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Showing posts with label Asset Protection. Show all posts
Showing posts with label Asset Protection. Show all posts

Thursday, September 26, 2013

IRS Filling The Pipeline With Captive Insurance Cases And Focusing On Dubious Practices




Forbes:

Jay Adkisson, Contributor
I write about asset protection.

Logo of the Internal Revenue Service
Logo of the Internal Revenue Service (Photo credit: Wikipedia)

Mr. John Glover of the IRS General Counsel’s office spoke about captive insurance arrangements Friday in San Francisco at a meeting of the American Bar Association’s Tax Section, which was hosted by that Section’s Insurance Companies Committee and co-sponsored by the Business Law Section’s Committee on Captive Insurance (of which I am the current Chair).
By agreement, the program was not recorded, Mr. Glover’s remarks were not “on the record”, and what follows comes from my notes and should not be taken as anything like a transcript of his remarks.
Mr. Glover has long been instrumental in IRS rule-making with regard to captive insurance companies, and so many tax practitioners in the field hang on to his every syllable and nuance as if he were the Fed Chairman.


The IRS has concerns about risk pooling arrangements and is beginning to focus on such arrangements, stated Mr. Glover, especially in cases where there is nominal laying and assuming of risks, but in the end reconciliation there really isn’t any risk-shift because the captive or business owner will reimburse the pool for significant losses. But there is also concern where the risk pool is simply an account where money comes in, and money goes out, and it is called “insurance” when it is really anything but.
Another concern that the IRS is starting to focus on, stated Mr. Glover, are dubious risks. The example he gave was of a widget shop in Nebraska that purchases tsunami insurance. The IRS has an increased interest in the pricing of captive insurance policies for such things as terrorism, cyber-liability, etc., which may be the subject of abuse.
Notably, Mr. Glover addressed the lack of IRS enforcement in the area of captives, noting that it has taken some time to get cases into the pipeline, but making a special point that the IRS now has more cases pending in tax court against captives than ever before — and the growth of the sector means that the IRS will be tasking more resources towards abusive practices. (This is not to be read that the IRS is challenging captives generally; to the contrary, the IRS now recognizes the legitimacy of proper captive insurance arrangements, and Mr. Glover has himself drafted much of the guidance for that purpose).
Captive insurance cases currently pending before the U.S. Tax Court include:
  • Rent-A-Center, Inc. & Affiliated Subs. (Dkt. Nos. 8320-09, 6909-10 & 21627-10)
  • YRC Worldwide & Subs. (Dkt No. 6714-10)
  • Securitas Holdings, Inc. & Subs. (Dkt. No. 21206-10)
  • Dielco Crane Service (Dkt. No. 21726-10)
  • Pilgrim’s Pride (Dkt. No. 16972-10)
  • Vincent Enterprises, Inc. & Subs. (Dkt. No. 2759-10
Other cases in other courts include:
  • Proliance Surgeons (Dkt. No. 1:09-cv680) (Court of Federal Claims)
  • Salty Brine (Dkt. No. 5:10-CV-00108-C); K&T Farm Ltd. (Dkt. No. 5:10-CV-00109-C); Wasson Solid Waste Disposal System (Dkt. No. 5:10-CV-00110-C); Five Star Consolidated Companies (Dkt. No. 5:10-CV-00111-C); Thomas & Kidd Oil Production (Dkt. No. 5:10-CV-00141-C) (U.S. District Court for the Northern District of Texas) (consolidated cases).
Mr. Glover also stated that IRS agent Steve Henson is maintaining a resource well that is available to answer questions for field agents and assist them with particular issues as they increasingly run across captive insurance arrangements.
But Mr. Glover also noted that in attempting to provide guidance for captive insurance practitioners, the IRS is hamstrung by the lack of case law as to many issues, and at this point can only set out various buoys (his term) to help practitioners stay in the safe waters and away from the shoals.
Aside from Mr. Glover’s remarks, other discussion focused on the importance of following NAIC reserving standards, which the tax court has found to be among the most persuasive evidence in whether the reserves were fair and reasonable. It is also very important for the Board of Directors of a captive to carefully review and approve an actuary’s recommendations.
There was a good deal of discussion at the meeting about so-called “Micro Captive” qualifying for special treatment under Tax Code section 831(b) and about the proliferation of promoters who sell captives as essentially a tax shelter with little or no consideration of the true insurance function of such companies.
Finally, there was a discussion of state taxes as they related to captives after the passage of Dodd-Frank, with some practitioners, notably captive tax attorney Bruce Wright, observing that there has been an significant uptick in the actions by various states to collect these taxes, particularly for businesses in California, New York and Texas. Captive tax attorney Chaz Lavelle pointed out that with rare exceptions the states often win these challenges in the state courts, and, despite there sometimes being good arguments why the taxes should not apply under the Todd Shipyards and Dow Chemical opinions, they are often more costly for captive insurance companies to fight than to just pay the taxes to begin with.
The bottom line is that the captive insurance tax world continues to evolve, and that certain dubious practices that did not merit much attention in the past are now almost certain to receive much stricter attention in the future. That somebody has gotten away with these practices in years before is essentially meaningless, or as the SEC requires in prospectuses:
“Past performance is no guarantee of future returns.”
Jay Adkisson
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Wednesday, February 6, 2013

Ten Tips That Could Prevent Cyber Criminals from Hijacking Client Data

WealthManagement.com:





Image representing Forrester Research as depic...
Image via CrunchBase
As tablet ownership continues to grow—doubling since 2011—and more than half of U.S. consumers owning a smartphone, according to a 2013 Forrester Research report, advisors need to be more vigilant about data security now more than ever. Below are 10 easily implemented safeguards that could prevent advisors becoming an easy target for cyber thieves.
Spicy Stories (July 1929) -- Don't Show Everyt...
Spicy Stories (July 1929) -- Don't Show Everything !! ... Americans still lax with Wi-Fi security: survey -- "Anyone can see everything you are doing," Whitman finished her sentence. (November 7, 2011) ... (Photo credit: marsmet463)
1. Nothing Is Free—Avoid using public Wi-Fi whenever possible, warned financial services
technology expert, Bill Winterberg. Using a smartphone’s cellular network ... is more secure, he advised, saying that using a cellular network is going to make it more difficult for hackers to “snoop.”
English: How doses work a VPN ? Français : Com...
English: How doses work a VPN ? Français : Comment fonctionne un VPN ? (Photo credit: Wikipedia)
2. Look Into VPN OptionsVPNs, or virtual private networks, act like a tunnel through the Internet, remotely connecting your computer to a secure server. Using a VPN connection ensures that all Internet communication is encrypted and protected against unwanted probing. 
Many companies offer employee access to an internal VPN, but advisors can also check out independent services including TorVPN and Private Internet Access. ...
3. Stay Logged On At Your Peril—... [Not] logging out means that cyber crooks intent on accessing your unprotected Internet sessions could stay on longer, increasing the potential danger, Winterberg says.  ...
4. Keep Up-To-Date—Advisors should be updating their software and apps as often as possible, especially when those updates that include security improvements. ...
5. Forewarned Is Forearmed—A security system is only as good as its weakest link, says John Sileo, founder of Silio.com and a speaker on privacy and data security. Advisors should train staff to use best data security practices and recognize potential threats such as spear phishing attacks—emails that may deliver malware software to your computer or mobile devices.
 “The number one way we see data stolen is that someone inside his organization is socially engineered out of the data,” Sileo says. Plus, staff training is comparatively cheaper than the estimated $300 per record lost in an average data breach.
6. Triple Check—Even with staff training, advisors should have redundancies in place to keep cyber thieves from impersonating clients, says Adam Levin, former director of the New Jersey Division of Consumer Affairs and co-founder of Credit.com and Identity Theft 911. Although many clients use email—which Leven calls an “inherently unsecure conduit”—to regularly communicate [with] their advisor, there should be a system in place to verify the identity of a client, including follow-up phone calls or in-person meetings. ...
Harris Interactive
Harris Interactive (Photo credit: Wikipedia)
7. Responsible Safeguards—...Envision a “scorched earth” policy when it comes to password protection, as in, no device is exempt, including personal phones and tablets. Approximately 81 percent of employees use at least one personal device such as a tablet or smartphone for business use, according to a 2012 Harris Interactive survey. ...
8. Solid Defenses—Not only should advisors use passwords, they also need to use passwords that are long—generally at least six to nine characters—without having personal details such as birthday, age or social security numbers worked in.
Go beyond the typical 4-digit automatic password option available on smartphones, says Winterberg. While it’s inconvenient to have a long password, the 4-digit approach does not provide enough defense against a “brute force” attack.
9. Think Disposable—At the end of the day, smartphones and to some extent, tablet devices, should be treated as throwaway devices. All information stored on the device needs to be backed up in case something should happen, including loss and theft.
“The most important thing is that people need to look at their mobile device and realize that it is not a communication device, it’s a data storage device,” Levin says.
10. Wipe It Clean—While the Find My iPhone app is designed for iPhone users, there are also similar Android versions on the market. Every data security interviewed for this article recommended that advisors have a version on their mobile devices.
Not only can the app help find the phone or tablet if it’s activated, but the app has a “destroy after reading”-like capability that erase all data on the device in case of emergency.
“You can never be too safe,” Levin said, adding that cyber attacks are only going to become more sophisticated and more damaging as technology improves.       


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Monday, November 12, 2012

What is your time worth?

CBS News:
LAURA VANDERKAM / MONEYWATCH/ November 9, 2012, 7:01 AM

(MoneyWatch) If a colleague dropped by your desk every day and asked you for $20, you probably wouldn't keep giving it to her. Yet many folks burn through 20 minutes waiting for tardy colleagues to start meetings, listening to stories that go on tangents, and responding to emails that never needed to be sent in the first place.
Why do we do that?
"We give away our time much, much, much easier than we give away our dollars," says Carson Tate, owner of Working Simply, a management consulting company that focuses on workplace productivity. "Until we quantify and make time as tangible as possible, like dollars in our pockets, it's really hard to make investment decisions." Indeed, time is often more scarce than money. ...We need to think about time "as a precious commodity we can't ever get back," says Tate. Here is her 3-step strategy for being better stewards of this resource.
1. Look at your investment statement. "Your calendar is your investment statement," says Tate. ... Look at where your time goes. How much time did you invest in doing those things you were hired to do? How much time did you invest in doing supporting tasks that help you stay close to the revenue line? And -- be honest -- how much time did you spend on completely unrelated activities?
2. Track your time. ... Now it's time to go deep in the weeds. Try keeping a time log for a few days, or a week if you can(that link goes to a spreadsheet you can get from my personal website, but you can also just use a regular Excel file or Word document, or a time-tracking app if you like). You'll start to see patterns -- when you have more energy, and when you're easily distracted. You can use this information to plan when to invest certain hours in certain projects to get the best payoff.
3. Align your time and goals. Think of your professional aspirations and the goals of your company. What do you want to do this week, this month, this year? At the end of the month, look at how you've spent your time, and if these investments paid off in your reaching your goals. ... If not, "What are you going to do differently?" asks Tate. ... Look at what has a payoff -- and put your time there.








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    Tuesday, November 6, 2012

    A Flare for Risk

     "A severe solar storm can cripple electrical grids, wreak havoc on our economy and cause trillions of dollars in damage and supply chain interruptions. Think it can't happen? It did in 1859, and in just the last five years, the Earth has been dangerously close to being hit with solar flares. "

    Risk & Insurance Online
    October 15, 2012
    By Kyle Beatty and Nicole L. Homeier


    "Never say never" is a well-known axiom ... but it applies perhaps most dramatically to the potential for catastrophic weather events. Although infrequent, they do happen -- at times with devastating results.


    IN SPACE - JANUARY 23:  In this handout from t...
    IN SPACE - JANUARY 23: In this handout from the NOAA/National Weather Service's Space Weather Prediction Center, shows a solar flare erupting from the sun late January 23, 2012. The flare is reportedly the largest since 2005 and is expected to affect GPS systems and other communications when it reaches the Earth's magnetic field in the morning of January 24. (Image credit: Getty Images via @daylife)

    The most severe space weather event in recorded history -- known as the Carrington Event -- took place in 1859. The largest geomagnetic storm on record, it electrified transmission cables, set fires in telegraph offices, and produced Northern Lights so bright that people could read newspapers by the glow. If a similar storm occurred today, according to a report by the National Academy of Sciences, it could cause $1 trillion to $2 trillion in damages to society's high-tech infrastructure and require four to 10 years for complete recovery. By comparison, Hurricane Katrina caused "only" a fraction of that damage.


    Quantifying the Risk from Severe Solar Storms

    Just how frequent are these extreme storms? According to records of past events, the earth experienced one occurrence in the last 150 years. Therefore, one might conclude the yearly chance of occurrence is one in 150. Some estimates suggest there is a 12 percent chance for an extreme storm to occur within the next 10 years, according to space physicist Pete Riley, senior scientist at Predictive Science in San Diego, Calif., writing in Space Weather. But these estimates ignore the physical details of electric grid risk. As a result, Atmospheric and Environmental Research is currently working with several insurance carriers to establish a much more rigorous view on this.


    Although our work is ongoing, we believe a Carrington-like event is not all that rare or even unlikely. ... In fact, severe space weather events have occurred much more recently. In March, the sun emitted the biggest solar flare in five years. Fortunately, the orientation of the solar storm's magnetic field meant it didn't damage electronic systems here on Earth. ... On July 23, a CME with a nearly unprecedented speed of 3400 km/s blasted from the Sun, and no matter the magnetic field direction, this would have a powerful impact on Earth. Again, we were lucky, the sunspot was facing away from Earth.

    Power Outage
    Power Outage (Photo credit: mrapplegate)

    One famous example of the grid effect from space weather occurred during the early morning hours of March 13, 1989. A blast of magnetized plasma from the sun triggered a powerful geomagnetic storm. The storm spawned electric currents in the ground and in power lines -- currents that rapidly incapacitated key power grid components. A portion of the Hydro-Quebec power grid failed in a cascade fashion. Several key pieces of equipment sustained damage, including two transformers that had to be removed from service. On the same day throughout North America and the United Kingdom, electrical disturbances barraged power grids for several hours. In New Jersey, a $12 million generation step-up transformer at the Salem nuclear plant suffered permanent insulation damage. ... [Workers] were able to install a spare transformer within a "short" six-month time frame. Over the next two years, there were 12 transformer failures in North America suspected to have resulted from to the storm. The outage was a chilling reminder of our reliance on electrical power -- and the vulnerability of our grid to geomagnetic storms.

    English: Simplified map of power distribution ...
    English: Simplified map of power distribution grid in United States with sections vulnerable to outage during to the larges geomagnetically induced current expected during 100 years of space weather. (Photo credit: Wikipedia)

    One cause for heightened concern is that the average age of transformers is significantly higher now than it was in 1989, meaning that the damage would be greater from a repeat of this scale of event. Also, in the 23 years since the Quebec grid sustained damaged, global companies and regional economies have increased reliance on the electrical grid dramatically, meaning the impact today of a similar solar event could be even more drastic.


    Artist's rendition of Earth's magnetosphere.
    Artist's rendition of Earth's magnetosphere. (Photo credit: Wikipedia)

    Strategies to Manage Risk

    In some ways preparing for a space weather outage is similar to outages from other causes. Strategies risk managers can use to mitigate power outage include:

    * backup generators for critical systems
    * redundant and co-located software and data systems, especially for revenue, customer-facing, and customer service operations
    * service interruption endorsements that cover utility outage
    * alternate suppliers for critical components or services, if supply chain risks are not covered

    Geomagnetic Storm In Progress
    Geomagnetic Storm In Progress (Photo credit: NASA Goddard Photo and Video)

    A long-term electrical outage caused by space weather could last for a week, a month, or even a year. There is no way to prevent an outage from striking your company. In this scenario, the financial exposure to the insurance industry escalates to an enterprise level. Losses can accumulate from multiple coverages and lines, and movements in the broad financial markets are likely.

    Insurers should start to address this issue by quantifying their company's financial exposure to service interruption events. ... AER scientists are now allowing risk managers to take a quantitative approach to evaluate the impact of both short-term and long-term power outages. In this context, short-term means hours or a day, with a recurrence interval of a few years.

    C3-class Solar Flare Erupts on Sept. 8, 2010 [...
    C3-class Solar Flare Erupts on Sept. 8, 2010 [Video] (Photo credit: NASA Goddard Photo and Video)

    At the primary insurer level, mitigation strategies for long-term outages might include:

    * Review your company's policy language ...
    * Implement loss control strategies, such as advising insureds to have preapproved business-continuity plans, including alternative locations for operations.
    * Evaluate the adequacy of aggregate cover insurance currently in place.


    The risk of a space weather-related power outage, for example, is lower in certain places in the United States. A company with multiple locations could have a business-continuity plan that includes relocation of critical functions to a safer area when the duration of the outage is uncertain. Data access at new locations is one of many factors to consider. Improved tools to quantify the risk open opportunities for carriers to provide new products or expanded coverages that previously were not feasible.

    IN SPACE - JUNE 7:  In this handout from NASA/...
    IN SPACE - JUNE 7: In this handout from NASA/Solar Dynamics Observatory, a solar large flare erupts off the sun June 7, 2011 in space. A large cloud of particles flew up and then was pulled back down to the sun's surface. According to NASA, the event is not suppose have any effect once the particles reach the earth on either June 8 or June 9. (Image credit: Getty Images via @daylife)

    Beyond financial exposure, another challenge posed by power outages is communication. Insurers need to consider how their own internal operations will proceed during such an event. ... Corporate reputation -- including a clear demonstration of risk readiness -- should be part of the company's enterprise risk management plan.

    When the next event strikes, companies that communicate pro-actively will establish themselves as trustworthy leaders in the eyes of their customers, employees, the media and local government.

    Insurers must remember that although the chance of a long-term space weather outage is modest, they cannot disregard it. When a long-term outage does occur, the cost will be staggering. In short, the lesson here may be to "never say never again."

    Kyle Beatty is vice president of the Business Solutions Division and Nicole L. Homeier is a staff scientist in remote sensing at Atmospheric and Environmental Research, a member of the Verisk Analytics family of companies.

    Copyright 2012© LRP Publications
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    Tuesday, October 9, 2012

    Want to Build Resilience? Kill the Complexity

    Harvard Business Review
    by Andrew Zolli  |   8:00 AM September 26, 2012


    
    Air France A330-200 F-GZCP lands at Paris-Char...
    Air France A330-200 F-GZCP lands at Paris-Charles de Gaulle Airport. – The aircraft was destroyed in Air France Flight 447. (Photo credit: Wikipedia)
    This July, aviation officials released their final report on one of the most puzzling and grim episodes in French aviation history: the 2009 crash of Air France Flight 447, en route from Rio de Janeiro to Paris. The plane had mysteriously plummeted from an altitude of thirty-five thousand feet for three and a half minutes, before colliding explosively with the vast, two-mile-deep waters of the south Atlantic. Two hundred and twenty eight people lost their lives;…

    What — or who — was to blame? French investigators …  singled out one all-too-common culprit: human error. Their report found that the pilots, although well-trained, had fatally misdiagnosed the reasons that the plane had gone into a stall, and that their subsequent errors, based on this initial mistake, led directly to the catastrophe.


    
    English: Pitot tube
    English: Pitot tube (Photo credit: Wikipedia)
    Yet it was complexity, as much as any factor, which doomed Flight 447. Prior the crash, the plane had flown through a series of storms, causing a buildup of ice that disabled several of its airspeed sensors — a moderate, but not catastrophic failure. As a safety precaution, the autopilot automatically disengaged, returning control to the human pilots, while flashing them a cryptic "invalid data" alert that revealed little about the underlying problem. Confronting this ambiguity, the pilots appear to have reverted to rote training procedures that likely made the situation worse: they banked into a climb designed to avoid further danger, which also slowed the plane's airspeed and sent it into a stall.

    Confusingly, at the height of the danger, a blaring alarm in the cockpit indicating the stall went silent — suggesting exactly the opposite of what was actually happening. The plane's cockpit voice recorder captured the pilots' last, bewildered exchange:


    
    Recife - The frigate Constituição arrives at t...
    Recife - The frigate Constituição arrives at the Port of Recife, transporting wreckage of the Air France Airbus A330 that was involved in an accident on 31 May 2009. (Photo credit: Wikipedia)
    (Pilot 1) Damn it, we're going to crash... This can't be happening!
    (Pilot 2) But what's happening?

    Less than two seconds later, they were dead.

    Researchers find … circumstances where adding safety-enhancements to systems actually makes crisis situations more dangerous, not less so. The reasons are rooted partly in the pernicious nature of complexity, and partly in the way that human beings psychologically respond to risk.

    We rightfully add safety systems to things … in an effort to encourage them to run safely yet ever-more efficiently. Each of these safety features, however, also increases the complexity of the whole. Add enough of them, and soon these otherwise beneficial features become potential sources of risk themselves, as the number of possible interactions — both anticipated and unanticipated — between various components becomes incomprehensibly large.

    This, in turn, amplifies uncertainty when things go wrong, making crises harder to correct: … Imagine facing a dozen … alerts simultaneously, and having to decide what's true and false … at the same time. Imagine further that, if you choose incorrectly, you will push the system into an unrecoverable catastrophe. Now, give yourself just a few seconds to make the right choice. …

    CalTech system scientist John Doyle has coined a term for such systems: … Robust-Yet-Fragile — and one of their hallmark features is that they are good at dealing with anticipated threats, but terrible at dealing with unanticipated ones. As the complexity of these systems grow, both the sources and severity of possible disruptions increases, even as the size required for potential 'triggering events' decreases — it can take only a tiny event, at the wrong place or at the wrong time, to spark a calamity.

    Variations of such "complexity risk" contributed to JP Morgan's recent multibillion-dollar hedging fiasco, as well as to the challenge of rebooting the US economy in the wake of the 2008 financial crisis. (Some of the derivatives contracts that banks had previously signed with each other were up to a million pages long, … Untangling the resulting counterparty risk — determining who was on the hook to whom — was rendered all but impossible. This in turn made hoarding money, not lending it, the sanest thing for the banks to do after the crash.)

    Complexity is a clear and present danger to both firms and the global financial system: it makes both much harder to manage, govern, audit, regulate and support effectively in times of crisis. Without taming complexity, greater transparency and fuller disclosures don't necessarily help, …: making lots of raw data available just makes a bigger pile of hay in which to try and find the needle.

    Unfortunately, human beings' psychological responses to risk often makes the situation worse, through twin phenomena called risk compensation and risk homeostasis. … [As] we add safety features to a system, people will often change their behavior to act in a riskier way, betting (often subconsciously) that the system will be able to save them. People wearing seatbelts in cars with airbags and antilock brakes drive faster than those who don't, because they feel more protected … And we don't just adjust perceptions of our own safety, but of others' as well: for example, motorists have been found to pass more closely to bicyclists wearing helmets than those that don't, betting (incorrectly) that helmets make cyclists safer than they actually do.

    A related concept, risk homeostasis, suggests that, … we each have an internal, preferred level of risk tolerance — if one path for expressing one's innate appetite for risk is blocked, we will find another. In skydiving, this phenomenon gave rise, famously, to Booth's Rule #2, which states that "The safer skydiving gear becomes, the more chances skydivers will take, in order to keep the fatality rate constant."

    Organizations also have a measure of risk homeostasis, expressed through their culture.

    People who are naturally more risk-averse or more risk tolerant than the culture of their organizations find themselves pressured, often covertly, to "get in line" or "get packing."


    
    Ridiculous Risk Aversion - Lawyer Bollocks!
    Ridiculous Risk Aversion - Lawyer Bollocks! (Photo credit: Danny McL)
    This was well in evidence at BP, for example, long before their devastating spill in the Gulf — the company actually had a major accident somewhere in the world roughly every other year for a decade prior to the Deep Water Horizon catastrophe. During that period, fines and admonitions from governments came to be seen by BP's executive management as the cost of growth in the high-stakes world of energy extraction — and this acceptance sent a powerful signal through the rank-and-file. According to former employees at the company, BP's lower-level managers would instead focus excessively on things like the dangers of not having a lid on a cup of coffee, rather than the risk and expense of capping a well with inferior material.


    
    Deepwater Horizon Oil Spill Site
    Deepwater Horizon Oil Spill Site (Photo credit: Green Fire Productions)
    Combine complex, Robust-Yet-Fragile systems, risk-compensating human psyches, and risk-homeostatic organizational cultures, and you inevitably get catastrophes of all kinds: ... That observation is driving increasing interest in the new field of resilience — how to build systems that can better accommodate disruptions when they inevitably occur. …

    Consider the problem of complexity and financial regulation. The elements of Dodd-Frank that have been written so far have drawn scorn … for doing little about the problem of too-big-to-fail banks; but they've done even less about the more serious problem of too-complex-to-manage institutions, …

    Banks' advocates are quick to point out that many of the new regulations are contradictory, confusing and actually make things worse, …: adding too-complex regulation on top of a too-complex financial system could put us all, … in the cockpit of a doomed plane.

    … [To} be explored here: to encourage the reduction in the complexity of both firms and the financial system as a whole, in exchange for reducing the number and complexity of regulations with which the banks have to comply. … Such a system would be easier to police and tougher to game.

    Efforts at simplification also have to deal urgently with the problem of dense overconnection … In 2006, the Federal Reserve invited a group of researchers to study the connections between banks … What they discovered was shocking: Just sixty-six banks — out of thousands — accounted for 75 percent of all the transfers. And twenty five of these were completely interconnected to one another, …

    Little has been done about this dense structural overconnection since the crash, … Over the past two decades, the links between financial hubs like London, New York and Hong Kong have grown at least sixfold. By reintroducing simplicity and modularity back into the system, a crisis somewhere doesn't always have to become a crisis everywhere.

    … [Taking] steps to tame complexity of a system are meaningless without also addressing incentives and culture, since people will inevitably drive a safer car more dangerously. To tackle this, organizations must learn to improve the "cognitive diversity" of their people and teams — getting people to think more broadly and diversely about the systems they inhabit. One of the pioneers in this effort is, … the U.S. Army.


    
    human-shield-gaza
    human-shield-gaza (Photo credit: ` ³ok_qa³ `)
    Today's armed forces confront circumstances of enormous ambiguity — theatres of operation with many different kinds of actors — … without a "front line." In such an environment, the cultural nuances of every interaction matter, and the opportunities for misunderstanding signals is extremely high. In the face of such complexity, it can be powerfully tempting for tight-knit groups of soldiers to fall back on rote training, …

    Making one kind of mistake might get you killed, making another might prolong a war.

    To combat this, retired army colonel Greg Fontenot and his colleagues at Fort Leavenworth, Kansas, started the University of Foreign Military and Cultural Studies, more commonly known by its nickname, Red Team University. The school is the hub of an effort to train … field operatives who bring critical thinking to the battlefield and help commanding officers avoid the perils of overconfidence, strategic brittleness, and groupthink. The goal is to respectfully help leaders in complex situations unearth untested assumptions, consider alternative interpretations and "think like the other" without sapping unit cohesion or morale, and while retaining their values.

    Flight path of Air France Flight 447 on 31 May...
    Flight path of Air France Flight 447 on 31 May/1 June. The solid red line shows actual route, the dashed line is the planned route after the last transmission heard. (Photo credit: Wikipedia)
    More than 300 of these professional skeptics have since graduated from the program, and have fanned out through the Army's ranks. Their effects have been transformational — not only shaping a broad array of decisions and tactics, but also spreading a form of cultural change appropriate for both the institution and the complex times in which it now both fights and keeps the peace.


    Structural simplification and cultural change efforts like these will never eliminate every surprise, of course, but undertaken together they just might ensure greater resilience — for everyone — in their aftermath.

    Otherwise, like the pilots of Flight 447, we're just flying blind.

    More blog posts by Andrew Zolli
    More on: Decision making, Risk management
    Andrew Zolli
    Andrew Zolli
    Andrew Zolli is the Executive Director of the global innovation network PopTech, and the co-author of Resilience: Why Things Bounce Back, published by Free Press.
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