Xeno:
I really don’t even understand the distinction you’re trying to make when you’re claiming I lied… So whatever.
How about we try to set a precedent?
I’ve enjoyed this debate, and arguing with you, and it feels to me like one of those deep involved arguments that you have with good friends over beer.
But now we’re arguing about the argument itself and devolving into semantics which is something you, I, and elucidator have avoided for ten pages. We’ve been throwing ad hominems at each other, but nothing serious more like spice for the argument.
What say we drop the bullshit? Hopefully you wouldn’t have been doing this if it wasn’t fun. I know I wouldn’t.
Therefore I owe you and elucidator thanks for offering me the fellowship of good debate and the enjoyment it brings.
If I met you or elucidator I’d love to buy you guys a beer.
So what say we set an unusual precedent for the board and tone it down and return to civility, and fellowship?
You’re going to have to explain where you think I lied, because I’m not seeing it. If I see that you’re correct, I’ll express my regrets, and try to do better.
You seem to be saying that you take the disclosure that Bush helped with the financing of Aloha to IMR as an indication that he knew more than has been revealed.
I can see where you might find that to be the case and believe it sheds suspicious light on the SEC’s report.
The fact is though that it really doesn’t change anything.
As an audit committee member he would have had to have been aware that Harken was selling Aloha to this entity, IMR. he would have had to have been aware of the terms of the sale, and the financing.
That’s not been in question.
The key question is whether Bush knew that IMR was made up of insiders who were borrowing money from Harkens to purchase IMR at an (ostensibly) inflated price.
As it seems that whole purpose of the EE in setting up IMR was to hide where the money was coming from, and who was controlling it, from the auditors and the public at large, it hardly seems logical to assume that this would have been disclosed to Bush during arrangements of financing.
So to show you what has happening:
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Insiders from Harken on the EE borrow money from Harken at advantageous rates based on their position.
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They move this money to IMR of which they are in control, but who’s actual ownership is obscured.
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They use the money they’ve borrowed as a down payment to purchase ALOHA at an inflated price, and IMR finances the remainder through Harken.
ok so far?
As far as Bush is concerned IMR would appear to be a completely seperate entity to Harken, and he would have no reason to suspect otherwise, nor would the auditors or the shareholders unless someone told them otherwise.
The only reason the SEC was able to pick it up, was because IMR would have had to disclose its ownership to them. They wouldn’t have had to to anybody else.
So, the fact that Bush chaired the financing committee for the sale is hardly surprising, nor does it shed any new light on what knowledge we would expect Bush to have.
Now, why would the EE do it this way.
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It will show a big windfall from the sale of Aloha on Harken’s books giving them a nice looking quarter, and solves the current liquidity problem, thus protecting their own asses.
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It will cost them nothing since they’re financing it back to Harken with Harken’s own money (They were borrowing on what they were borrowing, and all to the same entity at root.)
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They may have been making money on the differential of interest being paid on loans from and to Harken through IMR
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They may have had plans to sell Aloha at a better price and keep the money for themselves, thus using Harkens’ own capital to defraud shareholders of the rightful proceeds of a genuine sale.
Those would be the possible motives for the EE in doing what they did. Perhaps there are others that I don’t see, but in every one of those it is absolutely imperative that they hide the ownership of IMR for the whole thing to work. The people they would most want to hide it from were the auditors and those responsible for disclosing germaine information to the auditors (the audit committee.)
You also wouldn’t want to tell the chair of the committee doing the financing, or allow him to know for the same reasons. He could blow the whistle (or worse yet demand a cut of the scam.)
You probably especially wouldn’t want to do it if the person in question was the son of the President, and in tight with the SEC.
If Bush had known, why wasn’t he in on the scam with IMR? You wouldn’t want to tell anybody who wasn’t in on it.
Also, it would have really really good for Bush to have blown the whistle if he had known.
Clearly Bush had political aspirations at the time, and it would have been a perfect opportunity to sacrifice a pawn (his position in Harken,) to win big points as a man who was cleaning up bad business. It would have looked really good for his Dad, the POTUS, too.
If Bush had known he would have been stupid three times:
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To not use his knowledge to cash in and try to get a piece of it (his liability would have stopped at knowledge and not have been increased by participation in the scam. He had everything to gain and nothing to lose)
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By not blowing the whistle. It would have made him and his Daddy look real good at a very opportune time, and wouldn’t have cost much in terms of influence or contacts since Harken was small potatos. The Bush’s would gain a lot of clout.
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By selling his stock publically at a time that would bring suspicion and an investigation down on him. If he was afraid Harken was going down their are other almost foolproof methods an unscrupulous person can avail themselves of to dispose of the risk of ownership. They would have been available to him, and he could have easily implemented them (again, I’m not going to post them. I’ll happily email Manhattan, and he can vouch for their workability as he’s familiar with these things, but I can’t post methods for breaking the law for obvious reasons.)
The SEC’s conclusion that Bush did not and could not have known follows logically from this. You see, even if we grant his stupidity and say he knew the ownership and financing of IMR itself, he would have had no real reason to suspect that the scam (and it looks more and more like scam it was) would be caught by the SEC and undone in the near future. There’s really no reason why it shouldn’t have worked, and the SEC did a really good job in catching it.
If only they had done so well at catching these things more recently perhaps there would not have been an Enron.
My personal guess is that the SEC got lucky in catching this, but it’s just a guess.
That’s pretty much why I’m pretty confident he didn’t know.
It would have been in the party’s involved best interests to hide it from him, and his actions are not consistent with someone who did know (someone of reasonable intelligence and/or scruples.)
And I don’t think Bush is that stupid that he would have played it the way he did if he did know.
Do you see?