Lessons of the Grasso case

Posted by Marc Hodak on July 2, 2008 under Scandal | Read the First Comment

Lesson #1: It’s OK to take money that your boss gives you, but you better be willing to fight for it if the AG doesn’t like it.

Spitzer was basically suing Grasso for accepting what he was awarded. Grasso was given several opportunities to settle the case. He was, in fact, willing leave about $48 million behind to the NYSE, but Spitzer said it wasn’t enough. So Grasso fought for it all under the quaint notion that his bosses, the board, awarded him his pay, and so he was entitled to it. Five years and millions of dollars later, Grasso gets to keep his money.

Lesson #2: If you want to avoid being sued, be a good friend of the DA

Spitzer’s real complaint in this case would have been with the board of the NYSE by alleging that they weren’t acting as good fiduciaries. But that would have meant suing the heads of Wall Street’s major banks for not knowing what they were doing. Spitzer in his heyday would have no qualms about that, but it would have been tough to argue that people like Henry Paulson, then head of Goldman and now Treasury Secretary, Larry Fink, head of BlackRock, and Richard Fuld, head of Lehman, got all confused about the numbers. So Spitzer narrowed his focus to the compensation committee of the board. There, he had one committee member saying he knew exactly what he was doing, and another saying he had no idea what he was doing. Spitzer was able to thread that needle by going after the first guy, Home Depot founder Ken Langone, and gaving a total pass to the second one, fellow pol Carl McCall.

Lesson #3: The state will cause $12 worth of expense to recover $11.

Spitzer was trying to get back $110 million from Grasso. Langone said the total cost of litigating this thing for the defendants, the exchange, and former directors who were deposed approached $70 million. It’s very likely that the state (i.e., New York’s taxpayers) spent almost that much in prosecuting this thing.

I hear that Spitzer is now looking to start a private equity fund. I hope he gets better returns than this.