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How The Federal Government May End Up Paying Its Own Fine

9/29/2015

8 Comments

 
...or maybe we should call it a lesson in identifying good guys vs. bad guys?

Hey, Feds, your right hand should introduce itself to your left hand.
This article in Vista Today informs that FERC bad boy Rich Gates will apply for a "Whistleblower" reward from the U.S. Securities and Exchange Commission for his work in exposing Credit Suisse's "dark pool" after the penalty is announced.  Gates estimates he could be in line for a reward in the neighborhood of $5 - $15 Million.

Meanwhile, the Federal Energy Regulatory Commission has fined the other Gates twin $30M for alleged "market manipulation" for exposing a loophole in PJM's poorly designed energy markets.

So, if Rich Gates takes in $15M from the SEC, could he use that money to pay off part of the FERC's $30M fine (assuming FERC can make it stick in court)?  I'd say that's some pretty smart money management!

Next up... will Disney be making a good twin vs. bad twin flick starring Rich and Kevin Gates?  This story has been done many times over, but I think some government employees might relish the chance to prance across the big screen as cartoon characters set to an inspiring theme song and cymbal-crashing, energizing score.

Rich can play the "good" twin, who developed tests of buying and selling the same security in numerous dark pools or exchanges to see if anyone was getting in front of client’s trades, as chronicled in Michael Lewis's book, Flash Boys.

Kevin can play the "bad" twin, who performed a similar test of PJM's MLSA payment market and ended up making money that would have gone to certain gigantic utility holding companies if not for his participation in the market and exposure of PJM's poor market design.

But, wait, which twin is good, and which twin is bad?  They sort of look the same to me.  Like maybe identical?  Both twins demonstrated that they were much smarter than the regulators who are supposed to be monitoring both markets.  Maybe it depends on where in the federal government you're standing when you blow your whistle.  By offering a reward for whistleblowing, the SEC demonstrates that it could actually be helped by those who expose things the agency wasn't smart enough to catch.  On the other hand, FERC punishes those who expose things they weren't smart enough to catch.  I don't think FERC offers any rewards for exposing utility scams.  In fact, it punishes those who expose incumbent utilities, dumb market design, and lazy regulation.

But now it can all end well, like it did in Disney's The Parent Trap, when the twins switch places and the SEC reward pays FERC's penalty... and they all live happily ever after.
8 Comments
Kevin Gates
9/29/2015 05:24:07 am

It's noteworthy that Rich's trades in the equity markets were undisputed WASH TRADES that he did with the objective of losing money. (See para 47 of Mayhew's position paper that's posted on ferclitigation.com.) He consulted with outside securities counsel before he did those trades. This all occurred BEFORE Rich and Kevin became aware of Alan's A--> B, B--->A spread trading.

It's a shame that the SEC has gotten so criticized in the press, whereas FERC has received accolades for its "tough" enforcement division. I've learned that sometimes, things aren't what they seem to be. Or, anywhere close.

Reply
custom writing link
9/29/2015 10:35:14 am

I reckon there is some negotiation between them because I can't believe that Rich and Kevin could pass all laws and rules. I watched "Whistleblower" that opened my eyes on many things. If there is a corruption in UNO than what can we say about governments. Anyway, we shouldn't give up and keep watching and make announcements in press.

Reply
Keryn
9/29/2015 10:51:41 am

Now that's some really "custom" writing. Here in America we call it nonsense. Ordinarily, I'd delete your spam, but I just can't bear to part with the "customized" part where Rich and Kevin pass all laws and rules. Ut-oh. Payback's a real bitch.

Reply
Eric Morris
10/1/2015 07:27:11 am

Rich, maybe the FERC action is the government's way of sending you to the psych ward, though I agree government is the one being crazy here.
http://advanceindiana.blogspot.com/2015/10/a-word-of-caution-to-impd-about-whistle.html?m=1

Reply
Keryn
10/1/2015 07:46:38 am

Well, ain't that the ultimate insult?

Crazy.
Lunatic.
Flake.

We're all about as nutty as a bag of circus peanuts!

Reply
Eric Morris
10/1/2015 10:16:50 am

Do circuses still have peanuts? I can't send my kids to preschool with PB&J.

Keryn
10/1/2015 10:38:48 am

Wow, tough one. What if that is all your kid will eat? Circus peanuts = those big ugly marshmallow-ey, peanut shaped candy things that don't taste a thing like peanuts and don't contain any peanuts. Maybe you should send some to preschool just to see who freaks out... ;-)

Reply
Click me link
10/1/2015 10:44:51 am

Allergy free! But I can see some helicopter mommies freaking out because the word "peanut" is on the bag. It's a good thing my kids are grown or I'd be sending them in for the Halloween party with a sack full... and sitting by the phone waiting for somebody stupid at the school to call and tell me about their peanut allergy policy.

Reply



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    About the Author

    Keryn Newman blogs here at StopPATH WV about energy issues, transmission policy, misguided regulation, our greedy energy companies and their corporate spin.
    In 2008, AEP & Allegheny Energy's PATH joint venture used their transmission line routing etch-a-sketch to draw a 765kV line across the street from her house. Oooops! And the rest is history.

    About
    StopPATH Blog

    StopPATH Blog began as a forum for information and opinion about the PATH transmission project.  The PATH project was abandoned in 2012, however, this blog was not.

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