality will be used (regardless of which administration is in place) to allow those voices that match the proper diversity message to be heard. Don’t believe me? Check out China, or Venezuela who have filtering placed upon their countries internets to “eliminate pornography, and objectionable material”. While I am not a big fan of pornography, I worry when people start trying to determine for me what is objectionable. I have the solution for porn and most other “objectionable” material. Don’t subscribe, or watch. If there is no market, then people will find some other amusements. The news that the newspapers is a trailing indicator that we no longer have a free press and when the money comes from the government, who will question those in power, when questioning can make you really uncomfortable.

Don’t believe me ask the executives at AIG who are being “lured”, ok they are taking any going offer, to work for someone other than the government. Why? Just because their salaries are being made “fair” and palatable to the American taxpayer, why would they want to leave? Aren’t they happy suffering for the rest of us? AIG and the other companies should have been allowed to fail, but then the company holding the retirement fund for congress would have been out of business. No wonder they are “too big to fail”. No the executives are finding that working for the government is not as much fun as they thought it would be, and that the politicians play for real, and they are just looking to be rich. If AIG would have failed, those executives would have been out of work for a couple of years, and then found a small regional bank or even a division of Bank of American to run. The free market and the concepts of independent people making decisions for themselves is being systematically dismantled, and replaced with a view of entitlement and comfort.

Look at why newspapers are failing. In accounting we are trained to be professionally skeptical, why not in journalism. When a congressman calls the President a liar on national television did any news organization look into why he would endanger his political career? Nope, we just ran the Rutgers, or AP write-up stating that he apologized for the outburst and the president magnanimously forgave him his error. As it turns out the congressman was right. Don’t believe me, just look it up yourself. When the bailout of AIG the mass redistribution of wealth was undertaken and these executive got a first hand view of socialism in the new America. It is interesting that every socialist country is run as a “democracy”, but not many have a say. They put up with it, because they have no choice. We will have healthcare DMV style, don’t believe me visit the UK, and why do Canadians come here for their healthcare if it is “free”. I guess you get what you pay for.

When the government provides services, who do you turn to when they are not acceptable? There is a reason that the founding fathers as President Obama so eloquently put it “if the Constitution "didn’t break free from the essential constraints that were placed by the founding fathers in the Constitution, at least as its been interpreted and [the] Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties." The document, he argued, "Says what the states can’t do to you, says what the Federal government can’t do to you, but doesn’t say what the Federal government or State government must do on your behalf." And he is correct. Our founding fathers were very wise is putting limits on what the government can do to you, because the role of government should be what the people decide to allow the government to do, not the other way around. But don’t worry, our current congress and president have been working for a long time to change all of that, and they may succeed. Congratulations, socialists have won. Not with a bang or a battle, but by the day to day wearing away of our will, and we have let it happen, under the auspices of being open minded and not wanting to offend.

So when the government bails out the newspaper industry, remember we allowed this to happen.

The decay of the American Dream

When will we wake up? The recession--let’s call it like it is--depression is forcing many small family owned business to close. These are the businesses that we need to focus on helping to succeed. Why are they closing? Top line revenue reductions, increasing taxation, and they can’t adjust fast enough to keep things afloat. By the way, many of those put out of work will not qualify for unemployment because they were the business owners, and you guessed it, are not employees. While they paid self-employment taxes, the government does not view this group as needing help and are not victims of an oppressive employer, therefore are in control of their own destiny and can afford to be without work.

The problem is that we have it all wrong. Businesses are looking to complete tasks and they hire people to accomplish those tasks. If those tasks repeat, they extend contracts aka make a person an employee. The government also forces the issue by requiring a company to hire people if they are used to complete tasks for a period longer than six months, or if the task can be reasonably described as an ongoing task that would be completed by an employee. Most employers, especially the family owned businesses, are careful about hiring people into the business and come to view all employees as family. It’s one of the mistakes made by these businesses, but also one of their key strengths. The value of these businesses is incalculable from a societal prospective. They show families how to work together, build communities, and keep customers happy. These form a strong foundation for economic and community growth.

The companies that are “too big to fail” are rooted in 15 countries and have no loyalty except to the investors. This is how it should be. But I still assert that no company is too big or important to fail. We need a better tax code, a focus on what is important, and frankly the only thing about health care that we need is to remove government from the managing equation. A group that can’t deliver the mail without losing billions is not someone I want to manage my health in any form. The loss of these businesses is a very good indicator as to how well we are managing our own financial responsibilities.

Obviously we are failing.

Cash for clunkers

Our Government at Work

It is good to see customer service is not dead. Our government has once again extended the deadline for the cash for clunkers program. Excellent. Except for the fact that they are not extending it for you. They are "extending" the program because they have been overwhelmed with demand from dealers that cannot get through for approval. No automated system, you have to wait for someone. Very efficient. Good to know our representatives think of the details. Currently the average wait time is 30 minutes, and dealers are recommended to call back if they are disconnected. It is good to know that our government cares about us. It is the handling of programs like these that gives us all confidence in the ability of the government to be responsible and responsive to what the people need. It is also good to know that they are using our money wisely. Remember the transparency thing? We spent 3 billion of your money so that someone could get a new car. While I am sure these individuals are very happy with the new car, did you enjoy paying for it? Yes, all tax money comes from your pockets, including the interest we are paying China to hold most of our debt. Congratulations, the 3 billion will be 3.9 billion, that is 3,900,000,000. It will be interesting to see how many cars were actually purchased for that money. If you take the 3 billion assume all 4,050 was used, 740,000 cars would have been purchased, but only 625,000 were actually purchased. Meaning that 115,000 cars were not funded due to overhead for the program. That means that over 20 percent of your money was used to make sure that when you bought someone a car the rules were followed.

Remember why the program is being "extended"? The money is still being spent, and more money will be required to shut the program down. The program is being extended to allow for dealers to call in and obtain approval when the whole system has been unavailable. Bet you won't hear about that as a lead in on CNN. These things are buried on page 6, and thus most people won't see them, and others will refuse to acknowledge what they mean. Examine the actual expenditures of our federal system sometime. Programs like Amtrak has never been profitable and we sink an average of 4 billion a year into the program. Our post office is an example of the fine customer service we can expect when the Cap and Trade bills go into effect and our healthcare is managed by the government. Talk to veterans who must receive healthcare from our VA system or the Bureau of Indian Affairs to see how happy they are about their care. Take off the rose colored glasses, ask hard questions like do I really need to help pay for someone else's car?

The Depression is not over...

Yes, this is a depression. Regardless of what those trying to garner votes for various initiatives are trying to tell us. A depression is defined as a period where the GDP is reduced by 10 percent. Since we have over 10 percent unemployment (the government numbers only reflect those who qualify for unemployment benefits). These numbers do not include things like the small business that has gone under, and the owner who is now looking to recover. So the article in the LA times that "Retail sales fall 5.1% in July despite back-to-school lures" , is merely stating what a reasonable person could deduce without a lot of thought. However, it seems that people are confused. We have taxes and government encroachment at record levels, companies closing, and unemployment at the highest level since 1983, and the Market Oracle in the UK is calling these numbers Depression levels. We are decimating entire submarkets with programs like the "Cash for clunkers" which is nearly crippling the spare parts industry which has relied upon salvage to continue. With the government destroying the cars that supply the spare parts they are ensuring that we will be forced into the new models that are "green" and environmentally friendly. Much like the light bulbs that use less electricity, have only a slightly longer life span and are filled with toxic and hazardous mercury. So if we dispose of them in the landfill we pollute our water supply much more than a clean coal factory will produce carbon gases.

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So retail sales are falling why is this a shock and why are we surprised? We are not building anything, we have outsourced many of the technologically sound jobs to India, the Philippines, and Mexico, but we have kept the really important fast food jobs here. It is tough to afford designer clothes on a McDonalds paycheck. This will impact everything, not just clothing, but technology and every industry within this country. We are not creating things or even managing them, we are putting money into a mismanaged and now government controlled financial services industry, which is making 38 billion in nothing but overdraft fees. The solution is actually simple, it is just no one really wants to go through the pain. Much like diet and exercise, we need to put discipline upon our spending, and realize that life and everyday is a gift and not a right and start treating them as such. We do not need insurance to pay for all aspects of healthcare, we do not need the government to buy our cars in exchange for others that fund the general fund, we do not need a social security system. We need to start taking care of ourselves and taking the government out of the equation. The argument is that some people can't take care of themselves. True, but then we the people can figure out how to solve that problem and not pass that responsibility to another. The Bill Gates foundation has immunized more people in 1 year than the UN has in 10, for considerably less money. The difference? Someone who actually cares, and a group that exists for themselves. The government is filled with brilliant people, in a twisted and self focused system. We need to take those people and let them go back to industry and solve real problems instead of creating them.

What Branson’s sale really means...

In the course of human events people, companies, countries and the world evolves and changes. Mr. Branson’s unique rise has obviously fallen on some hard times. While the decision to sell his mobile phone company may have been to help pay for his hobbies, the decision to sell a large stake in Virgin Galactic to a cash rich group is telling about how well the US and European economies are fairing. It seems that the large amounts of cash flowing from the US and Europe into the coffers of the ruling families in Abu Dahbi and Saudi Arabia is paying dividends. You can tell how well a country, company or person is fairing based on investments in infrastructure. The poor do not invest in roads, high end hotels, clean water, bridges, or other infrastructure because they do not use those things to survive. Growth becomes how do I get through tomorrow without starving. If you want to see the contrasts, look at Africa compared to the rest of the world. Continual war, tribal focus and corruption have lead to the stagnation and death of entire peoples.

The sale of a portion of Virgin Galactic provides the needed cash flow for Branson’s empire, and allows those in Abu Dahbi to have yet another large accomplishment to show, when Branson beats all others to establishing a community in space. Mr. Branson is one of those individuals that whether you like him or not, you must admire the intrepid spirit and gumption. The fact that he sold the stake to the Middle East shows how far the US has fallen behind, not only in equity, but in though leadership and direction. We are focused on the “right” to healthcare, while the team in Abu Dabi is focused on a legacy and growth. Branson makes obtains a boatload of money, and the rest of the world looks for someone to blame for not being great, some are focused on doing the hard work necessary.

Do not look behind the curtain; you may not like what you see.

It took a lot of searching, and that should say a great deal about what this blog contains. President Obama fired the inspector general who was investigating a former Phoenix Suns player and now the mayor of Sacramento Kevin Johnson, for misappropriating funds. This would be news anytime, but the fact that the president fired Gerald Walpin while one of his friends and political ally was under investigation. Mr. Walpin is not going quietly into the good night and is firing back. Regardless of what you think is happening here, the fact that the Chief Executive fired an investigator at all is not standard procedure and I guess the president has not learned to keep his hands clean when doing dirty work. It is also interesting that this story is difficult to find except on blogs with the exception of fox news. Let’s face it, if the investigation turned up that Mr. Johnson was guilty, he would have done some jail time and lost his job. But the investigation has been stopped. Where is the replacement Inspector General? This seems to confirm rather than allay Mr. Johnson’s guilt. Who is watching the watch dog, is becoming more a concern than ever. To whom can we turn when the government is not accountable to anyone?

If the government is providing us our information, our health care, our wealth, then whom do we turn to when “they” decide to cut benefits, offer substandard service? All competition is being eliminated, we cannot get better healthcare because the government will decide what is sufficient and necessary. Where will you go if you disagree? Will you leave the country like so many Canadians are forced to do today? But where will you go Mexico? What happens when you are taxed by the number of miles you drive your gas powered car? What if it turns out that the mercury laden light bulbs cause a greater environmental hazard than the old incandescent bulbs that are no longer able to be manufactured here in the US, because they use more electricity? Who is watching those making the rules? When an IG is fired (for whatever reason), a follow-up investigation should be conducted of those involved to ensure a lack of impartiality. We have no accountability and that makes our problems larger.

The Fed finally figures out how to take the money back

If you have been following the story of the TARP money, and the government’s quandary as to how to take their money back, then you will be gratified to know that after 4 months and several large interest payments later, our government figured out how to take money back. Ironic, as taking money from others is their primary business. It is interesting that the 10 big banks given approval to return $68 billion in bailout money had to get permission to pay back the money. Most of those banks will welcome the lack of restrictions on salaries, bonuses and other payment structures that the executives missed very much. It is good that the executives from these banks have been exposed to the bad lending practices they practiced. It is also good to see them make the same mistakes that we all make in assuming that we can quickly repay a loan and not get in over our heads. I also found it ironic that it took the treasury 4 months to figure out how to take back the TARP funds, all the while charging interest. I guess the incentive just wasn’t there.

We have a systemic problem of many people who mean well, but have a profound lack of understanding. Mr. Guithner is optimistic that we have turned the corner, while expecting over 1/3 more banks failed thus far this year than all of last year. Without revenues, the banks will not be able to function and businesses will continue to fail. The Small Business Association (SBA) has many programs but they do not control the lending. They merely “facilitate” and provide the rules for guaranteeing loans from banks. As of June 10, 2009, Bank of America has not issued a single SBA loan, while being listed as a preferred lender. The government is not able to help because the rules dictate that they cannot force someone to lend, nor can they show preference, however, they can set the rules for lending. So having a great government program is only in the imagination of the legislature. The problem lies, as always, in the execution. Not enough details are provided in the program design and there is no incentive to move quickly or efficiently to bring these programs to the public. Who would we complain to anyway, the government? Which department has oversight to government abuse and corruption other than our press who has historically been biased and unable to perform even the most basic analysis of the information they provide? When non-government organizations are irresponsible we have remedies such as litigation and regulation. Who regulates the regulators? This is why government providing services is usually a bad idea. If the government wants to save money by cutting administrators of a program and no one returns calls to those trying to access a program offered, who wins? Who would we the people turn to, and how would we find help? When the wolves have become the shepherds, it is not a good time to be a sheep.

Why bankruptcy alone will not save GM or Chrysler

GM has finally declared bankruptcy, unfortunately not before it was nationalized. We have now nationalized our financial service industry and our manufacturing sectors. Welcome to the new socialist world. Read the GM White House fact sheet. The government has repeatedly declared that they do not want to run the company, except that they are dictating that more fuel efficient vehicles be made and the government of Canada is also a part owner. Congratulations, the rules have changed. I have discussed this in past entries, but I think this is the best illustration of rule changes that we have to date. The company’s bond holders have been relegated to last in line, while the common stock holders who “get a greater return because they assume a greater risk” have now been moved to the head of the line. Why? The government who “does not want to have an equity position in a company” now has one, and under the guise of shared sacrifice, appeals to our short term vision and will only extend our pain in the long term. There is no company too large to fail, and it should be painful. These lessons teach us that failure is not the end, but it does hurt and you have to be resilient enough to endure. It seems we have lost the ability to live with failure. We do not hold student’s back, because no child should be left behind. With failure comes lessons and as Henry Ford said after the first assembly line failed “Failure is the opportunity to begin again, more intelligently.” We are failing to learn from the lessons of California, GM, and a host of other examples, because there is no pain. The failure of GM is a psychological failure on a personal and organizational basis. The Unions forgot their missions to keep the company from overstepping reasonable bounds. They took out the reasonable part and went after everything they could get, and were very successful.

Why will bankruptcy not fix GM? The psychology has not changed. Frank Durant the founder of GM decided to go into the car business after his buggy business failed because of Ford. Ironic. This is why we need history. We need the destructive process to create something better. Who knows the best industry creating idea could be just waiting for enough pain to get started, but by supporting a failed company, we reward failure and suppress the very things that make success rewarding. If you look at any story worthwhile, the hero is always terrified, always an inch from death. Do you think the hero or heroine is enjoying themselves through most of the story? Is there a bailout, just in case they don’t make it? As a zen master would say it is the journey that is the reward. Unless we undertake these scary, painful and testing journeys how will we know what we are destined to accomplish? The hero of the story never really plans to go out and be terrified, but in spite of everything they keep trying and have faith they will succeed. You can only fail when you stop trying.

Growing up my father pounded the “don’t work, don’t eat” motto into my head. It has kept me going through some very tough times. Because I know I don’t have it in me to grovel enough to get the government handouts. I don’t and won’t tell a sad enough story. We have choices in life, and the government has become the great enabler of our addiction and has learned to play on our fears and sympathies. This is how our officials are elected, and why we struggle to solve problems like social security and Medicare. We are no longer willing to make the true sacrifices necessary to solve the problems. Until we fix our psychology we will always be victims and you will continue to see more GM stories. The social drama we see playing out is an example for most of our individual lives as well. We must have faith not fear and focus on what we want to accomplish and then never give up.

Trouble with GM

We all know the troubles the US automakers are having with the press. The LA Times sensational story General Motors moves to shed 1,100 dealers on May 16th was indicative of the problems within GM and with our press. GM’s woes are familiar to everyone by now. Billions in tax dollars spent to resurrect a mature company in a mature industry is generally not a good way to turn things around. Don’t get me wrong, the team at GM is industrious and committed to what they do. They also are encumbered and inhibited by the internal give and take that is indicative of all large organizations. We see this especially in the government, but it is visible in all large organizations. The bureaucracy takes over and has a life of its own. Executives cannot rise into positions of power without negotiating the bureaucracy and thus are shaped by it. GM Europe and GM North America have long been in an adversarial relationship and no one on the board or the executive team was willing or able to take on the challenges to bring the two organizations into alignment. Now that move is unnecessary as GM Europe will be spun off. The move to shed 1,100 dealers is too little too late. By not taking smaller but braver moves 5-10 years ago, the executives are taking the only options left open to them. In a maturing market, they did not start consolidating domestic dealers, and expanding overseas activities, but stayed the course right into bankruptcy. There are many books and business examples that the group could have leveraged, one of the most popular is If it Ain't Broke...Break It!: And Other Unconventional Wisdom for a Changing Business World all talk about how to initiate change and the need for reinvention within organizations. GM got comfortable and the people inside thought things would never change. Chrysler was the same except worse.

The lesson that we need to take from GM is the one Microsoft’s Bill Gates learned early on. All it takes is one new idea and if they aren’t the ones taking advantage of it then they will be out of business, and so will 1,100 dealerships. In order to avoid the same fate as GM, companies must listen to the dissenting opinions within the group. Though politically incorrect and sometimes annoying, they are also the group that brings the ideas and are willing to communicate through the clutter of platitudes and obscure language. Pay attention to the person who says we need to change how we do business, or “this doesn’t make sense”. Even if it is a training issue, the underlying cause could be an opportunity. The world admitted 4 billion additional players to the market in the last 15 years. India’s Tata now owns Jaguar and they are not encumbered by anti-trust legislation or regulatory reporting to anywhere the same degree as US companies. We have to be better, quicker, more adaptable, and much less comfortable, unless we want to be GM, a company of great people, wanting to do the right things, but not willing or maybe not able to look at the consequences of their actions.

The New Labor Market (What’s the deal?)

Americans are beginning to realize that the relationship between those who need work done and those who can do the work is changing. Notice there was no employer/employee relationship established here. The days of someone working for 30 years disappeared 20 years ago. In a study for the department of labor done in 1999, Susan Houseman correctly identified the “contingent worker”, as a trend in the market. 10 years later we are only now seeing this trend on a mass scale. Independent contractors hired to do a specific task for as long as the contractee is willing to pay. While the department of labor will force companies to classify these individuals as employees, the result is the “employee” will only have a position either until that duty can be performed by cheaper labor (off-shore) or until the business changes.

During the .com boom legislation under the Clinton administration allowed and encouraged investment in India, China, and other countries to support the technology boom here in the US. When people realized that many of these ideas, while great, were not necessarily the economic boom that they thought they were, the money dried up, but the trained talent pool did not. From an investment standpoint and for Walmart shoppers everywhere, why would you pay $40 dollars an hour for an accountant, programmer, automotive assembly line worker, or any other group when you can pay $5-10 dollars per hour and hire twice the number to achieve the same productivity? Pay less in benefits and have a larger workforce available and be able to work 24 hour a day. This becomes a very simple equation. The truth is Americans need to get serious about changing our labor laws to facilitate contract labor and enable those who will be changing jobs every 3-5 years a much more flexible framework in which to operate. This affects everything from the 401k to healthcare. Universal Healthcare as proposed will be an excessive burden to all concerned and still not address the primary issue of how individuals can tap into a privately managed healthcare industry while freeing them and employers from having to bear the burden of insurance. We have an insurance problem not a healthcare problem.

These are but a few of the issues that I will begin talking about in the next few entries.

AIG, Congress and the pot of gold

As a management story, it just doesn’t get any better than this. It has all the elements, good guys, liars, betrayal. How did we get here, and how do we put up with all of the excuses being thrown around? Most of us are feeling buyer’s remorse. We spend too much money to bail out a big bank and now we want a refund. Unfortunately, it is past the three day limit and we are not going to get a refund. Even if AIG paid all of the money back tomorrow, Congress would find some other rat hole to throw it down, all under the auspices of doing the “right” thing. What we as a people struggle with is sometimes doing nothing is the right thing. If we had not bailed out AIG, we would have had mortgages and other subprime assets on the books a while longer. They would not have been able to foreclose on homes as the staff necessary to complete those tasks would no longer be employed. The loans would have been either written down or off as part of the bankruptcy filing and the assets would have been acquired by either a Chinese, Dutch or British bank.

We keep making excuses for failure, and this is why we fail. It is not considered polite to actually say that someone failed. We all know that there are always extenuating circumstances. What we have seen over the last week has been outright lying, on the part of Geithner, Congress and AIG. The week started out that no one knew anything and by the end of the week we knew that the bonuses were actually spelled out in the deal. I actually am siding with AIG on this one, since they had the deal signed and everyone knew that these bonuses are in line with the industry and that they were within the standard compensation packages, I think the government’s team should be explaining how that language made it through in the first place. The only reason anyone said anything about this is the fact that it was leaked to the news and thus the political engine took over. Had none of this been reported then no one would have ever known. The reaction was evident in the wall street journal article “The WSJ’s Future of Finance: The Problem With Populism”. The finance community feels betrayed by the obvious playing to the gallery grandstanding that congress has engaged and Obama is trying to mitigate.

If you look back at my previous entry, I noted that the financial group bailout was done in the back room while the auto manufacturers were completed in full view with the posturing up front. Now as the details of these deals become available, people are suddenly shocked, and those involved are looking for plausible deniability. They are also looking to take the outrage and channel it into the authority to take greater liberties with the tax code and target individuals. This is a very dangerous activity. Unfortunately, most do not see the danger. By “punishing” the people who took approved bonuses (under the guise of excessive bonuses) they will establish precedence. This precedence will allow them to target any group for any reason that may be unpopular. See “AIG's Bonus Unit Now in IRS's Sights” is an example of the lengths that business go in order to minimize the tax burden, and why the tax law is currently untenable. It is very simple for Congress to initiate rules that would add penalties for some and loopholes for others. With millions of lines of legal code how would the average person understand or know was or is being taxed. As an accountant, this level of complexity guarantees that people and companies will not be able to comply. Thus making the decision as to whether or not you will break the law into which one will you least likely be caught breaking? AIG did not break any laws, they paid bonuses they were contractually obligated to pay. Whether this was a good decision or not will never be determined because of the emotional fury being spent. Things that Congress could help fix would be to allow shareholders to write-in board nominees during shareholder voting, and to hold board members liable for at least a limited amount of damages. Unfortunately, we are looking at the problem and spend little time talking about realistic solutions rather than punishing the inappropriate people. If we wanted to hold the people responsible for the AIG bonuses accountable, at least a dozen members of congress, a good delegation from the Treasury department and a number of AIG executives would all be out of jobs tomorrow. Unfortunately, most people will forget about this a week after the media stops reporting. The 24 hour news cycle keeps us so focused on the immediacy of what is happening without being able to focus on the root causes that we never complain about everything and solve nothing. But it does sell advertising time.