Advocate Lobbies To Make Small Business Even Smaller…
October 15, 2009
Further to “Main Streets or Mean Streets,” this from the ever-insightful Simon Johnson:
The US Chamber of Commerce is opposing the administration’s proposed Consumer Financial Protection Agency, on the grounds that it would hurt small business. Their argument is that this agency will extend the dead hand of government into every small business.
For the Chamber of Commerce, government is the enemy of small business and should always and everywhere be fought to a standstill. Chamber Senior Vice President (and former Fred Thompson campaign manager) Tom Collamore sees this as “advocacy on behalf of small businesses, job creators, and entrepreneurs” (quoted in the WSJ link above), and the Chamber has launched the “American Free Enterprise” campaign.
Somewhere, the Chamber’s senior leadership missed the plot. What brought on the greatest financial crisis since the 1930s? What has hurt, directly and indirectly, small business of all kinds to an unprecedented degree over the past 12 months? What is killing small and medium-sized banks at a rate not seen in nearly 80 years?
It’s the behavior of the financial sector, particularly big banks and their close allies – by consistently mistreating consumers. And the letter and spirit of the regulatory regime let them get away with it.
Some members of Congress honestly believe that consumers should have a free choice, unfettered by any kind of restriction, regarding the financial products they buy.
But spend time talking to any marketing professional or call them to testify before your committee – or just ask Mr. Collamore, who was previously at Altria. The state of knowledge regarding how to persuade people to buy stuff is impressive, the degree of potential manipulation for consumer preferences is simply stunning, and the “innovations” in this area are not slowing down.
The scope for taking advantage of consumers in subtle ways, or outright duping them, is probably higher for finance than for any other sector. For fairly obvious reasons, people are more likely to misunderstand credit than, say, furniture. Ambitious executives have therefore hammered hard on borrowers. And the implications – as you have seen and are still seeing – of systemic financial misbehavior are awful in terms of human impact and essentially without limit in terms of ultimate macroeconomic downside.
Unscrupulous Finance has brought us down and will do it again. Those most damaged now and in the future include small and medium-sized business owners who are trying to treat customers fairly.
The Chamber of Commerce is fighting the last war (or the one before that). Their small business membership should wake up to the current reality and press the Chamber hard to change its position before it is too late.
President Obama needs to go over the heads of the Chamber’s leadership, reaching out to and running ads directly targeted at its small business membership. The White House has to tackle this head on, framing the issue clearly for people with the help of very clear TV and radio ads. The Chamber of Commerce is arguing that unfettered finance is good for small business. They are wrong.
As Tom Frank has asked, “What’s the Matter with Kansas?“
Saying Thanks…
December 20, 2008
A joint post to Scenarios and Strategy and (Roughly) Daily:
Back from points (way) East and into more direct radio contact again, your correspondent is digressing from the on-going consideration of futures [S&S] and curiosities [(R)D] to say a seasonal word of thanks to Readers. I am deeply grateful for your kind attention.
And while I’m saying thanks, a gentle request: one needs no reminding that this has been a tough year all around. But the brutal irony is that, like downturns past, this one hits hardest those who were already neediest. Efforts to eliminate poverty around the world are challenged not only by the reduced support/donations they receive in troubled times, but also by the expanding need– the growing number of families below the poverty line– caused by the downturn.
Two organizations are particularly effective in addressing the challenge:
The Rural Development Institute

RDI is an international nonprofit organization working to secure land rights for the world’s poorest people, those 3.4 billion chiefly rural people who live on less than $2 a day. Land rights are the single greatest asset for the world’s rural poor. For decades, RDI has used the law to bring land rights to the poor in a peaceful, fair and democratic manner: For 40 years, RDI professionals have worked with the governments of 40 developing countries, foreign aid agencies, and other partners to design and implement laws, policies, and programs that provide opportunity, further economic growth, and promote social justice. To date, RDI has helped provide land rights to more than 400,000,000 [!] people.

Heifer, another international not-for-profit, is the perfect complement to RDI, offering a series of services to the rural poor that enable them to rise above the poverty line– perhaps most famously, Heifer provides livestock with which families can work their plots, from which they can get milk, and with which, via breeding, they can share the “wealth” with other families.
While both RDI and Heifer forthrightly address poverty– and while that’s surely reason enough to be grateful to them– one should note that their work has powerful follow-on benefits. The careful research that both groups do has demonstrated that helping families out of poverty in these ways pays tremendous further benefits to the region’s environmental, educational, and public health efforts as well.
So, Dear Readers, a respectful request: as you think about last-minute Holiday gifts, and about year-end charitable giving, I hope that you’ll join me in saying “thanks” in this more concrete way– I hope that you’ll keep these two worthy causes in mind. (In fact, if one acts fast, one can multiply one’s largesse: thanks to the generosity of the Weyerhaeuser Foundation, a gift to RDI will be matched, dollar-for-dollar, until December 31.)
Again, thank you, Dear Readers– have the Merriest Christmas and the Happiest Holidays!
As we count our blessings, we might recall that it was on this date in 1917 that the Cheka, the secret police of Lenin’s new Bolshevik government in Russia, was formed. In 1923 it became the NKVD; then in 1946, the KGB; and most recently, the Administration of Vladimir Putin.
The Terms They Are A-Changin’…
October 18, 2008
In the coverage of the on-going economic unpleasantness, there’s been much attention paid to the market for debt and derivatives, and to the potential impact of the difficulties there. But the whole of the financial firmament is troubled, even the less-sexy domain of private equity investment in operating companies: the money that VCs, investment banks, and other wranglers of private capital put into companies with an eye to riding them to sale or an IPO. It’s not a huge market in comparison to the trillions of dollars in CDOs and default insurance traded in 2007, but it’s not peanuts: in 2006, there was roughly $400 Billion in this sort of VC and private equity investment activity in the U.S.; and perhaps more to the point, those investments drive the growth– and the much larger values– of the companies they fund.
In the last week, I’ve been awash in reports, some in the press, some from friends, of private equity investors leaning on the companies in which they have stakes to reprice those stakes– to give the investors more. The arguments from one case to the next are idiosyncratically different in their details, but they all have the same general thrust: “we made our investments expecting more growth than it now seems likely the company will achieve, so you (the company) should give us a bigger stake.”
Some of the take-back requests are coated in offers of interim financing, aggressively (read “punitively”) priced to accomplish the take-back. Others are more naked: “Just give me…”
As strikingly, these “requests” are made in a totally unapologetic way, with the confident brio that entitlement engenders– and often with the veiled (sometimes unveiled) threat that an unhappy investor will at best be unhelpful to the company in the future; at worst, an antagonist in court.
Importantly, in the cases of which I’m aware, the issue is in no way misrepresentation. The companies had plans on which the investors, after due diligence, invested; the plans were followed… and like essentially all plans, worked in some ways and not in others. The issue that called the question wasn’t any of that; it was the sudden dramatic downturn in the economy: credit is tight; anxiety is high; spending has dropped like a rock… a situation triggered– and to some extent at least, abetted, if not indeed caused– by the excesses of the very financial firms now doing the demanding.
I’ve been around long enough to have gone through several busts; I’ve learned that many (if not most) investors understand opportunism to be not just their right, but their obligation. (And indeed, I’ve seen some forms of opportunism contribute powerfully to turn-arounds.) But I’ve never seen opportunism practiced in such a rapacious way as these recent days– nor, I’d suggest, so desperately nor short-sightedly selfishly.
To a person, every one of the entrepreneurs I know who’s been approached in this way is some combination of offended and angry. They get it that the economy is troubled; they understand that current financings might be at valuations down from prior rounds. But they don’t– can’t– understand the rationale for revaluing those earlier investments. There was certainly no prospect that, if the economy hadn’t tanked and the companies had over-achieved their plans, the investors would have offered stock back… It’s a situation all too resonant with the first version of the Paulson Bail-out Plan: privatize the upside; socialize the risk.
Some of these entrepreneurs have no choice; they need cash, so they are holding their noses and swallowing the deals. Others are finding alternative ways to get by and to grow. But none of them will, I suspect, ever see their investors the same way again. None of them will ever again hear the representations of these members of the incumbent financing class with the same degree of trust (which is, I believe, a real shame for the private equity folks I know who are *not* behaving greedily, but who may be tarred by this brush).
It’s been suggested that the end of the liquidity glut that fueled private equity (at the same time that it fed derivative creation/kiting) may spell the doom of investment banking and private equity as we’ve known it. Certainly this kind of grab-back behavior by private equity investors suggests that it might. Like crabs clawing each other back into a pot of boiling water, these investors are behaving in a frenzied, self-interested–and in the end, self-defeating– way that feels very like a final act.
But surely there will be institutions doing business as “investment banks,” “private equity firms,” and “venture capital funds” into the future. And with any luck, they will play some semblance of the “old” private equity role, which has been– and should continue to be– central to fueling innovation and growth.
I console myself that, to the extent that this happens, it will be folks like my funder friends who are equitably and constructively supportive of their investments who will prosper. A. P. Giannini kept lending/funding on fair terms after the S.F. Earthquake of 06, and again through the Depression… and, even as banks failed around him in legion, built Bank of America into the trusted success that for decades it was.
Here’s to the Giannini’s of this century… The Kings are Dead. Long Live the Kings!
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