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	<title>Comments on: SEC Gives Permission to Fudge Mark-to-Market</title>
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		<title>By: Anonymous</title>
		<link>http://www.nakedcapitalism.com/2008/03/sec-gives-permission-to-fudge-mark-to.html#comment-6333</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Thu, 03 Apr 2008 23:47:00 +0000</pubDate>
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		<description>It seems that nobody is reading the offending paragraph carefully.&lt;br/&gt;&lt;br/&gt;The sentence is addressing &quot;observable inputs,&quot; which are COMPARABLE MARKET TRANSACTIONS that you are using to value your holding.&lt;br/&gt;&lt;br/&gt;It is NOT addressing the holding that you are valuing.  Big difference!&lt;br/&gt;&lt;br/&gt;If one of the COMPS that you have selected is a liquidation transaction, YOU DON&#039;T USE IT to value your holding.&lt;br/&gt;&lt;br/&gt;It is NOT saying that if your holding is in foreclosure that you can simply ignore or fudge the valuation.&lt;br/&gt;&lt;br/&gt;Read the actual words!</description>
		<content:encoded><![CDATA[<p>It seems that nobody is reading the offending paragraph carefully.</p>
<p>The sentence is addressing &#8220;observable inputs,&#8221; which are COMPARABLE MARKET TRANSACTIONS that you are using to value your holding.</p>
<p>It is NOT addressing the holding that you are valuing.  Big difference!</p>
<p>If one of the COMPS that you have selected is a liquidation transaction, YOU DON&#8217;T USE IT to value your holding.</p>
<p>It is NOT saying that if your holding is in foreclosure that you can simply ignore or fudge the valuation.</p>
<p>Read the actual words!</p>
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		<title>By: Ginger Yellow</title>
		<link>http://www.nakedcapitalism.com/2008/03/sec-gives-permission-to-fudge-mark-to.html#comment-6139</link>
		<dc:creator>Ginger Yellow</dc:creator>
		<pubDate>Mon, 31 Mar 2008 14:20:00 +0000</pubDate>
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		<description>I&#039;d like to echo the comments above about this not being a change as such. Here is what SFAS 157 itself says:&lt;br/&gt;&lt;br/&gt;&quot;A fair value measurement assumes that the asset or liability is exchanged in an orderly transaction between market participants to sell the asset or transfer the liability at the measurement date. An orderly transaction is a transaction that assumes exposure to the market for a period prior to the measurement date to allow for marketing activities that are usual and customary for transactions involving such assets or liabilities; &lt;b&gt;it is not a forced transaction (for example, a forced liquidation or distress sale)&lt;/b&gt;.&quot;</description>
		<content:encoded><![CDATA[<p>I&#8217;d like to echo the comments above about this not being a change as such. Here is what SFAS 157 itself says:</p>
<p>&#8220;A fair value measurement assumes that the asset or liability is exchanged in an orderly transaction between market participants to sell the asset or transfer the liability at the measurement date. An orderly transaction is a transaction that assumes exposure to the market for a period prior to the measurement date to allow for marketing activities that are usual and customary for transactions involving such assets or liabilities; <b>it is not a forced transaction (for example, a forced liquidation or distress sale)</b>.&#8221;</p>
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		<title>By: Anonymous</title>
		<link>http://www.nakedcapitalism.com/2008/03/sec-gives-permission-to-fudge-mark-to.html#comment-6070</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Sun, 30 Mar 2008 11:40:00 +0000</pubDate>
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		<description>Worthless securities being hidden in plain sight on the balance sheets of major US financial institutions for the purpose of defrauding investors with the backing of the SEC, Fed, Treasury, etc. &lt;br/&gt;&lt;br/&gt;The legal system was the first to be corrupted so the Supreme Court will rubber stamp whatever criminal enterprise the government wants to propose.&lt;br/&gt;&lt;br/&gt;If I didn&#039;t see it happening, I would never have believed it. Pretty much corrupts the whole system.</description>
		<content:encoded><![CDATA[<p>Worthless securities being hidden in plain sight on the balance sheets of major US financial institutions for the purpose of defrauding investors with the backing of the SEC, Fed, Treasury, etc. </p>
<p>The legal system was the first to be corrupted so the Supreme Court will rubber stamp whatever criminal enterprise the government wants to propose.</p>
<p>If I didn&#8217;t see it happening, I would never have believed it. Pretty much corrupts the whole system.</p>
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		<title>By: foesskewered</title>
		<link>http://www.nakedcapitalism.com/2008/03/sec-gives-permission-to-fudge-mark-to.html#comment-6048</link>
		<dc:creator>foesskewered</dc:creator>
		<pubDate>Sun, 30 Mar 2008 01:26:00 +0000</pubDate>
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		<description>Anon March 29, 2008 10:21 AM&lt;br/&gt;&lt;br/&gt;Actually, it doesn&#039;t really matter what is good or not, when the forced sale comes through, it&#039;s just a matter of whether a buyer emerges and what kind of price they are willing to pay.&lt;br/&gt;&lt;br/&gt;RK &lt;br/&gt;know what u mean, but frankly, as long as a buyer emerges, there will be a price; of course it&#039;s instructive when no buyer emerges. Perhaps, the FED can resolve this, letthe FED put a buyer of last resort price to the unsaleable items, obviously that puts them in the unenviable position of possibly having to take up thoise assets on a permanent basis. (think wicked glint in the eye type of humour!)</description>
		<content:encoded><![CDATA[<p>Anon March 29, 2008 10:21 AM</p>
<p>Actually, it doesn&#8217;t really matter what is good or not, when the forced sale comes through, it&#8217;s just a matter of whether a buyer emerges and what kind of price they are willing to pay.</p>
<p>RK <br />know what u mean, but frankly, as long as a buyer emerges, there will be a price; of course it&#8217;s instructive when no buyer emerges. Perhaps, the FED can resolve this, letthe FED put a buyer of last resort price to the unsaleable items, obviously that puts them in the unenviable position of possibly having to take up thoise assets on a permanent basis. (think wicked glint in the eye type of humour!)</p>
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		<title>By: Anonymous</title>
		<link>http://www.nakedcapitalism.com/2008/03/sec-gives-permission-to-fudge-mark-to.html#comment-6044</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Sat, 29 Mar 2008 23:57:00 +0000</pubDate>
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		<description>Anon:&lt;br/&gt;&lt;br/&gt;Yes SFAS has always had the forced sales expemption.  Until now, it has been ignored.  Reason, the auditors fear their professional lives.  &lt;br/&gt;&lt;br/&gt;If the auditors used thr forced sales exemption on, say Bear or Thornburg, they would be handed the death penalty a-la Anderson in the Enron debacle.  Look at the teeth hashing over New Century changed of accounting procedures.&lt;br/&gt;&lt;br/&gt;Friday&#039;s SEC letter is being looked at as a &quot;get out opf jail free&quot; card to the auditors.  Should be invoke this rule on a firm that subsequently blows up, they will live to see another day.</description>
		<content:encoded><![CDATA[<p>Anon:</p>
<p>Yes SFAS has always had the forced sales expemption.  Until now, it has been ignored.  Reason, the auditors fear their professional lives.  </p>
<p>If the auditors used thr forced sales exemption on, say Bear or Thornburg, they would be handed the death penalty a-la Anderson in the Enron debacle.  Look at the teeth hashing over New Century changed of accounting procedures.</p>
<p>Friday&#8217;s SEC letter is being looked at as a &#8220;get out opf jail free&#8221; card to the auditors.  Should be invoke this rule on a firm that subsequently blows up, they will live to see another day.</p>
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		<title>By: Anonymous</title>
		<link>http://www.nakedcapitalism.com/2008/03/sec-gives-permission-to-fudge-mark-to.html#comment-6042</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Sat, 29 Mar 2008 23:56:00 +0000</pubDate>
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		<description>I agree with comments above, but will add, we have organizations in place to look at accounting, fraud, crimes, misinformation, etc, but what we lack, are people that understand what they are doing, and then working for tax payers, versus looking the other way as if they are part of a netwrof of collusion.&lt;br/&gt;&lt;br/&gt;We have laws which are broken by people.  Corporations are in general, not accountable enties, but the people, like CEOs, CFOs are the people that should be fined and or placed in jail for fraud.  For some reason, we have a network of public servants who refuse to comply with the law, then they look away at a network of crooks that walk away with massive bonuses for stealing.  These are people breaking laws, hiding behind corporations that are backed by the governments un-willingness to act against crimes!&lt;br/&gt;&lt;br/&gt;An example of a bogus organization, like FASB is the following:&lt;br/&gt;&lt;br/&gt;The Public Company Accounting Oversight Board (or PCAOB) (sometimes called &quot;Peekaboo&quot;) is a private-sector, non-profit corporation created by the Sarbanes-Oxley Act, a 2002 United States federal law, to oversee the auditors of public companies. Its stated purpose is to &#039;protect the interests of investors and further the public interest in the preparation of informative, fair, and independent audit reports&#039;. Although a private entity, the PCAOB has many government-like regulatory functions, making it in some ways similar to the private Self Regulatory Organizations (SROs) that regulate stock markets and other aspects of the financial markets in the United States.&lt;br/&gt;&lt;br/&gt;100% bogus!  They audit public accounting firms on wall street that fail audits year after year, and it doesnt matter, because there is zero accountability in this mafia-like collusion ring!</description>
		<content:encoded><![CDATA[<p>I agree with comments above, but will add, we have organizations in place to look at accounting, fraud, crimes, misinformation, etc, but what we lack, are people that understand what they are doing, and then working for tax payers, versus looking the other way as if they are part of a netwrof of collusion.</p>
<p>We have laws which are broken by people.  Corporations are in general, not accountable enties, but the people, like CEOs, CFOs are the people that should be fined and or placed in jail for fraud.  For some reason, we have a network of public servants who refuse to comply with the law, then they look away at a network of crooks that walk away with massive bonuses for stealing.  These are people breaking laws, hiding behind corporations that are backed by the governments un-willingness to act against crimes!</p>
<p>An example of a bogus organization, like FASB is the following:</p>
<p>The Public Company Accounting Oversight Board (or PCAOB) (sometimes called &#8220;Peekaboo&#8221;) is a private-sector, non-profit corporation created by the Sarbanes-Oxley Act, a 2002 United States federal law, to oversee the auditors of public companies. Its stated purpose is to &#8216;protect the interests of investors and further the public interest in the preparation of informative, fair, and independent audit reports&#8217;. Although a private entity, the PCAOB has many government-like regulatory functions, making it in some ways similar to the private Self Regulatory Organizations (SROs) that regulate stock markets and other aspects of the financial markets in the United States.</p>
<p>100% bogus!  They audit public accounting firms on wall street that fail audits year after year, and it doesnt matter, because there is zero accountability in this mafia-like collusion ring!</p>
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		<title>By: Steve</title>
		<link>http://www.nakedcapitalism.com/2008/03/sec-gives-permission-to-fudge-mark-to.html#comment-6033</link>
		<dc:creator>Steve</dc:creator>
		<pubDate>Sat, 29 Mar 2008 19:31:00 +0000</pubDate>
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		<description>Blame the regulators, including FASB? Hell, yes. They&#039;ve been waving this garbage onto the books for years and enabled the current crisis. Why do they not require a qualified audit opinion if level 3 assets exceed a percentage of total assets or equity, and why are these things not required to be carried on a cash recovery basis? Want to find the market clearing price for this crap? Require 100% of executive bonuses to be paid as interests in the firm&#039;s level 3 assets.</description>
		<content:encoded><![CDATA[<p>Blame the regulators, including FASB? Hell, yes. They&#8217;ve been waving this garbage onto the books for years and enabled the current crisis. Why do they not require a qualified audit opinion if level 3 assets exceed a percentage of total assets or equity, and why are these things not required to be carried on a cash recovery basis? Want to find the market clearing price for this crap? Require 100% of executive bonuses to be paid as interests in the firm&#8217;s level 3 assets.</p>
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		<title>By: Anonymous</title>
		<link>http://www.nakedcapitalism.com/2008/03/sec-gives-permission-to-fudge-mark-to.html#comment-6027</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Sat, 29 Mar 2008 17:31:00 +0000</pubDate>
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		<description>I think both you and Norris are being unfair to the regulators.  SFAS 157 has always included an exception for forced sales (as indeed it must, if you think about it).  The AICPA has already made it clear that just because markets are illiquid that does not mean that firms can claim that all sales are forced.  It was precisely on October 3, when the accountants made it clear that firms would &lt;b&gt;not&lt;/b&gt; be allowed to abuse clauses like the &quot;forced sales&quot; clause that dramatic plans to rescue the banking sector began to be concocted.  Here is &lt;a HREF=&quot;http://www.aicpa.org/caq/download/WP_Measurements_of_FV_in_Illiquid_Markets.pdf&quot; REL=&quot;nofollow&quot;&gt;October&#039;s White Paper&lt;/a&gt; on fair value rules.</description>
		<content:encoded><![CDATA[<p>I think both you and Norris are being unfair to the regulators.  SFAS 157 has always included an exception for forced sales (as indeed it must, if you think about it).  The AICPA has already made it clear that just because markets are illiquid that does not mean that firms can claim that all sales are forced.  It was precisely on October 3, when the accountants made it clear that firms would <b>not</b> be allowed to abuse clauses like the &#8220;forced sales&#8221; clause that dramatic plans to rescue the banking sector began to be concocted.  Here is <a HREF="http://www.aicpa.org/caq/download/WP_Measurements_of_FV_in_Illiquid_Markets.pdf" REL="nofollow">October&#8217;s White Paper</a> on fair value rules.</p>
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		<title>By: Anonymous</title>
		<link>http://www.nakedcapitalism.com/2008/03/sec-gives-permission-to-fudge-mark-to.html#comment-6025</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Sat, 29 Mar 2008 16:52:00 +0000</pubDate>
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		<description>I think this whole situation can be simplified. The SEC should simply state that all Level 3 assets should be valued at 0, their true worth.</description>
		<content:encoded><![CDATA[<p>I think this whole situation can be simplified. The SEC should simply state that all Level 3 assets should be valued at 0, their true worth.</p>
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		<title>By: Anonymous</title>
		<link>http://www.nakedcapitalism.com/2008/03/sec-gives-permission-to-fudge-mark-to.html#comment-6024</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Sat, 29 Mar 2008 15:29:00 +0000</pubDate>
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		<description>Yves,&lt;br/&gt;&lt;br/&gt;In addition to encouraging EVEN LESS transparency at investment and commercial banks, I’m certain that FAS 157 will continue to permit financial institutions to realize gains on liabilities whose values have gone down as a result of increased credit risk and subsequent widening of credit spreads.  This looks to me as if regulators are actually encouraging financial institutions to avoid discovering appropriate market clearing prices for illiquid assets AND they’re going so far as to ‘reward’ these same institutions for their significant credit risk by flowing gains through to earnings.  Is the SEC the next disaster waiting to happen and are bank balance sheets so bad that even the SEC is kneeling to markets?  I guess earnings driven by deterioration in your own credit quality works, but I’d say that’s quite an interesting interpretation of the concept of ‘fair value’.&lt;br/&gt;&lt;br/&gt;(btw, i dont believe i&#039;ve posted a comment before, but Yves I&#039;m the guy who recently emailed you with a link to information on bank holding companies)</description>
		<content:encoded><![CDATA[<p>Yves,</p>
<p>In addition to encouraging EVEN LESS transparency at investment and commercial banks, I’m certain that FAS 157 will continue to permit financial institutions to realize gains on liabilities whose values have gone down as a result of increased credit risk and subsequent widening of credit spreads.  This looks to me as if regulators are actually encouraging financial institutions to avoid discovering appropriate market clearing prices for illiquid assets AND they’re going so far as to ‘reward’ these same institutions for their significant credit risk by flowing gains through to earnings.  Is the SEC the next disaster waiting to happen and are bank balance sheets so bad that even the SEC is kneeling to markets?  I guess earnings driven by deterioration in your own credit quality works, but I’d say that’s quite an interesting interpretation of the concept of ‘fair value’.</p>
<p>(btw, i dont believe i&#8217;ve posted a comment before, but Yves I&#8217;m the guy who recently emailed you with a link to information on bank holding companies)</p>
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