BONUS POST

I am pleased to announce that my book: “The Education and Deconstruction of Mr. Bloomberg, How the Mayor’s Education and Real Estate Development Policies Affected New Yorkers 2002-2009 Inclusive” is available through the following online channels:

I am pleased to announce that my book: “The Education and Deconstruction of Mr. Bloomberg, How the Mayor’s Education and Real Estate Development Policies Affected New Yorkers 2002-2009 Inclusive” is available through the following online channels:

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Highly Confident

The Book of the Week is “Highly Confident, The Crime and Punishment of Michael Milken” by Jesse Kornbluth, published in 1992. This volume described a situation that lends itself to the hypothetical board game “Survival Roulette: Wall Street Edition” (See “Blind Ambition” post).

There have been countless ultimate winners of this game through the decades: all the people never caught for securities-industry crimes. A million lawbreakers a day go unpunished. That doesn’t mean the crimes didn’t happen.

However, the most famous hypothetical losers of the game in this book were Ivan Boesky (an independent bond trader in New York) and Michael Milken (bond-trading executive at Drexel Burnham Lambert in Los Angeles). Other losers could include Dennis Kozlowski, Bernie Ebbers, Kenneth Lay, Steve Jobs and Richard Scrushy.

The board spaces could include Go To Jail (of course), and describe the financial crimes of: insider trading, Free Parking (or “stock parking”), disclosure failures, material misstatements, accounting irregularities, re-pricing stock options, and fraudulent conveyance, but also specific actions of conscience-salving philanthropy in which Milken engaged– such as throwing money at cancer research, and volunteering to teach math to nine and ten year-olds.

In August 1986, the U.S. Attorney’s Office of the Southern District of New York began an investigation into Securities and Exchange Commission (SEC) violations in the bond industry. By October 1986, the head federal prosecutor there, Rudolph Giuliani, was taping phone calls between Boesky and Milken. This, because Boesky had immediately accepted a plea deal to turn state’s evidence in exchange for a slap-on-the-wrist, country-club jail sentence. Boesky was one of the game’s lesser losers, to be sure. He was the king of lying, cheating and stealing.

Milken was a creative workaholic math genius whose meteoric career-rise allowed him to head an entire bond-research department in his mid-twenties. But he had zero ability for honest introspection.

Milken was a master at controlling his environment and other people, but he deceived himself about his “breaking the rules of the game” in his industry. He thought he was helping people all the time, but didn’t see how others were indirectly hurt by his actions. This kind of hubris syndrome is not uncommon in alpha males.

In 1978, Milken initiated the push to have Drexel underwrite junk-bond deals that financed hostile corporate takeovers. This wasn’t illegal in itself, but Boesky persistently badgered Milken until, by the early 1980’s, the latter was eventually manipulated into breaking the law.

Milken had a history of selfless philanthropy, yet his business actions gave rise to obscenely high fees made by his employer, an obscenely high income for himself, and crushing debt load for his clients. This led to extremely adverse financial and social consequences for thousands upon thousands of laid-off American employees of merged companies, subjected to disrupted lives and untold stresses.

The mood of the securities industry could be described thusly: “… with the election of Ronald Reagan… All that mattered was an ability to make money — without concern for risk, without regard for regulation.”

The investigation and resulting plea deals had the law enforcement agencies patting themselves on the back for convincing the perpetrators (other than Milken and Boesky) to implicate others, but the immunity deals the perpetrators got were a joke, considering that they themselves had serious credibility problems, and serious violations. It was a kangaroo court.

Nonetheless, the following parties launched investigations: Drexel and its attorneys, Milken and his attorneys, the U.S. Attorney’s Office, and the SEC. Those last two, of course, engaged in fierce rivalry. By September 1991, there was an orgy of litigation against Milken. The roll call involved fifty-eight lawyers (!)

Around the same time, Wedtech was another 1980’s scandal borne of out-of-control greed. In that case, a personal injury attorney generated billing documents that purported to show charges for legal services, that were actually for lobbying. Wedtech’s executives bribed politicians for the purpose of influence peddling, and swindled shareholders. This kind of crime is not uncommon.

Along these lines, if, for instance, a real-estate mogul declared business bankruptcy repeatedly throughout his business career, why did investors trust him with their money again and again and again and again and again?? Perhaps there was influence peddling. The politicians were his puppets who eventually passed legislation favorable to them all. It was worth it to them to risk losing all their chump-change investment to get access to future (much more) profitable contacts and politicians who did their will.

Anyway, Milken hired a team of lawyers who were the cream of the crop of Northeastern elitists. Yet, unfortunately for him, the media and law enforcement made him the poster-boy / scapegoat for the greed of the 1980’s.

Ben Stein, a wannabe Hollywood writer, was, according to the author, an individual who fueled public outrage against Milken. He was unwisely hired to write articles for Barron’s (a major Wall Street publication) after Milken was indicted. The nature of his utterances in print were “Shocking, unsubstantiated, never-proven assertions made with absolute certainty.” Stein claimed his taking of the drug Halcion caused him to produce such libelous garbage.

Strangely enough, insider trading wasn’t what Milken was jailed for, but rather, a minor disclosure failure. The judge in his case was ridiculously misguided, considering that the court calculated the dollar value of damages Milken caused was a mere $318,000. But the court saw that the revenues generated by him and his firm were in the hundreds of millions of dollars. So the court fined him $600,000,000.

Read the book to learn of Milken’s prison sentence and numerous other details of the whole tabloid-crazy affair.

King of the Club

The Book of the Week is “King of the Club” by Charles Gasparino, published in 2007.

The subject of this book “… was suffering from the downside of loyalty; he spent so much time surrounding himself with people he could trust that he forgot he also needed smart people who could get a job done in times of crisis, and he was now facing… the greatest crisis of his career.”

Sounds familiar. It was actually “Richard Grasso and the Survival of the New York Stock Exchange.” When he was fifteen years old, Grasso began trading stocks in an account held in his mother’s name, getting stock tips from his drug-store-owner-employer.

The author was rather vague about Grasso’s two years of military service which allegedly began in the mid 1960’s, spent: “…in Fort Meade, Maryland, though he did make periodic trips to Vietnam.” Apparently, Grasso’s eyesight was good enough to get him drafted by the U.S. Army, but not good enough to get him hired by the New York City Police Department, his first-choice employer after the military.

Grasso therefore began work as a back-office Wall-Street clerk at the New York Stock Exchange (NYSE) in early 1968. The author failed to mention whether Grasso was told to put his stocks in a blind trust, or whether his new employer had a “don’t ask, don’t tell” policy.

Grasso meteorically moved up through the ranks. He was innovative in executing new marketing initiatives for the exchange. He also poached companies that were listed on either the American Stock Exchange or the NASDAQ– that provided fierce competition to the NYSE. All three were stock markets of corporate entities that wanted to sell their shares far and wide. But the companies could be listed in only one place. Grasso convinced them that the NYSE was the best place to list.

By 1980, Grasso controlled NYSE listings, its trading floor and almost all its trading operations. In the mid-1980’s, the chair of NASDAQ, Bernie Madoff, claimed his market’s trading was more fair for investors because it executed trades electronically, thus multiple players were interacting continuously while setting impartial prices. The argument went that electronic trading made the market more “efficient”– as no buyers or sellers had significantly better pricing information than others on which to trade, theoretically.

In 1990, Grasso stepped up to the second-most powerful position at the NYSE. He was in charge of the exchange listees and, at the same time, in charge of regulating them. He did the legwork of bringing new business to the exchange. His boss, the chairman, did the public relations work of delivering speeches globally and persuading the federal government to keep conditions favorable for the exchange.

Several of the NYSE’s board of directors were Wall Street executives who passively continued to keep the status quo– lavishly rewarding Grasso monetarily for his undivided attention to lavishly lining their pockets year after year when times were good.

There was honor among thieves, as Grasso’s henchmen turned a blind eye to the various forms of illegal activity that allowed them to make obscene amounts of money on the trading floor. Until there wasn’t honor among thieves– as conditions changed.

From a not-for-profit-organization-legal-standpoint, most of the parties and individuals involved were engaging in various highly unethical activities, at best; conflicts of interest abounded as participants in the exchange network cooperated in a way that maximized profits for everyone until, as usual, some individuals got too greedy.

Being head of the New York Stock Exchange is not unlike leading the U.S. government. The marriage of politics and commerce is always fraught with conflicts of interest. Some are avoidable. It’s a shame that politics in particular tends to attract dishonest attention whores with hubris syndrome whose ethics are in the basement. Of course, they usually use the “everybody does it” excuse and change the subject if they can.

But there ought to be equal justice under the law for any of the accused– after an investigation of where the evidence leads— with NO jumping to conclusions, assumptions or biases prior to a thorough review of all evidence, if any. Along these lines, one would do well to ignore the superlative-laden, repetitive, sensationalist drivel emanating from the teleprompter box, um, er– idiot box.

Anyway, starting in the late 1990’s, unbridled greed led to a bunch of scandals. There was Long Term Capital Management, Enron, WorldCom, the dot-com crash, various major SEC violations committed by big-name brokerages; not to mention 9/11’s impact on the financial markets. All on Grasso’s watch. Yet, his pay kept soaring, anyway. It wasn’t pay-for-performance anymore.

Finally, Grasso got the same treatment, figuratively speaking, as other major historical figures. One week he was flying high and the next, kicked to the curb. Grasso was suffering from a bad case of hubris syndrome. In early September 2003, herd mentality / groupthink seized the board; jealousy (possibly subconscious) of his pay package reached critical mass.

Read the book to learn of the usual occurrences in such a situation (investigation, litigation, political machination and myth propagation) that led to the changing of more things, and more of same.

Undercover

The Book of the Week is “Undercover, The Secret Lives of a Federal Agent” by Donald Goddard, published in 1988. This was the biography of a New York City undercover drug agent allegedly named Michael Levine.

Born in December 1939 in the Bronx (in New York City) among blacks and Latinos, Levine’s childhood was fraught with fighting and underage drinking. At eighteen years old, he applied to join the Air Force but pursuant to his aptitude test results, was assigned to the Air Police. He, helped only by a German shepherd, ended up guarding American nuclear weaponry in a rural area near the Canadian border. He enjoyed the work, but after a year, got into a fight sparked by racial tension.

In the next several years, he found that intelligence work was his calling. That was the way to put his acting talent and street-Spanish language skills to use for good, to combat evil. He did time at the IRS Intelligence Division, and then the Alcohol, Tobacco and Firearms (ATF) agency, part of the Treasury Department of the federal government.

Sometimes as many as four other government entities (FBI, CIA, IRS, NYPD) were supposed to cooperate to surveil a mafia don in the neighborhood of Little Italy in Manhattan (New York City). The undercover work became a joke because the don knew he was being tailed, and the don’s driver told the spies where he would be going. Working morning, noon and night, Levine frequently got his man, arresting all walks of life of the criminal underworld– possessors of unlicensed guns, drugs, stolen driver’s licenses and credit cards– taking on five or six cases at a time.

From the ATF, Levine was promoted to customs inspector, under the auspices of the State Department, where he got more power than ever. He was able to execute searches without a warrant, and operate internationally. In 1973, he survived the consolidation of entities of law enforcement of cocaine, heroin, hash, marijuana, etc.– into one Drug Enforcement Administration.

Levine’s favorite place to work was on the street. He wasn’t meant to be a paper-pushing bureaucrat in an office. One kind of case he worked might involve a “buy-bust” on the Lower East Side (of Manhattan) in which the informer was an “orange-haired Cuban bisexual who lived with the female Jewish butcher” that resulted in the arrest of three Mexicans who possessed a full kilo of heroin.

Levine acquired more than two decades of experience masquerading as an insider in the New York City drug scene. He witnessed all aspects of it, handling thousands of cases, working harder, and more hours than most other law enforcement personnel. He testified in court as an expert witness countless times. Therefore, he felt he knew the least bad solution to the ever-increasing societal problems stemming from the abuse of drugs.

Levine said the drug users were the problem– they were the ones generating demand for the product. If they disappeared, so would the problems because the sellers would go out of business. He pointed out that the “… dealers weigh the risks against the money they make. They don’t respond to fear of the law.” The users would.

Levine recommended that there be strong deterrents: hard prison time for illegal-drug possession and illegal-drug intoxication of the slightest amounts.

At first glance, that recommendation seems logical. Of course, Levine’s career would get a gigantic boost in the event of such a trend. For, Levine described his undercover work thusly: “We’re paid to lock people up, that’s all. What happens to ’em after that has got nothing to do with us. It’s up to them, their attorneys, our attorneys, public opinion, politics, the media… Juries convict people, not agents… But that’s not to say you won’t face real dilemmas about guilt and justice.”

HOWEVER, considering the consequences, one begins to think, “Oh, that’ll end well.” Harsher punishments would create as many problems as they would solve. The trouble was that many of the users were also dealers. So if the users/dealers were the sole source of income for their families, and the users got locked up for a long time, what happened to their families?

The jails would become overcrowded, and there would have to be a massive hiring effort to build more prisons, and catch, process, judge, guard and legally represent the additional soon-to-be prisoners, not to mention the legal can of worms that drug-testing would open up.

Not only that, such a major change in the legal system would highlight the two-tier justice system in this country. Poor people of all ethnicities possessing drugs would be imprisoned. As always, the troubles of those people (most of whom began their lives in unlucky situations) would be compounded. Just ask any public defender– whose caseload would increase, but his or her budget wouldn’t.

This, while the rich people (such as those in the Hamptons– the summer-vacation region on Long Island in New York State), would skate. Those inheritors of wealth and privilege could afford to hire high-priced attorneys. They would squelch the bad publicity that would result from their indiscretions by paying people to shut up and go away with non-disclosure agreements. Their families might have been just as dysfunctional as those of the poor, but the public would never hear about any of that.

As is well known, addicts hurt themselves and their families, but are usually not a danger to society at large, unless they get behind the wheel of a car, or operate heavy machinery. Or get into a gunfight over a drug deal gone bad. However, as an aside– there ought to be NO inherent unfairness in imposing very harsh penalties on possessors of firearms that were acquired ILLEGALLY. Applying the “broken windows theory” of crime to such possessors would likely prevent countless violent crimes.

For, the kinds of people who get hold of guns when they shouldn’t, are the kinds who use them in not-so-nice ways. So it would seem that they would be much more dangerous to society at large, than addicts.

In recent decades, there has been a media trend to report on human interest stories of mass-shooting victims so as to not glorify the shooters. But the news cycle on them ends, and celebrity non-stories, hysterically reported, grab the headlines again.

There’s no follow-up– NO reporting of punishment, if any, for the shooters subsequent to their pleas or trials, if they weren’t killed at the scene of the crime. Perhaps if the media showed (with harsher, new laws) the serious punishments resulting from the shooters’ actions again and again, there would be less tolerance in society for illegal firearms. This might be a start.

Anyway, read the book to learn the details of Levine’s life.

A Good American Family – BONUS POST

The Bonus Book of the Week is “A Good American Family, The Red Scare and My Father” by David Maraniss, published in 2019.

Born in 1918 in Boston, the author’s father grew up in Brooklyn. He was outed as a Communist by a female member of the FBI. She joined the Communist Party USA in order to spy on it, then for nine years, was paid big bucks to tattle on its members.

In March 1952, the elder Maraniss was subpoenaed to appear at a House Un-American Activities Committee hearing in Detroit. At that time, he was summarily fired from his job as a re-write man at the Detroit Times; ironically, a rabidly anti-Communist newspaper owned by Hearst.

A high-level federal judge in New York State, Learned Hand, provided the legal grounds on which the investigations into Communists rested in the 1950’s. Suppression of free speech was justified by the extent and probability of its leading to evil. “The worse the evil and the greater the probability, the more free speech could be curtailed.”

The ironies and consequences resulting from the above reasoning led to a dark period in American history. The take-away from the Red Scare was that the accusers led by Joe McCarthy, trampled on due process when confronting their prey– those who were allegedly associated with or were allegedly Communists.

One curious little experiment indicated just how effective fear-mongering propaganda can be. One irony is that fear-mongering propaganda is itself considered to be protected free speech!

In early July 1951, a reporter from the Capital Times newspaper in Madison, Wisconsin asked 112 random people in Henry Vilas Park to sign a petition, the text of which contained, “… the preamble to the Declaration of Independence… six of the ten amendments to the Bill of Rights, along with the Fifteenth Amendment granting black men the right to vote.” Only one person willingly signed. Almost one fifth of the people called the reporter a Communist.

Read the book to learn additional details of the tenor of the times in connection with the author’s father’s persuasion and generation, and the fates of his other immediate and extended family members and his accusers.

How the Post Office Created America / Superpower

The First Book of the Week is “How the Post Office Created America” by Winifred Gallagher, published in 2016. This was a detailed account of the history of the delivery of written communications in what is now the United States.

In the 1630’s, a Boston-area tavern doubled as the first post office. Local politicians and rich businessmen collected their Transatlantic written correspondence there; the latter paid for the privilege. The service was “… primarily designed to advance an imperialistic power’s interests, serve a narrow elite, and produce some revenue for the [British] Crown.”

It was in the interest of Great Britain to improve the roads to distribute the mail in the thirteen colonies (which later became the United States), as she was competing with France to rule the colonies.

Postal carriers had to deal with unforgiving land, mountains, rivers and hostile Native Americans in making their appointed rounds. A month might elapse, what with uncertain weather, before mail went from Boston, MA to Richmond, VA. The literate read letters aloud to update their fellow community members of goings-on in places far away.

Ben Franklin was a prominent figure in the mid- to late 1700’s due to his numerous, various contributions to humanity. Between and among the colonies– Canada and Britain– in the mid-1750’s, he served as one of two Postmasters General.

The colonists were demographically and geographically fragmented even after they became Americans. There were Puritans in Massachusetts, Dutch traders in New York, elitist slave owners in the South, and pioneers in the Midwest. But they all agreed that there should be a nationwide free exchange of ideas.

Read the book to learn how mail delivery quickened with more advanced forms of transportation and mail-sorting, what the “Pony Express” really was, and the controversies over: a) postage rates for different regions; b) which entity should authorize mail delivery– the federal or state governments, or private companies; c) whether the Post Office should stray from its core business of delivering only written communications, including newspapers and magazines (rather than electronic, or packages), and more.

In the United States, delivery of written communications evolved into a public-private partnership, as has the distribution of electric power. The two have become interconnected because communications have increasingly required electric power. Government regulates the two because they are the trappings of an industrialized society and massive disruption of them might cause significant economic and social (not to mention political) harm to the nation.

Some Americans are pushing to significantly reduce pollution by sourcing electric power from wind and sun. That activity, which is growing in popularity, was described in the Second Book of the Week– “Superpower, One Man’s Quest to Transform American Energy” by Russell Gold, published in 2019. This was the career biography of Michael Skelly, renewable-energy entrepreneur.

As is well known, what to do about environmental pollution has been a political football for the last few decades. In the late 1970’s, when Minnesota farmers used weaponry and sabotage to protest the building of power towers on their land, a Minnesota state trooper commented, “Whenever there is progress, there is change and change does not benefit everyone. Change is hard for some people to accept.”

In the Obama administration years, the U.S. Energy Department funded a study conducted by the National Renewable Energy Laboratory outside Denver.

Researchers used a supercomputer to analyze hypothetical scenarios in 2026 in which wind and solar power would account for thirty percent of the power generation of the Eastern Interconnection (infrastructure that would transmit energy across states and provinces between eastern New Mexico and Quebec, Canada); electric power would go back and forth, depending on need. The results were promising. Once infrastructure was in place, costs wouldn’t be significantly higher than fossil fuels or nuclear energy.

For, wind and sun are free of charge. Fossil fuels’ prices fluctuate. True, wind and sun aren’t available 24/7, but a giant network spanning thousands of miles would allow energy to be transferred across time zones wherever needed, when wind and sun aren’t available.

Skelly was a doer. He didn’t waste time in “Twitter feuds or policy battles.” In the early 1990’s, after acquiring life experience in the Peace Corps and Harvard business school, he supervised the construction of an unprecedented tourist attraction in Costa Rica: an open-air gondola / tram from which travelers could view flora and fauna from the rain-forest-canopy.

Then Skelly got into wind farms. Building them involves an extremely expensive, years-long series of steps to get cooperation from numerous stakeholders such as investors and local: residents, governments and utilities, not to mention the federal government. The company building the turbines sees nary a penny of revenue until it sells the energy. It must get a slew of regulatory approvals, and fend off angry opposition and lawsuits.

Interesting factoid: by 2007, Texas had surpassed California in renewable energy generation.

Bankruptcy is always hanging over the head of the project initiator. In 2005, Skelly and his fellow executives were able to sell to Goldman Sachs a 90% interest in their company. Getting the investment bank involved enabled them to purchase a few billion dollars’ worth of turbines from Europe. Goldman got a major tax break for building the wind energy project.

Skelly was a conscientious individual. Federal law required a different, later venture of his– Clean Line– to have one public meeting with the locals. Clean Line had fourteen meetings. Skelly spent eight years involved with another project, Plains and Eastern. “It would be a $9.5 billion private investment, generating thousands of manufacturing and construction jobs and using enough steel for four aircraft carriers.”

Read the book to learn all the details of Skelly’s trials and tribulations in supervising renewable-energy projects.

Financier

The Book of the Week is “Financier, The Biography of Andre Meyer, a Story of Money, Power, and the Reshaping of American Business” by Cary Reich, published in 1983.

In the 1950’s and 1960’s, Meyer was a pioneer of the mergers and acquisitions craze in corporate America. He was the head honcho at the investment banking firm of Lazard Freres.

The firm exploited the trend, switching from supplying venture capital to advising its clients which were institutional, to form conglomerates, because it was thought that bigger was better. Other firms spent big bucks on research analysts, whose pronouncements were sometimes wrong. Lazard specialized in numerous, diverse, creatively structured deals.

Beginning in August 1951, for instance, for the purpose of minimizing the tax on the purchase and sale of an eight hundred thousand acre cattle ranch in Texas, over what turned out to be the course of a decade– Lazard split up the real property into sixteen different parcels, each owned by a different corporate entity. This way, the eventual 80% profit on the approximately $18 million investment was classified as capital gains (taxed at 25%) rather than real-estate income (taxed at 90% in those days; that’s not a typo).

The absolutely most valuable investment in the 1950’s and 1960’s was real estate because inflation was only 1%, and real estate ventures were easy to form. This was shown by Bill Zeckendorf, who (after obtaining loans with usurious terms on various occasions from Lazard), in August 1968, with assets of $1.8 million and debt of $79 million, rose from the ashes of bankruptcy to form General Property Corporation, and continued doing real estate business.

In early 1977, Meyer “… was convinced that the world was heading for economic apocalypse, that capitalism was dying, that government deficits and inflation were out of hand, and that nothing was a safe investment any longer… Should you buy gold? Stocks? Art? Bonds? And he didn’t want to buy anything.”

A man with his life experience should have known better. As is well known, the economy recovered within a decade. Granted, it got worse before it got better, and of course, shortly after that, there occurred a stock market crash and recession. But one need only wait ten years or less to see major changes in the nation’s economics (and politics for that matter; not that there aren’t lingering scars).

Excuse the cliche, but this too, shall pass.

Read the book to learn about Meyer’s major deals, the corporate culture of Lazard Freres, and how its reputation was hurt when it became too creative with its complicated stock swaps in its underwriting activities.