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WE'RE NOT THE 'MAFIA'
ENRON'S LAST DEFENSE
Lawyers for Enron's indicted ex-chiefs Ken Lay and Jeff Skilling made their final sympathy plea to keep the pair out of prison - claiming prosecutors treated them like common Mafia thugs.

In an impassioned six-hour closing argument, defense lawyers took turns trying to prove the two men did nothing wrong other than take down Enron in bankruptcy through their own management failures.

"Bankruptcy is not a crime. Failure is not a crime," said defense lawyer Daniel Petrocelli.

He insisted that prosecutors tainted the trial process by unfairly building their case against Enron's executives as if they were "tackling a mob organization."
The New York Post, May 17, 2006


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Court of Public Opinion Turns On Lay and Skilling
By: Pete Kendall, May 17, 2006
When it comes to Enron, the only story the media has left untold is what’s driving the fascination.
The Elliott Wave Financial Forecast, March 2002

It will be an interesting verdict. The timing of the case is excellent for the defense, as it comes when corporations have regained at least some of the prestige they enjoyed back at the all-time highs. The jury may be inclined to buy into the witchhunt claims of Skilling and Lay. But the defendants may end up wishing they hadn’t defended themselves at such great length because, in doing so, they may well have lost their main advantage, a clear uptrend in the stock market.

The July 2002 issue of The Elliott Wave Theorist showed how completely Enron’s fate has been tied to the rise and fall of equities (see Additional References). The report showed very clearly that engine behind Enron’s great flame out was the great reversal in social mood that took place in 2000 and 2001. In essence, this was the defense of Enron’s former leaders, who said their firm was the victim of a media "witch hunt" that ultimately sent the financially strong energy giant on a path to bankruptcy. Lay told the jury that Enron’s problems started in October 2001 when The Wall Street Journal began a "biased" stream of articles about dubious deals former Chief Financial Officer Andrew Fastow. "The Wall Street Journal was on a witch hunt." Once Arthur Andersen signed off on the the quarterly financial numbers, Lay says he thought his company’s past performance was a closed matter. “We thought all that had become history, and it was now news," Lay said. Obviously, Lay doesn’t understand his own socionomic defense. This is what bear market do; they shed new light on same set of facts.

Skilling testified that the ordeal began earlier in 2001, when analysts were suddenly circling like sharks in the water. “He became increasingly frustrated that he was unable to communicate Enron's strengths to Wall Street.” Skilling left later that year because “My head wasn't in it anymore.'' Facing the jury “in a humble, soft-spoken voice,” Skilling said he left to spend “more time with his two sons and daughter, as well as his plans to involve himself in more charitable endeavors.” Will the jury buy it? It all depends on how deeply the skepticism of the bear market has penetrated. Lay and Skilling best hope is a quick verdict. The longer the jury deliberates, the more likely the anti-Enron animosities  of 2002 are likely to re-surface. 

With its “we’re not the Mafia” defense, the Skilling/Lay team appears to be trying to shift  the focus to prosecutors and the government saying they are unfairly pinning the blame for the failure on their clients simply because they happened to be in charge when Enron went south. From a socionomic perspective, this is a sound approach. Government is the ultimate target of the people in a bear market. But it’s probably too early in this one to work. The real-anti-government sentiments stir when social mood is much more deeply ensconced in a bear market. Another problem is that juries don’t seem to like it when attorneys blame social forces. A good example is what happened to John Rigas, the former head of Adelphia  Communications, back in 2004 when he was charged with financial improprieties at the cable company. Defense lawyers claimed the prosecution was a clear cut case of regicide, the ancient practice of killing kings and their courts when things go wrong. Again, socionomically, this is an accurate description of what happens when the trend reverses. The heroes of the rise always take it on the chin. But the problem is that the jury didn’t seem to like it. The 80-year old Rigas, 80, got a 15-year sentence.

Another reason this strategy doesn’t work is that social mood is a master criminal; it can move through space and time effecting everything in its path and leave behind virtually no physical evidence. This is the hole in the Enron defense team’s case. "The bottom line is there is one question that hasn't been answered is why Enron fell apart,” says a third party legal observer. “Lay and Skilling kept professing that market forces caused its decline ... but we haven't heard any actual evidence about that." The evidence is the decline itself, but try telling that to the jury.

Additional References

June 2002, The Elliott Wave Theorist
The Socionomic Insight vs.the Assumption of Event Causality
The Enron Scandal: A Case in Point

The Socionomic Insight
The socionomic insight is that the conventional assumption about the direction of causality between social mood and social action is not only incorrect but the opposite of what actually occurs. Socionomics is based on the principle, developed by deduction from the existence of the Wave Principle and by induction from the chronology of market behavior and other social actions, that social mood determines the character of social events.

As previous studies demonstrate, rising stock trends do not improve the public mood; an improving social mood makes stock prices rise. Economics do not underlie social mood; social mood underlies economics. Stock trends do not follow corporate earnings; corporate earnings follow stock trends. Politics do not affect social mood; social mood affects politics. Demographics do not determine stock market trends; the social mood that determines stock market trends determines demographics. Styles of popular art and entertainment do not affect the social mood; the social mood determines the popularity of various styles of popular art and entertainment. War does not impact stock market trends; the mood that governs stock market trends determines the propensity for war. And so on. All economic, political and cultural developments are shaped and guided by the Wave Principle of human social behavior. It is the engine of everything from popular fads and fashions to the events of collective action that make history.

Conventional belief is the opposite of the above insight. It is solidly entrenched and pervasive almost to the point of ubiquity. It is deeply intuitive and utterly wrong.
The conventional mind sees social events as causes of social mood. Few ever ask the causes of the events themselves. Those who do simply assign the cause to other events.

The Counter-Intuity of the Socionomic Insight
I continually marvel at how counter-intuitive the socionomic insight is. For the entire time of my professional career, I have been comfortable with the central implication of technical analysis, which is the primacy of market form over extramarket events such as economics and politics. (I eventually discovered to my dismay that technicians rarely accept this implication and believe that various random, unpredictable “fundamentals” are behind the market’s patterns, which is a contradiction.) Yet even I find myself upon occasion having to work hard at dispelling contradictory old thought patterns in order to re-establish mental integrity on the more difficult challenges of the socionomic insight. My first real challenge came from the claim that “demographics” determined stock price trends. I knew the claim had to be incorrect, and it took only a few days of research to debunk it. But it was only during the course of that pursuit that I began to formulate the proper response: that if indeed there were any correlation at all, the causality had to be in the other direction. The result was the 1999 study, Stocks and Sex, which shows exactly that. My latest and greatest challenge to date has been the proper conception of the Federal Reserve Bank’s role in the causality of monetary trends, which I will discuss in an upcoming report.

The average person’s resistance to the socionomic insight is so formidable that it compares to having one’s view of existence challenged. I believe that the reason for this resistance is the easy naturalness of the idea of event causality: It works in physics, so people assume that it must operate in sociology. This deeply rooted assumption is stronger than piles of evidence to the contrary.

Let me give you an example of how strong this resistance is. On April 25, 2002, I was pleased to address the Sixth Congress of the Psychology of Investing, sponsored by the Massachusetts Mental Health Center, which is a major teaching hospital of Harvard Medical School. Attendance ran the gamut from academics and psychiatrists to Wall Street professionals and private investors. After presenting the Wave Principle and explaining its social effects, numerous attendees commented that the presentation had changed their perspective on markets and social causality.

The following day, I attended the final half hour of the afternoon, in which attendees were given the opportunity to ask questions of that day’s panel. The final question of the day was, “The Enron scandal has deeply discouraged investors; when can we hope that this black cloud hanging over the stock market will go away?”

Several respondents both from the panel and the audience answered the question as if it were valid. Not a soul in the room challenged the questioner’s assumption.
A week later, USA Today and doubtless countless other newspapers and magazines were trumpeting the same theme. “Scandals Shred Investors’ Faith,” declared a front-page headline. Begins the article, “A drumbeat of corporate misdeeds has helped crush stock prices and eviscerate pension plans.”1

If you recognize the socionomic insight as a principle, you need know nothing about the situation. You can formulate the proper response immediately. Before reading further, would you like to give it a try? Remember, the socionomic insight is that the conventional assumption about the direction of social mood vs. event causality is the opposite of what actually occurs. I will make your task easy by re-stating the assumption that the questioner held: “The Enron scandal discouraged investors.” Can you state its opposite in terms of causality?

The Significance of the Enron Scandal
Did the Enron scandal discourage investors? No, discouraged investors precipitated the Enron scandal.
Many readers undoubtedly will balk at accepting the principle behind this formulation without their own tedious process of induction via repeated examples. To aid in that process once again, we must disprove the questioner’s and media’s false premise and demonstrate the validity of the socionomic stance.

First, let us define scandal not as misdeeds themselves, which can occur in secret. Scandal is the recognition of misdeeds, the outry of recrimination and the public display of interest and outrage.
The premise is revealed as utterly false when we observe, despite virtually everyone’s feelings to the contrary, that (1) investors in general knew nothing about Enron’s malpractices prior or anytime during the stock market’s decline, and (2) throughout the drama of the Enron scandal, the market advanced, and related psychological indicators improved. Figure 1 shows the stock market’s progress, two measures of optimism and the key events surrounding the Enron scandal. It is abundantly clear that as the Enron scandal developed, investor and consumer psychology improved, and stock prices rose. Therefore, it is utterly false that the Enron scandal “discouraged investors.”

Anyone who posits event causality in this instance is boxed into a corner. Given the facts before our eyes, he has no choice but to conclude that the Enron scandal was bullish for stock prices and that it caused investors’ mood to improve!2

I would like to proceed directly to what would seem to be an obvious statement: that such a conclusion is ridiculous. Incredibly, though, I cannot say it. Why? Because conventional analysts actually proceed directly to such absurd conclusions repeatedly as a matter of course. For example, The Wave Principle of Human Social Behavior relates a news report of an analyst who watched the stock market rally despite revelations of President Clinton’s misbehavior and came to the conclusion that presidential sex scandals are bullish! Economists have reviewed the temporal proximity of war and economic recovery, and they assert, almost to a man, that war is good for the economy. If economists can argue that the most destructive activity of man is a positive force for economic well being, then conventional thinkers will have no trouble devising an argument as to why financial scandals are bullish. I can do it myself; such rationalization is easy.

The only antidote to such perversity is the socionomic insight. War is not causal to any aspect of social mood; it is a result of a deeply negative social mood. Likewise, the Enron scandal was not causal to any aspect of social mood whatsoever; it was a result of a change in social mood.

Figure 2 demonstrates the chronology that supports this statement. As you can see, the stock market fell for many months prior to the scandal breaking. This meter of social mood showed increasing negativity involving conservatism, suspicion, fear, anger and defensiveness all of which went into precipitating the Enron scandal. As the CEO later explained, increasing conservatism affected the company’s derivative positions, bear markets triggered “exit clauses” that allowed partners to their deals to withdraw their funds, and increasing fear and suspicion prompted them to do it. Throughout 2001, the company’s stock retreated, removing support for financing. The house of cards built upon confidence collapsed.

By the time the results of that negative mood trend brought the Enron scandal to light, the negative mood trend was already over. The S&P 500 completed five waves down on September 21, and it was time for the largest rally since the high in March 2000 (as forecast in The Elliott Wave Theorist on September 11). During that rally, these particular consequences of the downward mood trend became manifest.3
Now we know for sure: The Enron scandal did not “discourage investors” or “shred investors’ faith” one bit. Their level of faith rose during the scandals. It did not “crush stock prices and eviscerate pension plans,” either. Stock prices rose during the scandals. All the hand wringing and ink spilling on this presumption has been a waste of time and energy.

To make a subtler point, “corporate misdeeds” are not even to blame for the bear market that preceded the eruption of the Enron scandal. Corporate misdeeds were in full flower throughout the 1990s, yet no scandals erupted. In fact, those very misdeeds Ponzi-like accounting practices can be credited with raising stock prices and fattening pension plans to the same extent that they can be blamed for crushing and eviscerating them. The proper amount of credit for both trends in stock prices is zero. The credit goes to a change in mass psychology. Various accounting irregularities were in place for years, and they were reported from time to time, sometimes in major journals, but during the bull market, few cared. There was consistent misbehavior for a decade, but there was no scandal until well after the trend changed. While the trend was up, people ignored the phony accounting; when the trend turned down, they began to investigate it. When the trend was up, psychology supported the illusion of corporate health; when the trend turned down, psychology caused corporate health to deteriorate rapidly. Again, the formulation of causality is the opposite of the conventional belief: Corporate misdeeds did not crush stock prices; crushed stock prices finally drew back the curtain on corporate misdeeds. What, then, caused corporate misdeeds to expand so greatly in the first place? The mass psychology of the stock mania, which was unskeptical to an extreme, invited and even rewarded companies for “creative accounting.” It was the psychological environment of the bull market that led companies to dare to mislead in the first place.

The Power of Socionomic Prediction
Figure 2 at least sets the chronology of the true cause and effect with respect to the Enron scandal. It falls short of proving it, of course, as the other option regarding causality is that the two events (and all the others we have explored) are unrelated. An important aspect of science is the ability of a hypothesis to predict. Using the socionomic insight, could anyone have predicted the flood of accounting and corporate scandals that has so far climaxed with the revelations regarding Enron?

The answer is yes. Moreover, someone did.

At the height of the stock mania and during the months thereafter, Pete Kendall of Elliott Wave International went on record in The Elliott Wave Theorist and The Elliott Wave Financial Forecast identifying the end of the line for what we dubbed “bull market accounting standards” and the beginning of a climate of scandal and recrimination. That emerging climate decimated images of all kinds of heroes, from corporate CEOs to economists to brokerage firm analysts to accountants, to name just a few. The ensuing commentary4 shows the predictive advantage of the socionomic perspective in the area of corporate scandal (emphases added):

September 16, 1998
the discovery of “fictitious revenue” at Cendant Corp. [first reported just 13 days after the all-time peak in the advance-decline line on April 3, 1998] is part of a slow awakening to the realization that the fundamentals of many companies, weak as they have become, are not even what they purport to be. Financial improprieties at Sunbeam, Oxford Health, Green Tree Financial, Boston Chicken and Mercury Financial have also been reported…. The emerging shift in social mood is beginning to shatter the collective financial delusion. These stories can “now be told” because people are disposed to listen to them. As the bear market unfolds, many more “scandalous” cases will be revealed.

October 1, 1999
Accounting standards have eroded as the bull market has aged. The flip side of these papered-over cracks in the fundamentals is that in a bear market they will be an enormous weight on growth. Combined with the unprecedented global economic dependence on a rising U.S. stock market, the likelihood is that they will exert their drag with stunning speed.

February 25, 2000
The bull market’s attendant accounting gimmicks will get a lot more ink as the blinding light of the new era gives way to sober reflection and recrimination.

May 26, 2000
Financial Shenanigans Coming to Light: Some of the lame excuses for optimism are being outed. As The Elliott Wave Theorist noted in our 1998 Special Report on the relative weakness of the fundamentals in Cycle V vs. Cycle III, “the enduring psychological coercion of the bull market” has compensated for Cycle V’s obvious fundamental shortcomings with the general acceptance of accounting standards that overstate the quality of companies’ financial performance. The exposure of fallacious bull-market bookkeeping has been a subject of ongoing discussion in EWFF. For our purposes, the importance is not the transgressions themselves, but the timing of their discovery and repudiation. This process has accelerated in the wake of the NASDAQ’s retreat. There is now “growing concern among accounting professionals that many companies are relying on financial alchemy to burnish their results.” Instead of peripheral corporate players and outright fraud, the charges of “financial engineering” are now being leveled against stalwarts like Microsoft, Dell and Cisco Systems for accounting practices that have been known to be in place for years. Less than a month after Cisco was tabbed as the new stock-market bellwether, its aggressive acquisition strategy was profiled as a “modern house of cards” in Barron’s. Days later, Cisco’s reported earnings, which surpassed analysts’ expectations by one cent for the 12th straight quarter, failed to produce the usual upside pop.

June 30, 2000
Last month, we reported that the exposure of slack bull market accounting standards and outright frauds was worth watching as an indication that the “return to sobriety” was gaining ground…. It turns out that Cendant’s accounting shenanigans date all the way back to its initial public offering in 1983. As columnist Floyd Norris notes, “For investors, the most interesting question is not whether [the firm’s founder] will go to jail. It is how this fraud managed to go on so long.” The answer, according to a professor of accounting who has studied a report on Cendant’s bookkeeping practices, is that “auditors were fooled because, in some measure at least, they wanted to be fooled.” This, at bottom, is the thesis of socionomics. The social mood dictates how people treat real data. From 1983 through 1999, public mood was in a bull market. This year, it all changed, and so has the socially perceived reality.

A steady stream of big-time financial scams gave the world its first hard look at the scale of financial fraud that bull market psychology had refused to expose. On June 15, reports revealed the “largest securities fraud sting in history,” as the FBI arrested 120 people and broke up “a ring of organized crime on Wall Street” that has been operating for five years. When the Royal Bank of Canada was charged with stock manipulation, a Toronto paper said, the “practice of manipulating stock prices and pension fund performance has been suspected for so long, the only real surprise is that Canada’s largest bank got caught first.” This acceleration in the size and scope of fraud exposure is exactly what The Elliott Wave Theorist has said we should expect in a post-mania environment.

September 1, 2000
Many of the bull-market accounting gimmicks that we have covered in recent issues of EWFF are also alternate forms of financial leverage…. The trend poses “systemic, long-term risk” to companies’ debt ratings, says one specialist. All it took was a two-month decline of 16% in the Dow to expose this weakness. The same practices that goosed the numbers on the way up will drag them down in a bear market.

December 1, 2000
It turns out that GE massages its numbers. Money magazine even reported in November that GE’s earnings consistency is “a charade.” Even “fans” are asking about the “confusing but apparently legal gimmicks” GE has used “to achieve its vaunted consistency.” As The Elliott Wave Theorist pointed out in September 1998, this “discovery” of questionable bull market accounting standards is exactly what we should expect in the early stages of the bear market. In reaching GE, the last of the original Dow companies, the emerging financial skepticism goes a long way toward confirming that the stock market’s long-term topping process is behind us.

March 28, 2001
Considering the size of the NASDAQ’s bubble and its inexorable, year-long decline, the attacks on Greenspan, CNBC and Wall Street analysts constitute a relatively serene response so far. Ironically, a rally might never be accomplished by an escalation in the attacks. The preliminary breaks from the mania in 1997 and 1998 illustrate how this delayed response works. In 1997, many emerging markets actually peaked in the first half of the year and fell out of bed in October as the U.S. market joined in. Once the bottom was actually in, the IMF became the focal point of an international backlash. On December 2, 1997, The Wall Street Journal reported on a sweeping wave of “resentment.” “From Thailand to South Korea, casualties of the region’s market meltdowns are casting blame far and wide.” In October 1998, after the worst of another selling wave was over, we were treated to criticism over the bailout of Long-Term Capital Management and a Congress that roiled with demands for the regulation of hedge funds. As the market rallied on, the storm dissipated. [Perhaps one] reason for the delay is that the economy lags the stock market, and people don’t reach their peak of anger until they are buffeted by the economy.

June 29, 2001
The Witch Hunt Takes Flight: In matters of survival, particularly those that are defined by highly subjective human interactions, the rational faculties of the neocortex are no match for the emotion-based survival instincts that inhabit the limbic system. The expanding controversy over accounting standards is a perfect example of the same brains [later] taking the opposite view based on the demands of survival. As of late 1990, many thousands of analysts altered the tenets of the profession to a point at which book value, dividends, profits and total earnings did not matter. Contending otherwise was grounds for dismissal; in fact, analysts lost their jobs because they refused to adopt the new standard. Now, however, succeeding in the same job requires a single-minded devotion to judging earnings. The change revolves around a very specific event at a very specific time. On March 10, 2000, the direction of the NASDAQ switched from up to down, and the influence of social mood on millions of limbic systems reversed. On the approach to that high, the accountants themselves were consumed with hope and denial. Afterward, the essence of the job became to doubt the numbers. USA Today’s June 22 story notes, “accounting experts, analysts and academics” all agree, “companies are twisting the numbers to show better results.” Numerous bull market instruments, like corporate stock buybacks, splits and stock options, which EWFF and The Elliott Wave Theorist said would have “an equal and opposite effect in a downtrend,” are now getting all sorts of bad press (see March 1999 EWT and May and June 2000 issues of EWFF). Within the last few weeks, newspapers report, “Share Buybacks Hit a Wall of Fear,” and stock options have “turned the investing world upside down.” In an unexpected twist, “repricings” have created “a perverse incentive” for employees to “hold stock prices down.”

It is no coincidence that as the backlash gathers steam, analysts and other economic thinkers are a special point of focus. In 1999, economists --scratch that; we mean bullish economists -- emerged as the new “superstars of academia.” Now a Newsweek column calls economics “the illusion of knowledge” and reveals, “Economists are clueless.” In June, Congressional hearings were conducted to dissect the inaccurate opinions of securities analysts. A team of professors from four major California universities produced a paper showing that the stocks analysts liked the most fell 31% in 2000, while their least favorable recommendations rose 49%! The detailed analysis calls into question the “usefulness of analysts stock recommendations.” As we said months ago, this is not news. Has there has ever been a time when average Wall Street analysis has been useful as anything more than a contrary indicator? The news is how much of the academic and media firepower that supported Wall Street notions is now directed against Wall Street. This defrocking appears to be an inevitable response to the reversal of a mania. As The Wave Principle of Human Social Behavior points out, people tend to “live in the limbic system, particularly with respect to fields such as investing where so few are knowledgeable and the tendency toward dependence is pervasive.” This was at least doubly true in the mania, as even the most highly developed neocortex was at a loss for prior experience to draw upon. The failed images of the previously bullish social mood now induce jilted investors to destroy the advisors upon whom they have grown so dependent. It is fascinating to see how much sense the neocortexes of the attackers can make as this limbic-based process plays itself out.

November 30, 2001
Enron Corp.’s imminent [bankruptcy] will easily be the largest bankruptcy ever, topping the old record (Texaco in 1987) by almost 70%. The “forensic accountants” have been called in to sort out a mess that will lead on to a seemingly endless series of financial catastrophes.

February 1, 2002
All Enron, All the Time: “Twenty minutes ago, the only topics on the nation’s radar screen were Afghanistan and terrorism. Now there’s Enron,” says a USA Today column on “How Enron Stole Center Stage.” One of the big mysteries is why the public suddenly cannot get enough dirt on Enron. “A few years ago, it would hardly have seemed possible,” Business Week notes. “The nation’s attention, from the halls of Congress to Main Street, has been riveted on an accounting scandal, a subject so abstruse it rarely makes the front page.” But there it is on page 1, day after day after day. The Enron scandal and its recent “spread to other large, complex companies” shows that investors are waking up to what they did not want to know during the bull market.

March 1, 2002
What’s Beyond Enron: Last month, we showed how perfectly the Enron scandal fits the blueprint for a Grand Supercycle-degree bear market. This month, the river of recriminations broke its banks. The potential for a flood of Enron-style revelations into virtually any sector of the economy is signaled by word that the Federal Reserve is “stepping up” its scrutiny of securitized, credit-card debt and mortgages as well as a Fortune expose that offers investors “More Reasons to Get Riled Up.” Fortune points out that Enron’s $63 billion in market losses is nothing compared to the $155 to $423 billion in market cap that disappeared from 10 other firms. “Let’s get mad at them, too,” says the magazine. “Let’s put our anger and righteous outrage in all the places they belong.”

Meanwhile, Enron has evolved into what one Washington attorney called “an eerie financial witch hunt” that is comparable to the Salem witch trials. The still-expanding demand for dirt on Enron is apparent by its arrival on the cover of the National Enquirer. The tabloid claims to have the “untold story” in its latest issue. When it comes to Enron, however, the only story the media has left untold is what’s driving the fascination.

Mr. Kendall thus predicted in no uncertain terms that the consequences of the approaching and then the developing bear market would result in accounting scandals increasingly hitting the newspapers. (Note that this is a double forecast: both for a bear market and its social results in this regard.) Thus, socionomics once again predicted the character of upcoming events, events that have since led to dramatic congressional hearings, anguished public outcry and of course, the classic conventional error in assigning causality.

Thanks to the intrepidness of one of the writers of the above-quoted USA Today article of May 2, 2002, Kendall was provided space to summarize the correct stance on the rash of scandals and recriminations. Here are the relevant excerpts:
Peter Kendall, co-editor of newsletter The Elliott Wave Financial Forecast, says a bear market often reveals the worst excesses of a bull market. “Everything that was revered on the upside is a target in a bear market.” Those excesses have to be corrected before the public regains its confidence. Typical features of the so-called recrimination phase: reviled CEOs. “Those who had Teflon in the bull market have Velcro in the bear market,” Kendall says. In 1929, the chief target was Richard Whitney, president of the New York Stock Exchange. Kenneth Lay, former CEO of Enron, may be the current target.
Reform and regulation are one step to regaining the public’s confidence. But that often happens well after much of the damage is done to investors’ trust. “The government takes steps after the horses have left the barn,” Kendall says.5

We socionomists are few in number. Were this a developed science with many practitioners, an astute socionomist might have listed Enron specifically as being one of the companies likely to explode in scandal. One financial ratings firm in April 2001 placed Enron on its “Corporate Earnings Blacklist” and cited the company as being “highly suspect of manipulating its earnings reports, so the hints were there.”6 An alert socionomist who knew, as we did, that corporate accounting scandals were in a rising flood might have filled in the blanks and anticipated this specific manifestation of the socionomic dynamic, although certainly not its ultimate position as the premier poster-child of manipulative accounting.

Toward a New Understanding
People have a tendency to ask questions such as, “Are you saying that had the trend in social mood not changed, the Enron scandal would not have come to light?” The short answer is yes, but the questioner is missing an important point. It is crucial to understand that while the precipitation of Enron’s financial meltdown and the revelation of its shaky accounting practices were due to forces behind the new negative social-mood trend, the precondition of their very existence was the psychological forces behind the old positive social-mood trend. Had the rose-colored glasses of optimism not clouded investors’ vision in the first place, no company would have been able to survive practicing such shenanigans. During the 1990s, countless companies practiced them, and they were actually rewarded for it.
Socionomists were able to predict the eruption of scandals for two reasons: (1) because we knew that the euphoric optimism of the positive social-mood trend was inducing individuals and corporations to take huge financial risks and simultaneously inducing observers to turn a blind eye to improprieties and (2) because we knew that the qualities of a negative social-mood trend would reverse both of those forces. Believers in the conventional assumption of event causality, in contrast, were caught blindsided, as usual.

While the conventional error of thought regarding social mood causality is nearly ubiquitous, a few thinkers in history have derived the correct posture on this question, at least to a limited degree. For instance, Thomas Paine observed, “Panics bring things and men to light, which might have lain forever undiscovered.” In other words, panic is causal; scandals are a result. It is time for social scientists to accommodate this view and to embrace the greater socionomic insight that lies behind it.

Corporate accounting scandals are only one area of social behavior among dozens that we at Elliott Wave International have successfully predicted. To cover them all would take several books. While this report details just a single example of what socionomists can do, it also elucidates a principle of social forecasting that anyone can learn to apply. A practiced artisan in this field can predict the headlines in countless areas.

Endnotes
1 Waggoner, John and Fogarty, Thomas, “Scandals shred investors’ faith,” USA Today, May 2, 2002, p.1
2 Any economist who bothers to view the relationship between the U.S. trade deficit and the stock market or the economy faces the same dilemma. The two trends move together in near lock step, opposing the ubiquitous presumption to the contrary. For chart and discussion see Prechter, Robert, The Wave Principle of Human Social Behavior and the New Science of Socionomics, pp. 377-380.
3 Further evidence of the power of social psychology to rule social events and social visioning is the amazing fact that the aspect of the scandal over which investors and politicians were most enraged was phony. Newspapers reported endlessly that the “big shots” at Enron got out of the stock while the poor employees were “locked in.” In truth, employees could have gotten out whenever they wished, except for a brief period of 16 days during which the stock slipped an additional four points from 13 to 9, on its year-long descent from 83 down to 0.57, at which time it was de-listed in January 2002. The restriction, moreover, was not a punitive policy but a technical consequence of the company’s turning over management of its pension plan to another firm. Investors in Enron stock, employees included, lost a lot of money because they were imprudent and foolish, just as countless other investors have lost money. The psychological desire of investors to redirect blame for their decision not to sell is stronger than facts.
4 The Elliott Wave Theorist, (September 16, 1998 Special Report) The Elliott Wave Financial Forecast, (October 1, 1999, February 25, 2000 Special Report, May 26, 2000, June 30, 2000, September 1, 2000, December 1, 2000, March 28, 2001, June 29, 2001, November 30, 2001, February 1, 2002, March 1, 2002)
5 See Endnote 2.
6 Weiss Ratings, Inc.
7 Gee, Robert W., “Church Battle, Fire Inflame Passions,” The Atlanta Journal-Constitution, May 2, 2002, p.1

 

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