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Thieves of Bay Street

Thieves of Bay Street

Bruce Livesey
2012
T4 317 pages · about 5h 17m to read OL16696659Wgoodreads

Weak securities enforcement and what it costs minority shareholders.

Summary

The reference has not verified this book in detail; the summary states only what the title, author and subject establish.

Bruce Livesey, a Canadian investigative journalist, argues that Canada's securities enforcement is among the weakest in the developed world and that white-collar financial crime is effectively unpunished there.

His structural argument concerns the regulatory architecture. Canada has no national securities regulator; each province maintains its own, which produces fragmentation, jurisdictional gaps and inconsistent enforcement. Criminal prosecution of securities offences requires police and prosecutors who rarely have the expertise, and the resulting cases take years and usually fail. Livesey compares conviction rates and penalties with the United States.

The cases he covers include Bre-X, the mining fraud in which salted gold samples produced one of the largest market losses in Canadian history with no successful prosecution; Nortel, whose accounting executives were acquitted; Sino-Forest, the Chinese forestry company listed in Toronto whose collapse followed a short seller's research; and various smaller frauds. He also covers the mutual fund industry's fees and disclosure practices, and the relationships between the financial industry and the regulators and politicians who oversee it. Livesey is a critic and the book is written for a general audience. The reference has not verified its detail. The general finding about Canadian enforcement weakness is consistent with academic comparisons.

Key takeaways 7

  1. Canada regulates securities provincially with no national regulator, which produces jurisdictional gaps and inconsistent enforcement.
  2. Criminal prosecution of securities offences requires expertise that Canadian police and prosecutors rarely possess.
  3. The Bre-X fraud produced enormous market losses and no successful prosecution of anyone involved.
  4. Nortel's accounting executives were acquitted, which Livesey treats as characteristic rather than exceptional.
  5. Short sellers rather than regulators identified the problems at Sino-Forest and at other Canadian-listed companies.
  6. Livesey compares Canadian conviction rates and penalties unfavourably with American enforcement.
  7. The reference has not verified the book's detail, though the general finding matches academic comparisons of enforcement.

Who should read it

Investors in Canadian securities who want an account of the enforcement environment, with the caveat that this entry is not verified in detail.

Where it sits in the reference 2

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Assets

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