Corporate Governmence –

Where’s the Oversight?
These big mutual fund companies such as American Funds, Vanguard, and Fidelity are basically useless when it comes to holding boards accountable. How many times have you seen one of these companies file a 13D and take an activist position?
The reason I blame the mutual funds is because they accumulate a ton of assets under management from investors 401k’s and monthly mutual fund purchases. I can’t think of many times where one of these companies, who might hold 7% – 10% of the outstanding shares, ever takes on management.
Most mid-cap and large-cap stocks have institutional ownership of over 80% of the shares outstanding. They have the muscle to stop the sweetheart deals and good ‘old boys clubs on these boards but choose to do nothing.

The boards of most companies are filled with presidents of universities, CEO’s of other companies, former politicians, and other “celebrity” type directors. Rarely do you see anybody that has years of industry experience. The board has the fiduciary duty to protect the shareholders but in essence it is the CEO who runs everything and the boards are yes men and women.

Evil Hedge Funds?
The politicians and media love to portray the hedge fund industry as gun-slinging high rollers out trying to break up companies for a quick buck ala Pretty Woman. While there are some quick draw McGraw traders out there, a vast majority of hedge funds are longer term investors.
They get vilified in the media of being wealthy fat cat tax evaders but at least they are going after crappy managements. There are some great activist investors out there that have the capital to take a 10% stake in a company and force change upon horrible managements. This is something you don’t see the mutual fund industry doing.

The Need for Change
Hopefully people wake up to these cozy relationships on the boards and the self dealing that many insiders partake in and get angry.
McClendon may have started Chesapeake but once he took it public it wasn’t his company anymore. However he and the board have treated it that way. Who in the world has ever heard of a company buying a CEO’s map collections for hundreds of millions? Who ever heard of the CEO skimming off the top of every well drilled? Who ever heard of a CEO running a hedge fund right alongside the company? It’s amazing he hasn’t even been fired yet.
Unfortunately more of this goes on than most people realize or imagine. Until more people get angry about it, it will continue.

Unfortunately I own CHK. Fortunately it’s only been a round-tripper for me as I bought a long time ago for $19 and change and have ridden it up and back down again. There’s valuable assets there, but as long as McClendon’s at the reigns they are his assets.