The following is from Steve Selengut, portfolio manager and author of "The Brainwashing of America". He put it up as a comment to my post, "NASD continues probe into abusive sales practices of
variable annuities." I thought it
was worthy of its own post. See what you think.
We humans are as creative on the "Dark Side" of
commercial activity as we are in developing beneficial new products and
services. In the face of huge financial benefits, however, some corporate
executives can't resist taking an extra dessert even before their shareholders
have finished dinner. Some scandals have more of an impact on investors than
others, and most produce unwarranted layers of government regulation and
control that stifle honest creativity.
Plain vanilla fraud and theft are less worrisome to me than
situations where the general acceptance of misinformation or "business as
usual" practices allows inherently bad product ideas and blatant
mismanagement to become accepted by regulatory authorities, financial
professionals, and myopically gullible consumers. Here are some candidates for
future "Blockbuster Scandal Awards" (B S Awards, if you will):
Variable Life Insurance & Annuities, Wrap Fee Managed Investment Accounts,
Portfolio Window Dressing, Asset Allocation Mutual Funds, and Obscene Executive
Compensation.
1) Variable Insurance and Annuities: Variable products are a
relatively new thing in the insurance industry, circa 1980 or so. Before that,
the conventional wisdom labeled the Shock Market much too risky for Life
Insurance Policy and Annuity Contract guaranteed benefits. In fact, these
benefits had been "guaranteed" for so long that it became a generic
expectation of anyone in the market for either. So why did the State Insurance
departments cave in to the Variable Product lobby? And what is not emphasized
as these products are marketed to potential insureds and annuitants?
As if the 8% sales commission on Straight Life Annuities wasn't
enough, the addition of Mutual Fund bonuses made the Variable Annuity
irresistible... to financial professionals. Similarly, this product is so
lucrative for the companies that they manipulate their rates to become more
competitive. Since the introduction of variable benefits, there have been more
insurance company failures and scandals, and not just a few disappointed
recipients of reduced annuity payments. What's in your retirement plan?
2)Wrap Fee Investment Accounts: From the very beginnings of
wealth, the very wealthy employed Investment Managers to protect and to grow
their portfolios. Most Investment Managers had just a few huge clients that
they tended to while the rest of the fledging financial industry focused on
property protection and estate creation through life insurance. Most of today's
(salaried) Investment Managers are employed by Financial Institutions to
supervise thousands of Mutual Funds for millions of investors of all financial
shapes and sizes. There are more Equity Mutual Funds than there are individual
Equities on the New York Stock Exchange. Most investors today will employ many
Investment Managers and never actually speak to any of them.
Enter the personally managed investment portfolio product
offered by most major Financial Institutions. For a single fee, you receive the
personal services of a professional Investment Manager, and a portfolio
specifically designed for you. Except, of course, that you get neither. You get
precisely the same portfolio as everybody else, and all at once regardless of
price... a Mutual Fund with individual statements. But of course, you can speak
to the manager any time you like, change your asset allocation, set aside a
reserve for an upcoming expenditure, etc. Yeah, sure you can!
Note that "Flat Fee" managed accounts are quite
different and may actually be separately and personally managed.
3)Portfolio Window Dressing: Every quarter, every year, we hear
about the adjustments that portfolio managers are making as they attempt to
look smart to their largest clients. Now in a discipline (Investing) that they
all officially recognize as a long-term commitment to some specific strategy or
plan, why do the Masters of the Universe spend so much time manipulating their
short-term performance numbers? And why is this considered business as usual
instead of common fraud?
4)Asset Allocation Mutual Funds: I look at Asset Allocation a
bit differently than most professionals seem to and I regulate and monitor a
portfolio's structure using the cost basis of securities rather than their
Market Value. But how, logically, can a one-size-fits-all Mutual Fund be the
right mix for all investors? Here's a definition found on the Internet: "A
mutual fund that rotates among stocks, bonds, and money market securities to
maximize return on investment and minimize risk". And a definition of
Asset Allocation from a similar source: "The practice of distributing a
certain percentage of a portfolio between different types of investment assets,
such as stocks, bonds, mutual funds, cash, real estate, options, etc. By
diversifying an individual's asset base, one hopes to create a favorable
risk/reward ratio for a portfolio".
In reality, Asset Allocation is a structure-planning tool that
determines what percentage of an Investment Portfolio is to be invested for
Growth in Equity securities and what percentage is to be invested for income
production. The proper allocation is a function of the investor's age, marital
status, financial position, employment status, retirement plans, expenditure
needs, risk tolerance, family responsibilities, etc. Diversification occurs
within the two (just two) asset classes. One size fits all... who's kidding
whom?
5) Corporate Executive Compensation: I strongly believe that
everyone has the right to become filthy rich, legally of course. I respect
anyone who gets there honestly because their success creates jobs,
opportunities, wealth, and a higher standard of living for everyone. But, once
they sell shares of their successful enterprises to the public, they have a
responsibility to share future profits and growth. Obscene executive suite
compensation (right down to the chauffeured limousines) is simply stealing from
shareholders.
With every new Scandal, a voracious Media and a hypocritical
Congress exacerbate the fear of shocked investors and call for more regulation
of the very entities whose success, freedom, viability, and competitiveness
they should be nurturing. Ironically, politicians are always the most outspoken
critics... probably because of their familiarity with cover-ups and
improprieties. But no one ever questions the integrity of the Financial
Institutions that invent, produce, price, and promote products and services
that do far more long-term harm than the few (albeit serious and sensational)
incidents of corporate wrong doing.
Four of the five candidates for this year's Blockbuster Scandal
(B S) Award were created on Wall Street. The fifth is ignored by it. Which one
bothers you most?
Your thoughts and comments are welcome, as always. Please leave them
below.
Kim Snider, Kim Snider Financial Communications, Chronim Investments
and/or Snider Advisors make no representation that the information and opinions
expressed are accurate, complete or current. The opinions expressed should not
be construed as financial, legal, tax, or other advice and are provided for
informational purposes only. Call 866-952-0100 to request the Snider
Investment Method™ Owner's Manual, which includes a description of the
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