Jump to content

Rep. Spencer Bachus faces insider-trading investigation


Justin5

Recommended Posts

Surprised this hasnt been posted yet.

http://www.washingtonpost.com/politics/rep-bachus-faces-insider-trading-investigation/2012/02/09/gIQA21Ui2Q_story.html?wprss=

Rep. Spencer Bachus faces insider-trading investigation

By Scott Higham and Dan Keating, Published: February 9

The Office of Congressional Ethics is investigating the chairman of the House Financial Services Committee over possible violations of insider-trading laws, according to individuals familiar with the case.

Rep. Spencer Bachus (R-Ala.), who holds one of the most influential positions in the House, has been a frequent trader on Capitol Hill, buying stock options while overseeing the nation’s banking and financial services industries.

The Office of Congressional Ethics, an independent investigative agency, opened its probe late last year after focusing on numerous suspicious trades on Bachus’s annual financial disclosure forms, the individuals said. OCE investigators have notified Bachus that he is under investigation and that they have found probable cause to believe insider-trading violations have occurred.

The case is the first of its kind involving a member of Congress. It comes at a time of intense public scrutiny of congressional ethics, with the House passing legislation Thursday to tighten rules against insider trading by lawmakers. The impetus for the legislation, a version of which passed in the Senate a week earlier, came from a “60 Minutes” report and a book mentioning Bachus’s trades, “Throw Them All Out,” by Peter Schweizer.

“The Office of Congressional Ethics has requested information and I welcome this opportunity to present the facts and set the record straight,” Bachus said in a statement issued Thursday by his spokesman, Tim Johnson.

Omar S. Ashmawy, OCE staff director and chief counsel, declined to comment. “The office does not confirm or deny whether an investigation is taking place.” Chief counsel for the House Ethics Committee, Dan Schwager, also declined to discuss the case. “The committee doesn’t comment on specific matters or allegations,” he said.

OCE investigators are examining whether Bachus violated Securities and Exchange Commission laws that prohibit individuals from trading stocks and options based on “material, non-public” inside information, said the individuals, who spoke on the condition of anonymity because of the sensitivity of the matter. The office also is investigating whether Bachus violated congressional rules that prohibit members of Congress from using their public positions for private gain.

In recent years, Bachus has made numerous trades, some of them coinciding with major policy announcements by the federal government and industries under his congressional oversight, according to a review of his financial disclosure forms by The Washington Post.

Most of his investments are for less than $10,000, and almost all involve options rather than stock purchases. The options allowed Bachus to buy or sell stocks at certain prices in the future — betting that the value of those stocks will rise or fall.

A Fidelity brokerage statement Bachus submitted for 2008 shows that he made $30,474 in short-term investments, many of them bought and sold in a matter of days, sometimes during the same day.

The former member of the House Transportation and Infrastructure Committee made several options bets on railroads. While President George W. Bush’s fiscal stimulus bill was being crafted in summer 2008, Bachus bet that the stock of Burlington Northern Railroad would rise, and he cashed out that July for a $16,588 profit. In August, he made the same bet but lost $2,900.

On Sept. 18, 2008, at the height of the economic meltdown, Bachus participated in a closed-door briefing with then-Treasury Secretary Hank Paulson and Federal Reserve Chairman Ben S. Bernanke. At the time, he was the highest-ranking Republican member of the Financial Services Committee. According to a book Paulson would later write, the topic of the meeting was the high likelihood of decline across the entire economy if drastic steps were not taken.

The next day, Sept. 19, Bachus traded “short” options, betting on a broad decline in the nation’s financial markets, and collected a profit of $5,715. Also that day, he cashed out options in which he had bet that General Electric stock would rise, and collected a $12,713 profit, before GE’s stock price started to tumble, The Post found.

The short options betting on an economic downturn were reported in “Throw Them All Out,” which was the basis of the “60 Minutes” story, which aired Nov. 13. Bachus criticized the reports, calling allegations that he engaged in insider trading “absolutely false.”

But the book inaccurately said Bachus bet on GE’s price to fall rather than rise. Schweizer acknowledged his mistake but said it made no difference to his larger point.

In a letter to the publisher, Bachus attacked the book for the mistake about GE. “The book is absolutely false and factually inaccurate when it states that I ‘shorted General Electric options’ and did so ‘four times in a single day.’ ”

He also said there was no inside information provided in the briefing by Paulson and Bernanke.

“The idea that I or anyone else needed this meeting to know our financial markets were in trouble is just laughable,” he wrote in the letter. “You would have to be living under a rock not to know by September 18, 2008 that the economy was in bad shape.”

He said a press conference held immediately after the briefing revealed what was discussed.

“This meeting was so ‘secretive’ that members of the press knew about it beforehand, were waiting outside the door, and a press conference was held immediately after the meeting to inform the public about what we discussed,” he wrote.

In October, Bachus bet on the market going up, but this time he lost $21,558.

Bachus said he gave up his “hobby” of trading when he became chairman of the Financial Services Committee after the Republican takeover of the House in November 2010. Although he has sometimes made money on trades, his financial disclosures indicate that his net worth has been cut in half during his time in Congress, declining from up to $2.3 million in 1995 to up to $1.1 million at the start of this year.

Bachus was elected in 1992. Before coming to Congress, he served in the Alabama Senate and worked as a lawyer. He is originally from Birmingham and lives south of the city in Vestavia Hills.

The Senate passed its version of the Stock Act last week. The legislation will make it easier for SEC officials to prosecute insider-trading cases against members of Congress, their staff and top officials in the executive branch. It will also require them to disclose all stock trades every 30 days.

Earlier stories in The Post and the Wall Street Journal described the lack of stringent rules governing Congress and the conflicts presented by assets owned and traded by lawmakers and their public roles. Post stories detailed the reporting weaknesses in the disclosure system, which cannot be electronically searched. The Stock Act requires electronic filing of disclosure forms.

Differences between the measures will be taken up in a conference committee.

The Office of Congressional Ethics was created in March 2009 in response to public criticism that the House Ethics Committee was failing to properly police its members.

The OCE conducts independent investigations into allegations of misconduct against members, officers and staff. However, its powers are limited. It cannot compel a member to cooperate with an investigation, and it does not have subpoena powers.

Once the office completes its investigations, the results are forwarded to the ethics committee. That committee has the final say on whether a violation has taken place and what sanctions, if any, should be imposed.

Link to comment
Share on other sites





Surprised this hasnt been posted yet.

Why?

1. Its an Alabama member and this is a forum with many Alabamans.

2. The case is the first of its kind.

3. Insider trading in Congress is one of the hot topics in national news.

4. Story came out 3 days ago.

5. He's the chair of the Financial Services Committee so its kind of a problem.

Link to comment
Share on other sites

If there is any question about insider trading then I am glad he is being investigated. I hope that any other lawmaker in a similar situation is also investigated. If he did anything illegal then I hope he gets nailed to the wall.

Link to comment
Share on other sites

I honestly hadn't seen it. And before you tell me to look at other sites besides Fox News, I almost never go to their site. My first news site I check every day is MSNBC, then CNN, then the local one. But I have been busy taking care of the girls these weekend while my wife was out of town.

If this is true, nail him to the wall.

Link to comment
Share on other sites

I found this interesting in that alabama state senator Scott beason announced last week for the republican primary against Bachus. Then this ethics inestigation against Bachus, a 10 term congressman is announced.

http://blog.al.com/spotnews/2012/01/state_sen_scott_beason_i_felt.html

Link to comment
Share on other sites

It would have made more financail sense to made sure gambling got put on the ballot in Alabama

Link to comment
Share on other sites

If Congress wanted, they could investigate over half of them and make it stick. Add in the Senate and White House, and we'd get to vote on a whole host of new candidates come November. If he is convicted, nail him to the wall.

Link to comment
Share on other sites

Surprised this hasnt been posted yet.

Why?

1. Its an Alabama member and this is a forum with many Alabamans.

2. The case is the first of its kind.

3. Insider trading in Congress is one of the hot topics in national news.

4. Story came out 3 days ago.

5. He's the chair of the Financial Services Committee so its kind of a problem.

My question "Why?" was really asking when did you first see it? When you posted that was the first I had heard of it.

Now I have another question. When you said "Surprised this hasnt been posted yet." were you implying the conservatives here wanted to hide the information? That's not the case. As others have stated I will as well, if he is guilty prosecute to the fullest extent of the law.

No deflection.

No rationalizing.

No making excuses.

Just prosecute.

Link to comment
Share on other sites

I just said I was surprised. No need to get defensive. Again, I thought a story about an Alabama member would be posted. I was surprised it had not. Thats it.

I saw it last Friday, but I normally dont post topics so I figured someone would catch it.

Link to comment
Share on other sites

I just said I was surprised. No need to get defensive. Again, I thought a story about an Alabama member would be posted. I was surprised it had not. Thats it.

I saw it last Friday, but I normally dont post topics so I figured someone would catch it.

I tend to think that you were implying something other than what you have admitted to, but I certainly may be wrong again. Either way, thanks for posting!

Link to comment
Share on other sites

It has not gotten much publicity so far. I heard it first on a local Bham TV station.

It is surprising in that:

1. Bachus is the Chairman of the House Committee on Financial Services.

2. It's an election year with the republican primary coming in a couple of months.

3. The republicans run the house. The dems typical kept ethics investigations in non election years.

4. They are in he midst of adding Congress to the laws regulating insider trading.

Anyway this is just a US House ethics investigation. So worse case he is dismissed from the House and fined, or just fined, or cleared, but his reputation hurt in an election year.

Link to comment
Share on other sites

Why not make those "serving" in congress put their investments into a blind trust while in office? That would keep this from happening.

They would just pass the insider info to their political pals in private business. The ones that fund their campaigns. Probably already illegal.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...