WSJ 9/10/03
| Learning
the Hard Way
Universities around the world are plagued by a host of intractable problems—except in America. What are they doing right? By
Barbara Kantrowitz Sept.
15 issue — Rome’s
La Sapienza university has endured seven centuries of war and political
upheaval. But as school begins this fall, students at Europe’s largest
university face a hardship of a different kind: nowhere to sit. |
Ordinarily, the operations of the New York Stock Exchange go unremarked. But disclosure of Richard Grasso's hulking compensation has caused eyebrows to shoot up. Critics are shocked! shocked! shocked! that the head of a not-for-profit, quasi-regulatory concern could amass about $140 million in deferred compensation without putting a penny at risk. Meanwhile, supporters are smug and righteous that the person who manages the world's leading stock exchange deserves every million.
Standards of opprobrium aside, making judgments about Mr. Grasso's compensation is a mug's game. The Big Board is not a public company where additions or subtractions to shareholder value can be measured. Rather, it is owned and run by its members (though not all members knew, or approved, of Mr. Grasso's compensation). As the head of a company enjoying an unusually dominant position in its industry -- or, as some say, enjoying a monopoly lock -- Mr. Grasso's compensation is part of the monopoly profits extracted. Not to put too fine a point on it, but this great symbol of American capitalism is not a capitalist institution and its operations, including salaries, are not subject to any usual kinds of market discipline.
Here are two quick examples of how competition is limited. On the trading side, consider the so-called trade-through rule. The original notion was to make sure that stocks were bought and sold at the best price available, no matter the trading venue. If the NYSE has the best price for IBM shares, then the order should be directed to the NYSE. Sounds great, right? Except in practice. Because it takes longer to complete a trade on the NYSE than in some other markets, by the time the order comes up, the price may have vanished. In fact, "best" price is often just a "maybe" price. Beyond being irritating in the extreme, this slowness creates a big problem for traders. If a trader sees that the price has slipped away while she is waiting for the NYSE to respond, she cannot cancel her order instantaneously. If her bid is hit in another market, and then hit 15 seconds later on the NYSE, she finds that she has bought double the amount of IBM.
Thus, those who value speed and certainty of execution and would rather trade on speedier, more certain markets, don't. That's why about 80% of trading in listed stock is done on the NYSE.
And consider company listings. The Big Board operates with a rule that makes it almost impossible for companies to delist once they sign on. Under the aptly called "roach motel rule," a company wishing to shift its listing to another market has to jump through expensive and time-consuming hoops. Most decided not to check out. Under pressure, the exchange recently suggested repealing this rule.
Simply put, Mr. Grasso's out-sized compensation cannot be judged by the usual canons of executive compensation. It's hard to make the case that he is the leader of a company that must fight, day by day, for profitability in a competitive market.
As damning, Mr. Grasso's compensation cannot be considered in light of his record. No doubt the late 1990s were good for the NYSE -- volume soared, listings multiplied and stock prices roared. But times were also good for other trading venues, here and abroad. However talented Mr. Grasso may be, he didn't make investors all over the world want to trade. As Benn Steil, economist at the Council on Foreign Relations remarks, "Crediting Richard Grasso for a bull market is like crediting the groundskeeper at Yankee Stadium for the Yankees."
Nor can he be credited with making the Big Board the world's leading stock exchange. Many, many decades ago, rules and regulations, most of them sanctified by the Securities and Exchange Commission, gave the NYSE the bulk of trading. The result was, as the exchange reminds us day and night, the most liquid market. But the existence of a "most liquid market" creates a Catch-22. Everybody wants to trade where the liquidity is and liquidity is where everybody trades. Since no trader wants to be the first to move to another market -- no matter how much better that other market might be -- the incumbent market always has the advantage.
As the incumbent, then, the NYSE is bound to log good performance. No matter who sits in the chief executive's chair. Indeed, it's only a tiny stretch to suggest that any one of the exchange's janitorial staff could have done as good a job as Mr. Grasso. All of which makes Mr. Grasso's salary and compensation a prime example of what economists call economic rent. Payment is well above the minimum required to make available his executive services. Of course there is a bigger issue with Mr. Grasso's compensation. While the compensation committee was busy shovelling millions of dollars of economic rent to him, were they scrimping on resources necessary to perform the exchange's regulatory function? This is in fact the question raised by the SEC in a recent letter to the exchange.
No doubt lots of delicious stuff will be revealed in the coming months. And it might turn out that Mr. Grasso's compensation was reasonable given his contributions. But the fact remains that his achievement would seem more solid, and his compensation more just, if the conditions under which he labored were truly competitive. Anybody can shoot fish in a barrel.
In regard to your Sept. 4 editorial "Grasso's Giant Payday" about the controversy surrounding the compensation of Dick Grasso, New York Stock Exchange chief:
You state, "Mr. Grasso works for the board of the exchange, controlled in turn by the `specialist' firms that essentially own the exchange." Really? The Board of the New York Stock Exchange has 27 members of which four come from the floor community; three of these are specialists (though only two currently sit on the board). Members include such luminaries as Madeleine Albright, Juergen Schrempp and E. Stanley O'Neal. They would be interested to know that three specialists control them and their fellow members. Not even the exchange's harshest critics or fiercest competitors believe that.
Valid arguments exist as to the merits of various trading systems but your referral to "the floor-screaming model of stock trading versus the quietly humming room of computers model" displays a clear bias. Apparently you haven't been on the floor of the NYSE -- 99% of our orders are delivered electronically. One of the first impressions of most new visitors to the floor is how quiet and organized trading is compared with their expectations. Our open outcry auction trading system is the most fair, efficient and transparent pricing mechanism in the world. The "many" that you refer to that consider ours an "obsolete business model" tend to be our competitors. They prefer to treat order flow as a commodity, allowing them to buy it, sell it and trade against it to maximize their profits at the expense of investors. We believe in matching investor orders directly so they trade with each other to the investors' benefit.
Your assertion that specialists own the exchange and so reward Mr. Grasso for keeping a system that benefits them rather than investors is absurd. We invite any member of the Journal's editorial board to visit our floor and see for themselves how human interaction combined with advanced technology best serves the investing public.
David Humphreville
President
The Specialist Association
New York
In an unexpected move that involved possibly doctored Treasury documents, an expensive full-page advertisement in the New York Times and a lot of heat over cash-balance pension plans, the House passed an amendment that could prevent the Treasury from issuing controversial pension regulations.
Rep. Bernie Sanders, a Vermont independent, offered the amendment, which was tacked on to an appropriations bill, to stop the Treasury from issuing final regulations on cash-balance pension plans -- regulations that have been on the drawing board for more than 15 years. The vote passed 258 to 160, with 65 Republicans and 192 Democrats in favor.
Cash-balance plans are controversial because they usually cut pensions for older workers. In late July, a federal district court in Illinois concluded that International Business Machines Corp.'s cash-balance plans had discriminated against older workers.
Mr. Sanders and his co-sponsors, who include Reps. Gil Gutknecht (R., Minn), George Miller (D., Calif.) and Maurice Hinchey (D., N.Y.), say the Treasury regulations would have reversed the court's decision in the IBM case. "The court found that IBM knew that older workers would lose up to 47% of their pensions under the cash-balance conversion," Mr. Sanders said. "Now the Treasury is about to help employers make an end run around the courts and illegally cut pensions."
Although the final regulations haven't been issued, the Treasury is widely viewed as sympathetic to employers in pension matters, and in December issued proposed regulations that said cash-balance plans wouldn't be subject to age-discrimination rules.
Hundreds of large employers have adopted cash-balance plans, which usually save companies money by cutting pensions for older workers, and indirectly boost earnings by cutting pension liabilities.
The adverse decision in the IBM case alarmed employers, which are seeking favorable regulations from the Treasury, which they hope will aid them in their cases in the courts.
On Monday, an IBM lobbyist, Susan M. Siemietkowski, sent a document she called the "Treasury's statement of opposition" to various lawmakers' staffs, including Mr. Gutknecht. The Treasury document, on official Treasury letterhead, noted "Treasury Strongly Opposes the Sanders Amendment" and advised lawmakers to oppose the amendment, which it said "will weaken the defined benefit system."
Tara Bradshaw, a spokeswoman for the Treasury, said the agency didn't issue the document. "It is a Treasury generated fact sheet stating our position on a set of [past] amendments that were never offered. However, they were not sent in the format you provided and, therefore, appear to have been doctored."
She said the Treasury had prepared an earlier document pertaining to an amendment offered by Mr. Sanders last year, but that the original document was "designed for informational purposes and was not formally released," she said. "We were not aware the document had been circulated beyond a very limited number of select staff."
IBM spokesman Bill Hughes says, "We received the document from the Erisa Industry Committee, and we understand it was prepared by Treasury and distributed to members of the House last week. We believe that the document was not changed from what the Treasury distributed." He added, "We're doing everything we can to get to the bottom of this."
The IBM lobbyist also sent lawmakers a document titled "IBM-Wash Post.doc," which included text that appeared yesterday, in full-page ads in the New York Times and the Hill, a daily newspaper for members of Congress and their staffers.
The Microsoft Word document labeled its creator as Richard C. Shea, a lawyer at Covington and Burling, which is defending IBM's case.
When asked if he wrote the advertisement, Mr. Shea said no. When told that his name was attached to the document, he said he was aware of "various versions" of the ad "floating around," and said he didn't write it. He declined to say whether he was involved in the ad campaign, saying one of its sponsors was a client and hadn't authorized him to discuss it. "It's possible someone took a document I had originally drafted and prepared a new one on top of it," he said.
The ad carried the headline "Don't Destroy America's Pension System," and said the Sanders amendment would "outlaw vast numbers of pension plans." It was signed by a handful of lobbying groups, including the Erisa Industry Committee and the American Benefits Council, lobbying groups to which IBM belongs, and paid for by Erisa Industry Committee. Also listed was the Coalition to Preserve the Defined Benefit System, an employer lobbying group. The Web site for the coalition doesn't identify its members. However, the site's address is registered to Watson Wyatt, a consulting firm that is IBM's actuary, and which helped it implement its cash-balance plan.
When asked about Watson Wyatt's relationship to the coalition, Eric Lofgren, global director of the firm's benefits-consulting group, says Watson Wyatt was "in at the birth" of the coalition "with a bunch of employers," and functions as an adviser to the group.
Last year, Mr. Sanders offered a similar amendment, which passed the House 308-121, with most Democrats and 47% of Republicans voting in favor; it ultimately was stripped from the final bill.
Sen. Thomas Harkin (D., Iowa) also is expected to introduce a limitation amendment aimed at preventing the Treasury from issuing cash-balance regulations. If the reconciled amendments ultimately pass, the final regulations on cash-balance plans won't come out for another year.
It's too early to shout banzai! but the Japanese economy is actually improving for the first time in years. We'll now see if Prime Minister Junichiro Koizumi can use this momentum politically to follow through with his long-promised structural reforms.
Japan recently announced the sixth successive quarter of growth, and economists are predicting GDP growth of around 2% for calendar year 2003. This may not sound like much, but for an economy that has poked along at little more than 1% a year over the past decade, this is nothing to sneeze at.
It's particularly encouraging that the current recovery is led by domestic demand, unlike last year's export-driven growth. In the April-June period, Japanese companies' capital spending rose 6.4% from a year earlier. Even consumer spending is up, accompanied by a drop in Japan's famously high savings rate.
Accelerated demand is essential for putting an end to one of Japan's primary economic woes: deflation. Yet in the past decade Japan has seen several brief pickups in demand that ultimately led nowhere. The real challenge is restoring a virtuous cycle of rising domestic investment, production and consumption.
That won't happen until Japan cleans up its banking system. Banks are still overwhelmed with bad loans and continue lending to companies that would provide great benefits to the economy if they were allowed to fail. Deflation, which increases the real burden on debtors, is both a symptom and a contributing factor to the bad-loan mess.
Unfortunately, Japan's official reactions to previous economic spurts do not give grounds for optimism. In 1997, for example, the government responded to a brief upturn in the economy by raising taxes. This time around one immediate danger is not a policy blunder, but is complacency. There is still quite a lot to be done, and the biggest mistake Japan could make would be to see recovery as a sign that further reform is unnecessary.
Treasury Secretary John Snow lavished Mr. Koizumi's government with praise during his recent visit, going so far as to say that he was "heartened" by the efforts of Japan's companies to clean up their balance sheets. It is true that the prime minister has made some promising efforts in this regard, but there is still much further to go than Mr. Snow's remarks would suggest. Last year, Mr. Koizumi and his financial-services minister put together a plan aimed at stopping lending to deadbeat companies but the reform measure was watered down in the legislature.
The Japanese government estimates that the country's banks hold about $370 billion in bad loans, although some economists estimate that the real figure is three times as high. The recent nationalization of Resona, the nation's fifth-largest bank, marked some progress in Mr. Koizumi's initiative to stop banks from cooking the books. But still worrying is the vague loan-classification system that allows banks to portray dubious loans as "healthy."
The pickup in economic growth offers Mr. Koizumi what is probably his last chance to push through structural reforms. The Liberal Democratic Party holds leadership elections next week -- he's expected to win -- and he's been out on the stump this week sounding his old themes of fighting deflation and restraining the growing public debt.
In all this, Mr. Koizumi has one powerful weapon: public approval, which remains above 50%. After he came to office in April 2001, his sky-high opinion poll ratings let him overpower his opponents and introduce a 30-trillion-yen ($257 billion) cap on bond issuance as well as postal privatization measures. Last year, Mr. Koizumi's temporary drop in popularity allowed the LDP old guard to eviscerate his tax reforms.
And while many in the LDP despise Mr. Koizumi's proposed reforms, they also realize his popularity may be the only thing keeping the party in power. With a general election looming, Mr. Koizumi has a chance to use his approval ratings to subdue critics in the LDP who would love to undo his initiatives and try to put Japan Inc. back in business.
Mr. Koizumi likes to think of himself as a reformer. For the sake of global growth, let's hope he takes advantage of the current upswing to push through the reforms needed to make this Japanese recovery last.
LOCATION, LOCATION, location.
Looking to invest in rental real estate? Here's my advice on location: Try the stock pages.
I get a steady stream of e-mails from readers, asking about the virtues of investing in apartments and vacation homes. My response: If you really want to invest in rental real estate, buy equity real-estate investment trusts, or REITs, which make their money by purchasing and then renting out offices, shopping centers, apartments and other properties.
To be sure, if you invest in rental property, you could increase your returns with leverage and your rental income may dwarf the dividends you receive from REITs. Even so, I would still lean toward REITs, because there are fewer hassles, less risk and far lower costs.
-- Weighing Returns: Equity REITs have lately been on a tear, with share prices up a cumulative 31% over the 3 1/2 years through June 30, according to Washington's National Association of Real Estate Investment Trusts.
But property prices have also been rising smartly. If you had bought a rental property in late 1999 and it appreciated at the same rate as other homes, you would have made 28% over the same 3 1/2-year stretch, according to home-finance corporation Freddie Mac.
That 28% gain, however, isn't really comparable to the 31% return from equity REITs. One reason: REIT returns benefited from leverage. Currently, REITs have debt equal to a little under 50% of their total capitalization. That's like owning a $200,000 property with $100,000 left on the mortgage.
When folks buy rental properties, they often also use leverage. Suppose that, 3 1/2 years ago, you put down $100,000 on a $200,000 house and the home's value climbed 28%, to $256,000. Thanks to the leverage involved, your gain would be 56%, with your $100,000 down payment growing to $156,000.
Unfortunately, however, you wouldn't have pocketed nearly that much. Why not? First, there would be the often-exorbitant cost of first buying and later selling the property. Second, that leverage would come at a cost, in the form of hefty monthly mortgage payments.
People sometimes argue that rental properties are a better investment than REITs, because you can employ more leverage. But this argument doesn't impress Chris Mayer, a finance professor at New York's Columbia Business School. He points out that, if you really want a leveraged play on real estate, you could open a margin account at your favorite brokerage firm and buy REITs with borrowed money.
"To which people say, that's really risky," Prof. Mayer recounts. "To which I say, it isn't any more risky than taking out an 80% loan on a piece of rental property."
-- Comparing Yields: While price appreciation gets all the attention, the biggest gain from both REITs and rental property is likely to be the yield. That yield is the dividends you receive from your REITs and the rent you get from your tenants.
Currently, equity REITs yield an average 6%. It doesn't cost much to collect that yield. If you invest through a no-load REIT mutual fund, there's no expense when buying and selling. Your only costs are the fund's annual expenses and trading costs, plus taxes if you held your fund outside of a retirement account.
What about rental property? The yield will vary from city to city. If you rent out a single-family home in Los Angeles, you might collect annual income equal to 6% of the property's value, figures James Joseph, owner of Century 21 Grisham-Joseph in Whittier, Calif. Meanwhile, Sean Conlon, co-founder of Century 21 Sussex & Reilly in Chicago, figures the yield in his city might be closer to 7%.
But once again, both leverage and costs come into play. If you took out a mortgage to buy your rental property, the yield as a percentage of your down payment would be higher than this 6% or 7%. But unfortunately, you would also face a truckload of ongoing expenses, including maintenance costs, homeowner's insurance and taxes. Add it up, and I suspect a lot of rental-property owners will find they could fare just as well with REITs.
Still, if you buy rental properties in depressed real-estate markets, the yields could be much higher than the 6% and 7% cited above. But high rents don't necessarily translate into high total returns. Indeed, a hefty yield may indicate that home prices won't rise a whole lot.
-- Considering Risk: While you can't be sure whether REITs or rental properties will perform better, REITs do have one undeniable advantage: They are a lot less risky.
If you invest in a rental property, you are banking a ton of money on a single piece of real estate, rather than getting the diversification of REITs. Moreover, there is the problem of collecting those rent checks. "If it takes you three months to evict a tenant, you're out a quarter of that year's return," Prof. Mayer notes.
The bottom line: Owning REITs is not only less risky, but it also involves far fewer hassles. "It's easy to describe the difference" between REITs and rental properties, says William Bernstein, an investment adviser in North Bend, Ore. "One is an investment and the other is a job. It all depends on your tolerance for broken toilet bowls and psychopathic tenants."
Housing Your Dollars
Here are five no-load, low-cost real-estate funds to consider.
ANNUAL MINIMUM
FUND EXPENSES INVESTMENT
Fidelity Real Estate 0.87% $2,500
T. Rowe Price Real Estate 1.00 $2,500
SSgA Tuckerman REIT 1.00 $1,000
TIAA-CREF Real Estate 0.45 $2,500
Vanguard REIT Index 0.27 $3,000
Source: Morningstar Inc.
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