Congress recently passed another new law that is supposed to outlaw financial crime. Corporate officers will be sent to jail for cooking the books as it is called. Among other things it is taking the stockholders money and paying themselves huge bonuses for nonperformance. These guys are even worse than mutual fund managers who do the same thing get paid big salaries yet continue to lose your money.

I can remember many years ago (Ive got a few years on me) when they started building very fancy prisons with nice cells and tennis courts and nothing but a tiny fence around them. The story was these were being built for government officials who might get caught with their hand in the till and I have no reason to doubt it.

Today we have the new Sarbanes-Oxley Act that makes it a federal crime to commit financial fraud of various kinds. This new piece of legislation is going to be about as effective as the Brady Bill was in eliminating crimes committed with a gun. A crook is a crook is a crook. With or without a gun.

It seems that most of these high-priced executives that were convicted have been going to halfway houses. No bars, no fences, no cells. About 50% of inmates (?) in these prisons are those convicted of financial crimes. Most of the others are drug addicts and single moms. They can even get weekend passes to visit their palatial estates. Attorney General Ashcroft wants them to get the maximum sentences is a regular jail, but a group called the Sentencing Commission wants a lenient standard. I dont know who is behind this group, but it seems to be in line with my motto of follow the money. The more money you steal the shorter the jail time will be.

We recently had Merrill Lynch and other major brokers fined $1.4 billion (yes, thats a B) for their lying to stockholders by giving out false information generated by their analysts, read salesmen. Not one penny of this is going to the people who were cheated and none of the brokerage company executives will get any jail time.

Almost none of the individual company executives have been ordered to make even partial restitution to stockholders. Unless something is done this lenient policy will go into effect in the first week in January. If you have lost any money in the stock market these past 3 years I think it would be a good idea to let your Congressman know that you want those bums kept in jail until they give back as much as they have stolen or at least until they are as broke as their shareholders.

Many will agree that the punishment should fit the crime. Letting them serve their terms in halfway houses without repayment is not my idea of that. Maybe Washington should hear from you.

Al Thomas

Albert W. Thomas has spent most of his life in the field of finance. In 1965 he founded an insurance holding company, Security Dynamics Investment Corporation, after having been an agent and General Agent for several life insurance companies. In 1970 he became cofounder and president of Real Life Estate, Inc., that marketed a unique real estate and life insurance package.

After he became interested in commodities he bought a seat for his personal trading on the Chicago Open Board of Trade, which is now known as the MidAmerica Commodity Exchange. Later he became a full time trader and also acted as a commodity broker for a few select clients. By fellow floor traders Al is considered to be an excellent technical analyst much of which is outlined in his book IF IT DOESN'T GO UP, DON'T BUY IT! It became a best seller on Amazon.

In 1981 he sold his membership on the Exchange and with his wife, Carolyn, lived full time aboard their 41' ketch, the Aumakua (which means guardian angel in Hawaiian). They sailed in Florida and the Bahamas for two years.

He founded World Trading Group in 1984 that grew to the seventh largest introducing commodity brokerage firm in the U.S. with 35 offices from coast to coast, Alaska and Canada. It was sold in 1992.

Al is a graduate of Northwestern University with a B.S. degree in Commerce and is a member of MENSA. He is now president of Williamsburg Investment Company that syndicates his weekly financial column since 1999 to more than 300 newspapers and writes a financial market letter called Over My Shoulder that is quoted in Barron’s and many other publications. A 3-month trial subscription is available on his web site. He is a regular guest on several financial radio talk shows.

His favorite pastime is fishing.

Mr. Thomas is available for speaking engagements. Please call 321-453-5300 for more information.