Posted on 05/19/2020 8:28:12 AM PDT by Liz
Since 2013, Chinese companies have been allowed to participate in US stock and bond exchanges without having to fully comply with the same Sarbanes-Oxley Act accounting practices and risk disclosure required of American companies.
The concession was made in a little-noticed Memorandum of Understanding executed seven years ago by the Public Company Accounting Oversight Board (PCOAB), a nonprofit regulator empowered by the Sarbanes-Oxley law to ensure U.S. investors are protected from making bad investments because of faulty audits or financial information.
The agreement was reached in May 2013 after Chinese leaders pleaded for improved access to American capital markets in multiple meetings with then-Vice President Joe Biden, transcripts from the Obama administrations archives show..
Now seven years later, the PCAOB and its parent Securities and Exchange Commission have allowed the agreement to continue despite their own warnings that China has not been complying with the MOU and has left global investors, including Americans, with potentially risky investments totaling as much as $1.9 trillion.
We remain concerned about our lack of access in China, the PCOAB said in a recent statement. .Unfortunately, since signing the MOU in 2013, Chinese cooperation has not been sufficient for the PCAOB to obtain timely access to relevant documents and testimony necessary to carry out our mission consistent with the core principles identified above, nor have consultations undertaken through the MOU resulted in improvements.
The warning, also echoed by the SEC, means that federal regulators cant ensure American investors who wittingly or unwittingly invest in Chinese companies that the financial data offered by those companies is sound.
The danger of Chinas noncompliance was dramatized recently by the spectacular collapse of Luckin Coffee, which used Wall Street to raise a half-billion dollars on the bold promise it could become the Starbucks of China. The company recently collapsed after investors were told its $12 billion valuation was based on inflated accounting. The firm reportedly has admitted it fabricated its 2019 revenue numbers.
Armed with the tale of Luckin Coffee and a clear case of China being allowed to play by different rules than U.S. firms, supporters of President Trumps get-tough China policy are encouraging the president to take action, up to and including de-registering Chinese companies from the American stock and bond markets if compliance doesnt snap into place.
It is unconscionable that Chinese entities that have already raised over a trillion dollars from U.S. investors have their securities (stocks, bonds, etc.) registered with the Securities and Exchange Commission, but have been given a 'pass' from compliance with the statutes, regulations and accounting standards required of SEC-registered American corporations, declared a letter sent to Trump on Sunday from dozens of conservative and liberal activists and national security experts.
Those urging the president to act cite his recent and unexpected action to order the Federal Retirement Thrift Investment Board overseeing the Thrift Savings Plan of federal and military retirement funds to stop plans to invest those funds in Chinese "bad actor" and other companies through a new global index.
The decision to allow billions of federal retirement dollars to be invested in Chinese companies, including military contractors and human rights abusers, was made in 2017 by Obama-holdover appointees and was weeks away from occurring when Trump suddenly intervened earlier this month.
The board was instructed by Trumps chief national security and economic advisors to stop the investment, and the president has named new appointees to implement his reversal of the Obama policy.
The argument Trump made in intervening in the federal retiree matter was that economic security and national security go hand and hand when it comes to China. And advocates of a second intervention, this time with the PCAOB, believe strongly that the same argument applies to the U.S. capital markets more broadly.
Michael Pillsbury, Trumps chief outside policy adviser on China, told Just the News he believes Trump should intervene and force regulators to make China comply with its 2013 MOU or penalize Chinese companies by removing them from U.S. exchanges.
I learned the presidents views on this well during the transition, when he told me at Trump Tower, that unlike the permanent bureaucracy that separates national security and economic security, in his mind there is no separation between the two, Pillsbury said.
The National Security Council and the National Economic Council should co-sign a letter demanding action, he added. Its a matter of both national security and economic fairness to Americans.
Trump was asked about Chinas lack of compliance with the MOU last week during a TV appearance with Fox Business News anchor Maria Bartiromo, and said his White House is reviewing the matter.
What happens is, so we say, 'You're going to do this and you're going to follow the rules of the New York Stock Exchange or Nasdaq.' And what are they going to do? They say, 'OK, we'll move to London or we'll move to Hong Kong,' the president said in explaining past inaction on an issue that has been known to regulators for years.
Roger W. Robinson, the chairman of the Prague Security Studies Institute and a former senior economic adviser to President Ronald Reagan, said Trump has the leverage to demand an end to China's preferential treatment because China has no other capital markets with the liquidity, depth, research support and prestige of the U.S. markets.
And, he added, there is a powerful political argument that Chinas ability to access U.S. capital markets without complying with the same rules as U.S. firms can unfairly cost millions of Americans jobs down the road because of an uneven playing field.
The fact that Chinese companies are not required to comply with federal securities laws and SEC regulations on material risk disclosure means that they are actually receiving preferential treatment over their American corporate counterparts in our capital markets, Robinson said.
"For those worried that forcing such compliance would cause China to simply move its companies' listings and equity and debt offerings elsewhere, U.S. global financial dominance is such that, to a large extent, there is no elsewhere given China's huge annual fundraising requirements, he added.
Chinas ability to access the New York Stock Exchange, NASDAQ and other markets without fully complying with the Sarbanes-Oxley accounting rules came during the Obama-Biden second term.
After American and other foreign investors lost billions in Chinese investments between 2010 and 2012 during an era of risky mergers and startups, U.S. regulators began cracking down, including seeking action against the four major accounting firms in China that had refused to provide auditing documents requested by the SEC. The accountants claimed they couldnt provide the information without violating Chinese privacy laws.
The SEC would eventually settle the accountant cases with fines.
And the PCAOB -- with the SECs blessing -- proceeded with the MOU with Chinas securities regulator. Under the deal, China agreed to let PCAOB gain timely access to certain audit documents of its homeland companies, but did not allow on-site audit firm inspections like those imposed on American firms, kicking that compliance issue down the road.
In the end, China never allowed the inspections and mostly failed to comply with the document requests, essentially allowing the countrys U.S.-listed firms to enjoy all the benefits of U.S. stock market access without the need to comply with Sarbanes-Oxley. The SEC and PCAOB has been raising red flags since 2018 but its lack of action has drawn significant criticism.
In the period leading up to the MOU, China pleaded its case to Vice President Biden, who was a point man for Obama on many issues related to China and frequently visited with Chinese leaders, according to documents in the Obama administrations archives. Biden himself embraced China's economic emergence as good for the world.
"Ive held the view for so many years and continue to hold the view that a rising China is a positive development," Biden declared in 2011 speech.
Biden hosted current Chinese President Xi Jingping, then Beijings vice president, at an event in August 2011 where the Chinese leader urged that the Obama administration eliminate the interferences of trade and investment protectionism in American markets, according to a transcript in the Obama administration archives.
Biden responded with a promise to work toward a solution, the transcript shows.
You have legitimate concerns about access to America. And I would argue we have legitimate concerns in reverse, Biden said. But the trajectory of the relationship is nothing but positive, and its overwhelmingly in the mutual interest of both our countries. And its presumptuous to say this, but I think its in the interest of the world. Its in the interest of the world that we increase the interaction between not only our business community, but our economies writ large.
A month later, Biden penned an op-ed rejecting the notion that China posed a threat to U.S. supremacy and urging Americans to invest in Beijings success.
Some here and in the region see Chinas growth as a threat, entertaining visions of a cold-war-style rivalry or great-power confrontation. Some Chinese worry that our aim in the Asia-Pacific is to contain Chinas rise, Biden wrote. I reject these views.
I remain convinced that a successful China can make our country more prosperous, not less, he added.
Within 18 months of that meeting and op-ed, the MOU was signed.
The concession was made in a little-noticed Memorandum of Understanding executed seven years ago by the Public Company Accounting Oversight Board (PCOAB), a nonprofit regulator empowered by the Sarbanes-Oxley law to ensure U.S. investors are protected from making bad investments because of faulty audits or financial information.
The agreement was reached in May 2013 after Chinese leaders pleaded for improved access to American capital markets in multiple meetings with then-Vice President Joe Biden, transcripts from the Obama administrations archives show..
Now seven years later, the PCAOB and its parent Securities and Exchange Commission have allowed the agreement to continue despite their own warnings that China has not been complying with the MOU and has left global investors, including Americans, with potentially risky investments totaling as much as $1.9 trillion. We remain concerned about our lack of access in China, the PCOAB said in a recent statement.
.Unfortunately, since signing the MOU in 2013, Chinese cooperation has not been sufficient for the PCAOB to obtain timely access to relevant documents and testimony necessary to carry out our mission consistent with the core principles identified above, nor have consultations undertaken through the MOU resulted in improvements. The warning, also echoed by the SEC, means that federal regulators cant ensure American investors who wittingly or unwittingly invest in Chinese companies that the financial data offered by those companies is sound.
Then VP Biden toasts China's XI. "My view for many years that a rising China is a positive development," Biden declared in 2011 speech.
Biden penned an op-ed rejecting the notion that China posed a threat to U.S. supremacy and urging Americans to invest in Beijings success. Some here and in the region see Chinas growth as a threat, entertaining visions of a cold-war-style rivalry or great-power confrontation. Some Chinese worry that our aim in the Asia-Pacific is to contain Chinas rise, Biden wrote. I reject these views. I remain convinced that a successful China can make our country more prosperous, not less, he added.
Underneath all the Biden rhetoric about the ennobling virtues of globalism was some very parochial and familial profiteering.
In 2013, Joe and his son Hunter Biden flew on Air Force Two to China. China’s BHR Partners was founded that year and included Hunter Biden as a board member.
The big Chinese partner in the BHR arrangement was Harvest Fund Management which, coincidentally enough, in 2012 was targeting Hollywood with an $800 million investment fund.
That same year, you could find Bruno Wu, who had been working with Harvest, and Chris Dodd, along with Harvey Weinstein, playing roles at the Asian Film Summit in Toronto. And the money didnt just go one way.
The Delaware Board of Trade was incorporated in 2013. Despite its name, the DBOT was not a government agency, but a penny stock startup which received a $3 million loan from New Castle County.
The big Chinese partner in the BHR arrangement was Harvest Fund Management which, coincidentally enough, in 2012 was targeting Hollywood with an $800 million investment fund.
That same year, you could find Bruno Wu, who had been working with Harvest, and Chris Dodd, along with Harvey Weinstein, playing roles at the Asian Film Summit in Toronto. And the money didnt just go one way.
The Delaware Board of Trade was incorporated in 2013. Despite its name, the DBOT was not a government agency, but a penny stock startup which received a $3 million loan from New Castle County. (Delaware is Joe Biden’s home state which he repped as a US Senator.)
New Castle County had approved the issue of $15 million in revenue bonds to fund the DBOT “stock exchange” by touting the “globally recognized leaders in the financial services industry” running it. DBOTs founders included people with experience in stock exchanges and financial services, and Dennis Toner, who was described as a “top aide to Vice President Joe Biden.”
Toner, Biden’s deputy chief of staff, is in the news for denying that Tara Reade ever told him anything.
Reades decision to tell Toner and Ted Kaufman was a pretty poor one. Both are longtime Biden men and considered as close to the boss as family. And theyve reaped the benefits of that closeness.
Emperor Caligula appointed his horse to the Roman Senate. After Obama won, Ted Kaufman was temporarily appointed to the Senate. If there was anything odd about appointing a Biden advisor to sit in the Senate, it became odder when Senator Kaufman delivered the opening statement in favor of Toners appointment as Post Office Governor, by vouching for his loyalty working for Joe Biden.
Tara Reade might as well have taken her complaint to Biden, as to Toner and Kaufman.
The current New Castle County exec has since called DBOTs founders criminals and threatened to sue after the company was disposed of as a “distressed asset” in exchange for shares of Ideanomics. Ideanomics is a Chinese crypto company trading as a penny stock and the software that served as collateral for the loan has been described as worthless. The chairman of Ideanomics is Wu.
The manager of DBOT-I LLC was listed as John Hynansky. The car dealer is a Biden pal with extensive Ukrainian ties who had lent Bidens shady brother half a million dollars and had received $20 million in government loans to start a Porsche luxury car dealership in the Ukraine.
Bidens vaunted foreign policy expertise has consisted of brokering deals between family members, donors, and foreign interests. These deals havent been good for America, but theyve worked out very well for members of his crooked family, as well as assorted donors, camp followers, and local boys.
But his biggest deal was helping broker the Chinese takeover of the American entertainment industry.
Xis visit to Los Angeles hit on all the right cultural notes. He schmoozed Hollywood bigwigs and their errand boys, like Dodd and Biden, he watched a Lakers game, and cheered Obamas 100,000 Strong China initiative to have a hundred thousand American students study in the Communist dictatorship.
“I can say with confidence my visit has been a full success,” Xi declared.
In China, culture serves the agenda of the Communist government. Unlike the Russians, who struggled vainly to stem the impact of American culture, their Chinese counterparts decided to control it at the source. Biden was a key figure in negotiating the terms on which the PRC would control Hollywood.
In 1962, the Manchurian Candidate depicted an effort by Communists in China, Russia, and elsewhere to kidnap and brainwash American soldiers. The modern remake replaced the Communists with a corporation and the Chinese doctor with a South African geneticist. China could not be offended.
While Biden, Katzenberg, and Xi were partying at the Marriot, human rights protesters were calling for freedom, and being arrested by the henchmen of a one-party Democrat city and state for their trouble.
Even while Biden was falsely claiming that the Hollywood sellout would improve human rights in China, the rise of China was already violating human rights in America. Now, as Chinese drones fly over American cities, police stalk empty streets, social media monopolies monitor every single phone, and Democrat officials dismiss the Bill of Rights while locking up millions of people, our rights are gone.
And Joe Biden is the Manchurian Candidate who long ago sold out the country he now seeks to rule.
Nothing to see here, keep moving.
Sarbanes-Oxley is a terribly flawed law that needs to be drastically revised or repealed (it’s a boon for big software companies and auditing firms though). That said, it’s the rules of the game, and everyone should be held to the same rules otherwise there are no rules.
Two words - Luckin Coffee - all shareholders who lost money (that would be all of them) should sue the Obama-Biden administration for allowing this fraud.
Did the Chinese plead on their knees or with 'cash and favors' on the side?
Too bad our 'intelligence people' were corrupt - spending their time hanging out with David Ignatious - imagining themselves 'part of history' with their inflated egos and BS dripping from every pore...
A better group of 'intelligence people' would have looked into this China mess and democrat sell out years ago - and warned us.
How many Billion$ did the Bidens receive for THAT little caper?
I know....it IS VERY shocking....cackle.
Great idea.
<><> Biden's a Chinese asset.
<><> Penlosi was in lockstep---in Cali's Chinatown during the virus epidemic to soften up the Chinese for campaign donations.
<><> The Chinese named Hunter Biden to the board of the billion dollar Chinese private equity company BHR Partners,
<><> Hunter organized a meet-and-greet between his father, then-VP Joe Biden, and BHR CEO Jonathan Li on Dec. 4, 2013, according to New Yorker magazine.
=====================================
AND THIS
SOURCE https://thehill.com/hilltv/442351-analyst-biden-china-comments-inexplicable-absolutely-incorrect
5/6/2019 - BY Saagar Enjeti
When he threw his hat into the 2020 ring, Biden came out swinging.
He mocked President Donald Trump's position on China at a campaign rally.
BIDEN: China is going to eat our lunch? Come on, man...they cant even figure out how to deal with the fact
that they have this great division between the China Sea and the mountains in the east, I mean in the west.
Biden continued "they cant figure out how theyre going to deal with the corruption that exists within the system. I mean, you know, theyre not bad folks, folks. But guess what, theyre not, theyre not competition for us.
Witmer would fit right in with the Bidens Chinese apparat.
A Communist Chinese group networking with US governors voted Gretchen "The Most Friendly---Most Likely to Bring Noodle Bowl to Chinese Man's Hotel Room."
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