The Betrayed Investor
Americans bought into the idea that stocks could only make them richer. Then the market bubble burst -- and then came Enron
By Marcia Vickers in New York and Mike McNamee in Washington. With Peter Coy,
David Henry, Emily Thornton, and Mara Der Hovanesian in New York, and bureau reports
Business Week
February 25, 2002
It's 2 a.m., and Jim Tucci is staring wide-eyed at the ceiling--another sleepless night. Instead of counting sheep, he's anxiously tallying up how much he has lost in the stock market. Half of his $400,000 nest egg, he figures, has evaporated in just two years. Forget the retirement property on the Gulf Coast. Forget the long-planned trip to Italy with his wife. Tucci, a 60-year-old sales manager at a voice-recording company in Boston, admits he blew a wad on speculative tech stocks during the Internet bubble. But a year ago, he dove for safety in blue-chip stocks like IBM (IBM ), Merrill Lynch (MER ), General Motors (GM ), and Delta Air Lines (DAL ). Now, 40% of that is gone. Tucci feels suckered. "I'm paralyzed. I can't sell because I'd take such a big loss. I'm sure as heck not going to buy anything. And even if I were, who would I listen to for advice? No one seems to even give off a whiff of honesty about any of this stuff. These days, I just pray a lot."
Some 100 million investors--about half of all adult Americans--can relate to that.
They're the new Investor Class that has emerged over the past decade. Predominantly
middle-class, suburban baby boomers, they bought into the idea that stocks could
only make them richer. They exulted during the long bull market of the 1990s. But
they've lost $5 trillion, or 30%, of their stock wealth since the spring of 2000,
when the dot-com implosion launched the second-worst bear market since World War
II. It wasn't Monopoly money: It was earmarked for retirement, for college tuition,
for medical bills.
The Investor Class boomed in the 1990s as more and more people plunged into the
market. At the start of the decade, they had $712 billion in 401(k) and similar
plans, 45% of it in stocks. By the end of 2000, that had ballooned to $2.5 trillion,
with 72% in equities. Their holdings of stock mutual funds mushroomed, too. Over
the decade, the amount invested in them increased sixteenfold, to $4 trillion. By
the late '90s, the bull market had spawned the cult of equities. Not only did more
people begin pouring cash into stocks, but their holdings increased exponentially
as the indexes, especially the tech-laden Nasdaq, kept hitting new highs. CNBC and
others covered the stock market like Monday Night Football. Investors of all stripes
and sizes bought into the stock culture. Owning stocks--whether those of conservative
Procter & Gamble or racier Yahoo!--was being in tune with the zeitgeist, simply
a part of living in the '90s. "We were just riding the market, and we all felt like
we were brilliant because our stocks were going up," says James J. Houlihan Jr.,
an accountant from Fort Wayne, Ind.
The market's steep rise in the late '90s had a dramatic effect on business, too.
Companies merged and acquired furiously. Investors clamored for initial public offerings.
"Ventures were able to raise money much earlier in their life cycle, far before
any anticipated profitability. In a different era, some of those would have died
before getting funding," says David M. Blitzer, chief investment strategist at Standard
& Poor's. Millions of new jobs were created, and economic growth and productivity
soared. It was boom time. Then it went bust.
Today, the Investor Class is angry and disillusioned because it feels betrayed.
On the heels of Enron Corp.'s Dec. 2 bankruptcy filing--America's biggest ever--they
are questioning the very integrity of the financial system. And they won't be ignored.
They are a powerful group. Most--76 million, or a third of the adult population--are
baby boomers who grew up in the era of protests and social activism. Then, they
settled into comfortable middle-class prosperity. Once roused, they could again
become a force of nature. And they vote.
Suddenly the deck seems stacked against them, at a time when they expected to reap
the fruits of their prime earning years. Instead, they're getting poorer by the
day, while corporate insiders seem to make out like bandits: taking out millions
in personal loans on cushy terms, rewarding themselves with rich options, bonus
packages, and feather-bedded pensions. According to a Feb. 11 BusinessWeek/Ipsos-Reid
poll, 81% of investors don't have much confidence in those running Big Business.
And 68% have little or no faith that the stock market treats average investors fairly.
The result: The new Investor Class is losing its appetite for risk and is parking
its cash in unglamorous, low-yielding money-market funds and bank savings accounts.
Far fewer are opening brokerage accounts. And last year, investors slapped a record
341 class actions on brokers--lawsuits that could cost the brokers as much as $14
billion to settle--charging them with everything from issuing misleading prospectuses
to taking kickbacks for IPO allocations. Individual complaints for bad advice soared
as well.
How all this shakes out is vital to the health of the U.S. economy. If the crisis
galvanizes companies and government into cleaning things up, investors will regain
the confidence they need to put money to work in productive investments. The stock
market will rebound, and companies will get the funding they need to grow. But if
the malaise lingers, the bear market will drag on and the economy could suffer as
capital for entrepreneurial ventures and research and development dries up. For
sure, the fear that many big companies may be cooking their books makes for a much
riskier market. Some experts paint fairly extreme scenarios: "It could lead to a
rise in the cost of capital [and] lead to serious concerns about foreigners wanting
to invest in America," Senator Jon S. Corzine (D-N.J.), a former Goldman, Sachs
& Co. co-chairman, recently told the Senate Budget Committee.
With investor angst rising, Washington has swung into action. Never before have
the politicos faced the wrath of so many disaffected investors. In a highly partisan
atmosphere, Republicans and Democrats are both moving to shape post-Enron, confidence-building
reforms. Even conservatives who extol the virtues of deregulation, individual choice,
and private accounts for Social Security and medical care know they cannot promise
the magic of democratized investing, while the impression grows that the game is
rigged against the little guy. No fewer than 12 congressional committees are probing
the Enron scandal and rushing to hammer out reforms designed to do everything from
reining in Wall Street analysts to imposing tougher accounting rules on companies
and shoring up safeguards on America's retirement savings.
Rarely has Capitol Hill reacted so fast to a burgeoning market crisis. But it will
take more than dozens of rapidly crafted proposals and public posturing to restore
confidence. Suddenly, no one knows who to trust. In the BusinessWeek/Ipsos-Reid
poll, 54% of investors said they are concerned about the honesty and reliability
of the investment information they receive. "It's a strange time. People wonder
if the wool is constantly being pulled over their eyes. It makes for a very vulnerable
market," says Robert J. Shiller, economics professor at Yale University and the
author of the 2000 best-seller Irrational Exuberance.
Indeed, the Enron scandal and the swift bankruptcy of upstart telecom Global Crossing
Ltd. have cast a long shadow of suspicion about possible accounting improprieties
at company after company. The stock prices of energy outfit Calpine (CPN ), conglomerate
Tyco International (TYC ), and megabank J.P. Morgan Chase (JPM ) have been battered
because of questions about accounting practices. Even such blue chips as General
Electric Co. (GE ) and IBM are under the microscope. Americans who came to see their
free-market economy as largely immune to the cronyism that plagues many foreign
countries were shocked to see how Enron's cozy ties with its own accounting firm
inoculated it from scrutiny. "Enron has been elevated to a symbol," says Woody Dorsey
of Market Semiotics, an institutional forecasting service. "There's a whole new
level of uncertainty about profits, about the integrity of the accounting profession
and of Wall Street."
The usual investor watchdogs--the board, auditors, and regulators--all seem to have
been asleep or deeply conflicted about their roles. Even professional investors
are consumed with fox-minding-the-henhouse worries. In a Feb. 5 study by Wall Street
Reporter magazine, 43% of 322 professionals polled said that they are "extremely
concerned" about the potential for widespread financial-reporting fraud, and 61%
said regulators could do a better job.
Of course, the heavy hitters in Washington, on Wall Street, and in corporate boardrooms
contend that investors are overreacting. Says Treasury Secretary Paul H. O'Neill:
"While we may need to do some repair work, I don't believe that our system is broken.
We have the lowest capital costs of any place in the world, because we've demonstrated
that investors' money is safer here." These Establishment figures argue that the
economy seems to be picking up steam and that company earnings will soon start to
look better. Despite the flaws, they say, the U.S. still has the most rigorous,
reliable accounting system, and most companies follow the rules. "The market has
already responded to the potential of overstated profits in the same way it responds
to an unexpected negative event: ready, fire, aim," says Jeffrey M. Applegate, chief
investment strategist at Lehman Brothers Inc.
Even so, some analysts believe the market as a whole remains overvalued. The market's
price-earnings ratio is high by historical standards--despite today's low inflation
and interest rates. The S&P 500 stocks now trade, on average, around 21 times estimated
2002 earnings--down from around 25 near the March, 2000, peak but still way above
the historical average of about 15.
Worse yet, the e's in the p-e ratios could be substantially overstated. The worry
is that thousands of companies have consistently, and legally, overstated earnings
for the past few years. Robert Barbera, chief economist at Hoenig & Co., figures
most of the 26% operating earnings growth reported by S&P 500 companies from 1997
through 2000 was the result of accounting shenanigans. "I don't believe that the
earnings growth in the late 1990s was there," he says. That's because tactics such
as inflating earnings by excluding the cost of employee stock options from expenses
and relying on massive restructuring charges came into vogue. Even established companies
started using accounting voodoo, like turning the rising value of their pension-plan
assets into higher earnings and using so-called pro forma numbers.
But post-Enron, the accounting games are coming to a shuddering halt. For years
to come, investors may question the figures they accepted in the past. Financial
reporting is sure to become more conservative. So even when the market settles down,
reported earnings aren't likely to boom again and rekindle the force of the last
bull market. "It is not that we can't get back to where we were. We were never there
to begin with," adds Barbera.
That's especially worrisome because when a crisis like Enron occurs during a bear
market, stocks typically take about 12 months to recover, according to a study by
Crandall, Pierce & Co., a Libertyville (Ill.) investment research firm. And recovery
times from earlier stock bubbles are sobering. It wasn't until 1958 that the market
regained its inflation-adjusted 1929 pre-crash level, according to Yale's Shiller.
For two decades after 1929, the average real return for the stock market, including
dividends, was 0.4% a year, vs. the 25% investors became used to in the late 1990s.
Most economists doubt that history will repeat itself so cruelly. After all, the
U.S. economy is in much better shape now, and the stock market--though it may be
a riskier place than many new investors imagined--has a more level playing field
than it had in the post-Depression era.
Still, that's cold comfort for ordinary investors, who read daily about corporate
chieftains profiting from insider sales while their own portfolios shrivel. Says
Charles Prestwood, a 63-year-old retired Enron employee who lost practically all
of his $1.3 million savings, invested in the company's stock: "Something stinks
herethere are people at Enron who made millions selling the stock while we, the
rank and file, got burned." Such practices weren't confined to Enron. According
to SEC filings, Global Crossing Chairman Gary Winnick sold $734 million in shares
before the profitless company collapsed.
Arrogant execs are not the only targets of investors' ire. Morgan Stanley Dean Witter
analyst Mary Meeker, the onetime "Queen of the Net," pulled down a $15 million pay
package in 1999--the eve of the dot-bomb. There's no telling how much money analysts
such as Meeker cost investors with their interminable buy recommendations on Internet
stocks that eventually went bust.
Indeed, many Wall Street analysts seem to need their own analysts these days--those
of the Freudian persuasion. Eleven out of 16 analysts who follow Enron had buys
or strong buys on it as late as Nov. 8, despite a series of red flags ranging from
a $1.2 billion reduction in shareholder equity to an SEC probe. Part of the problem
is that few truly analyze companies these days. Says Paul Patterson, a utility analyst
at ABN Amro Inc. in New York: "Analysts don't want to be on the wrong side of a
stock that's going up."
What's worse, since they often get paid according to how much investment banking
business they can drum up for their firms, analysts play a dual role that is often
deadly for investors. At the height of the bull market, Salomon Smith Barney telecom
analyst Jack Grubman had buy recommendations on practically all the companies he
covered. During that time, Salomon was loading up on investment banking fees from
telecom companies, racking up almost $1 billion since 1997--more than any other
Wall Street firm. Now, nine of the companies Grubman cheered during the telecom
craze are trading for less than $1 a share. At least four are in bankruptcy.
No surprise, then, that shareholders are clamoring for more accountability. Most
want to see some of the high-profile execs and accountants who've misled them join
the ranks of the chain gang. In our poll, 89% of investors say they strongly favor
the criminal prosecution of corporate officials who are implicated in serious financial
fraud.
In an effort to placate an angry public, the New York Stock Exchange and the National
Association of Securities Dealers issued a proposal to the Securities & Exchange
Commission on Feb. 7 that would limit compensation that analysts can receive from
investment-banking activity. Other rules would restrict analysts' trading of stocks
they cover, ban them from reporting to their firm's investment bankers, and prohibit
them from promising favorable ratings to companies they cover.
Enron's collapse has also rocked the agenda of Washington's conservatives. For a
decade, GOP strategists predicted that the steady rise of the Investor Class would
create a powerful political force in their favor as shareholders saw that wealth
came from capital gains, not wages. The result would be an inexorable tilt toward
GOP-enshrined policies, such as across-the-board cuts in marginal tax rates, deregulation,
and budgetary restraint. Ultimately, the proselytizers insisted, the embrace of
the small-investing ethic would create a receptive climate for conservatives' choice
agenda. Empowered by the success of their self-directed 401(k) plans, they hoped,
stock owners would vote for policies that put individuals, not government, in charge
of retirement and health care.
Many voters still support choice, but the crown jewel of the agenda--replacing part
of Social Security with individual accounts invested in stocks and bonds--stalled
when federal budget surpluses ended. But officials like Lawrence B. Lindsey, President
Bush's chief economic adviser, think that the bear market hasn't shaken the agenda.
"The theme of all of the President's policies is to give people more control of
their lives--be it their tax money, retirement savings, or Medicare decisions,"
Lindsey says. "There's a recognition that we're in this for the long term."
Even so, investors' response to Enron--and the fear of more Enrons--has taught conservatives
a sobering lesson. The clamor for accountability in the financial system means more
rules and regulations in a sector they have spent decades trying to deregulate.
With "we told you so" Democrats also in full cry, there's a predictable result:
a regulatory stampede not seen since the savings and loan crisis of the 1980s. Democrats
were first out of the blocks, calling for limits on the amount of company stock
in 401(k) plans and moves to ease shareholder suits against corporate officers,
directors, and auditors. But GOP lawmakers are starting to fill the House and Senate
hopper with proposals. On Feb. 13, the Republican leadership of the House Financial
Services Committee introduced a sweeping set of reforms. They include the creation
of a Public Regulatory Organization to investigate auditing failures and discipline
errant CPAs, a ban on accountants consulting for audit clients, and increased funding
for the SEC's enforcement and corporation-finance divisions.
Despite bipartisan tears for Enron's victims, the parties are taking different approaches.
Democrats see Enron as justification for a strong assertion of government power
to outlaw conflicts of interest and even restore the ban on companies operating
in both the banking and securities industries. "We cannot legislate against greed,
but we can and should do what is possible to prevent greed from prevailing," says
Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.).
But in the GOP, proponents of investor empowerment are more likely to prevail. Treasury
Secretary O'Neill--charged by President Bush with proposing reforms in corporate
governance--and SEC Chairman Harvey L. Pitt don't think that Washington rulemakers
can anticipate "all the combinations and permutations of every business activity
in the world," as O'Neill puts it. Instead, they would cater to the Investor Class
with more transparency.
On Feb. 13, the SEC took a large step in that direction by announcing plans to impose
far stiffer disclosure rules on companies. Companies must produce quarterly reports
within 30 days, rather than 45, and their annual reports in 60 days, rather than
90. Significant trading in company stock by officers and directors must be revealed
immediately. Any important changes in business must be reported within days, including
waivers from corporate ethics rules or off-balance- sheet financing. Write-offs
large enough to affect a company's earnings must also be reported quickly. And the
SEC wants laws to bar serious corporate wrongdoers from serving in key posts again.
"We believe that we should not give officers and directors who betray their trust
a second bite of the apple," says Pitt.
O'Neill wants to hold both corporate CEOs and auditors responsible for ensuring
that investors are fully informed. CEOs would have to sign off on a checklist of
corporate health indicators--the 5 to 10 key factors affecting a company's future.
Top company officials would be personally liable if the list were incomplete or
misleading. Similarly, the Treasury chief is likely to propose that auditors give
their client companies performance ratings for the quality and completeness of their
financial controls. That would replace today's boilerplate audit opinions--a test
that few companies ever flunk.
Washington, is of course, responding to an angry Investor Class. That's not half
bad. But investors shouldn't let down their guard too soon. After all, what got
us to this sorry state was a willing suspension of disbelief about the laws of the
market. Real resources went to waste on dimwit dot-coms and overstocked telecom
gear. The irrational exuberance of the '90s was as harmful as the irrational pessimism
that could grow out of investors' feelings of betrayal. The best outcome from the
present wave of angst would no doubt be a return to commonsense investing. Investors
should place their bets on rationality, not the next skyrocketing stock.
The New Investor Class
Portrait of a 100-million-strong power bloc
HIGHLY EDUCATED
Most likely to have college, graduate, or professional degree.
MODERATE TO HIGH-INCOME
The vast majority earns more than $50,000 a year; nearly half top $75,000. A majority
of those earning $30,000 to $50,000 also invest.
OVERWHELMINGLY WHITE
Caucasians are by far the most likely to invest. African Americans and Latinos are
less than half as likely to invest as are non-Hispanic whites.
BABY BOOMERS
The most likely investors are between the ages of 35 and 49. People under 25 are
extremely unlikely to invest, while only about 40% of seniors are in the market.
SUBURBAN HOMEOWNERS
Some 60% of suburbanites are investors, while just under half of city and rural
folk are. Homeowners are far more likely to invest than renters.
MARRIED
When people get married, they think of the future. Couples are much more likely
to invest than singles, particularly young singles.
BICOASTAL
People on the East and West Coasts are most likely to invest. Southerners are the
least likely.
HIGHLY INFORMED
Investors tend to read a daily paper, regularly watch the evening news, subscribe
to magazines, and use the Internet.
POLITICALLY ACTIVE
Investors tend to be party loyalists: Republicans and Democrats are more likely
to invest than Independents. No ideology prevails. Active traders are strongly Republican.
WHITE-COLLAR/BLUE-COLLAR
Union members are more likely than nonunion members to invest. The most prominent
investors, however, are professionals and business execs.
NO GENDER GAP
Virtually the same number of men and women are investors. Active traders are mainly
men. Women form a majority of stock, bond, mutual-fund, and 401(k) holders.
Data: The Pew Research Center for the People & the Press
Poll: They're Fed Up (extended)
How badly has the Enron fiasco shaken confidence in the markets? An Ipsos-Reid
poll of 619 investors* conducted for BusinessWeek on Feb. 11 found that they don't
see Enron as an isolated case. They are not pulling out of stocks en masse, but
they want business to clean up its act and regulators to beef up policing. Highlights
of the poll:
THE ENRON EFFECT
Which of the following comes closest to your opinion about the Enron case?
It's a totally unique situation that applies only to Enron.....10%
It's an indication that some well-known corporations have begun using questionable accounting practices of the kind that got Enron into trouble....................................60%
It's proof that there may be an epidemic of deceptive accounting practices involving many well-known corporations....28%
Not sure........................................................1%
Looking ahead, how will the Enron case affect your actions as an investor in the next six months?
It will not seriously affect my investment decisions...........43%
It will make me much more cautious before I make an invest- ment in a particular company...................................41%
It will make me reluctant to invest any more in stocks until I get a better understanding of the extent of the problem......14%
Not sure........................................................1%
When you think about the Enron case, do you worry more as:
An investor who is not sure that the information is honest and reliable when you research which companies to invest ..........54%
An employee who is not sure your 401(k) plan will provide you with a comfortable, worry-free retirement......................29%
Both............................................................4%
Neither........................................................10%
Not sure........................................................3%
GIVE THEM MY MONEY?
Over the next six months, do you think you will probably invest in stocks or stock
mutual funds?
11/30- 11/28- 12/2- 2/11/02 12/3/01** 12/4/00** 12/7/99**
A lot more 4% 4% 7% 10% Somewhat more 25% 24% 35% 37% Reduce somewhat 13% 15% 13% 10% Reduce a lot 8% 9% 5% 5% Stay the same 47% 42% 32% 29% Not sure 4% 6% 7% 10% Total Invest More 29% 28% 42% 47% Total Reduce 21% 24% 18% 15%
REIN THEM IN
Do you favor or oppose the following proposals?
STRONGLY SOMEWHAT STRONGLY SOMEWHAT NOT FAVOR FAVOR OPPOSE OPPOSE SURE
Making top corporate officials who are found guilty of serious financial fraud liable for criminal prosecution 89% 10% 1% 1% --
Requiring executives to release to employees and investors more timely and accurate information about a company's financial health 87% 9% 2% 1% 2%
Beefing up the Securities & Exchange Commission auditing and enforcement division to increase federal policing of the accounting industry 47% 29% 12% 9% 2%
Reducing the time periods when participants in company 401(k) retirement plans cannot sell their shares 40% 21% 15% 16% 8%
Putting limits on employees' ability to invest in their own company's stock as part of their retirement plans 23% 23% 21% 31% 3%
Creating a new government corporation to handle corporate auditing, a move that would replace private accounting firms as primary auditors 12% 12% 22% 50% 4%
BUY AND HOLD?
In 2001, how many times did you make changes in your investments -- buying or selling
stocks or stock mutual funds either within or outside an employer-sponsored 401(k)
plan?
25 or more........................................................3% 15 to 24..........................................................3% 5 to 14.........................................................14% Less than 5......................................................38% None.............................................................39% Not sure..........................................................3%
* Out of 768 adults interviewed, 619 were investors; margin of error for investors:
+/- 4%
** BW/Harris Poll
The Fallout
Since Enron's bankruptcy filing on Dec. 2, the market has punished companies with any hint of murky accounting.
COMPANY STOCK FALL ACCOUNTING SINCE NOV. 30* ISSUE
CALPINE 60.3% Discloses a confusing contract with Enron on debits and credits
MIRANT 57.6 Moody's downgrades debt, warns of off- balance-sheet risks
TYCO 48.2 Spars with short-sellers over earnings- growth figures
AES 38.6 Announces earnings with a long list of adjustments
WILLIAMS 38.4 Delays full financial report to retally COS. off-balance-sheet liability
RELIANT 31.2 Delays 2001 results to restate earnings
QWEST 22.6 Telecom bankruptcies cast new doubt on accounting
CISCO 15.6 Haunted by $2.5 billion inventory write- down in 2001;new concerns over revenue padding
J.P. MORGAN 15.6 Reveals new risks from Enron off-balance- CHASE sheet vehicles
COMPUTER 14.6 Changes revenue accounting; Moody's ques- ASSOCIATES tions outlook
* Through Feb. 12
Data: Bloomberg Financial Markets, BusinessWeek
Post-Enron Reforms: What's Real and What's Not
The prospects for congressional action.
PENSION SECURITY
-- Employees can sell stock from company matching programs sooner. Count on it.
-- Employers can hire outside advisers to guide workers on investing their 401(k)
cash. A lock.
-- Employees get to elect trustees for 401(k)s and pension plans. Unlikely to pass.
CORPORATE ACCOUNTABILITY
-- Faster reporting of all insider stock trades. Excellent. Could happen in 2003.
-- Suing corporate officers for financial chicanery becomes easier. Dubious. Conservatives
oppose.
-- Companies must book stock options as an expense. Good. Has bipartisan backing.
FINANCIAL DISCLOSURE & TRANSPARENCY
-- Closer SEC scrutiny of financial reports. Certain. Commissioners have gotten
the message.
-- Investors get more company data and faster. Likely. Treasury Dept. will embrace
the idea, but the scope of the rules remains vague.
-- Crackdown on corporate tax shelters. Dicey. The worst may go, but new mutants
will emerge.
ACCOUNTING
-- New private-sector board to probe accounting failures and discipline auditors.
Certain.
-- Accountants can't consult for audit clients. Good. Big Five are already splitting
the roles.
-- Accounting rulemaker FASB overhauled to cut industry and political clout. Iffy.
Republicans prefer market-based reforms.
POLITICAL REFORM
-- Banning soft-money donations to political parties. Some measure likely. But corporate
cash will find new roads to politicians' pockets.
Copyright 2002 , by The McGraw-Hill Companies Inc. All rights reserved.