Spitzer’s Apologies

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

The New York Sun

There is a god. A god of Wall Street, at least.

That’s what many may be telling themselves as they take in the news of Eliot Spitzer. The New York governor, as the world now knows, was caught on a wiretap after allegedly arranging a meeting with a prostitute who traveled from New York to meet him in Washington, in possible violation of federal law.

At a news conference Monday, Mr. Spitzer, with wife Silda at his side, apologized to his family. He also has acknowledged that in a vague way he has wronged “the public.”

That public is doubtless waiting for something more explicit, perhaps having their lives rewound like a videocassette so that the former state attorney general, the man who convicts so juries don’t have to, never even appears.

The trouble with Mr. Spitzer was that he was never satisfied with halting the wrongdoing of companies or individuals. He had to impugn their motives, their character, and their ability to do their work, even as he portrayed himself as pure. He had to collect cash far beyond what the possible crimes might have warranted. And he had to get affirmation for his own action fast, without a trial, or a chance for his targets to reply. If Mr. Spitzer is ever accused of a crime and he decides to work out a plea agreement, a few more apologies might be included, perhaps as community service. Here, in no particular order, is the beginning of a list.

• Merrill Lynch & Co., which lost $5 billion in value in the delicate post-September 11 period, as a Spitzer investigation led to charges that the firm sold tainted investment advice. In an April 2002 press release Mr. Spitzer said that Merrill’s behavior was “a shocking betrayal of trust by one of Wall Street’s most trusted names. The case must be a catalyst for reform throughout the entire industry.”

IN THE MUD

• Theodore Sihpol III, the former Bank of America Corp. broker who bravely sat through his trial until he was acquitted on 29 counts of alleged improper trading of mutual-fund shares after Mr. Spitzer chose to prosecute him for larceny and securities fraud. At the time Mr. Spitzer said that Mr. Sihpol might serve as long as 25 years in jail and that prosecuting Mr. Sihpol was easy compared with cases he settled pretrial.

• Canary Capital, from whom Mr. Spitzer extracted a $40 million settlement after he accused it of engaging in improper trades in mutual funds.

• American International Group Inc., whom Mr. Spitzer forced into a $1.6 billion settlement. Mr. Spitzer told the New York Times scornfully that AIG was all the worse since, unlike Enron, was “a solid company that didn’t need to cheat.”

‘THROUGH THE HEART’

• Maurice Greenberg, the AIG chairman who Mr. Spitzer forced to resign after intimating some kind of wrongdoing that never led to an indictment.

• John Whitehead, the former head of Goldman Sachs Group Inc., who defended Mr. Greenberg in a Wall Street Journal op-ed piece and received a threatening phone call from Mr. Spitzer in return. Maybe this one deserves a personal phone call, or an op-ed reply — in the Wall Street Journal, perhaps? The Journal would give Mr. Spitzer space.

• Joseph Bruno, the state Senate majority leader, whom Mr. Spitzer called “old” and “senile.”

• Ken Langone, the ex-director of the New York stock exchange, whose representative told the press that Mr. Spitzer had warned that he planned to “put a spike through Langone’s heart.”

• Publishers Clearing House, whose tactics the attorney general assailed when New York joined other states in a suit against it. “This sweepstakes company has engaged in an elaborate scheme to increase its bottom line, financed on the backs of some who can least afford it: the elderly,” Mr. Spitzer said.

SORRY, NEW YORK

• The Securities and Exchange Commission, which Mr. Spitzer went out of his way to cast as wimps when in reality the agency was doing its best to keep matters civil.

• Voters of New York state, 69% of whom backed Mr. Spitzer for governor in 2006.

• The New York State Assembly of 1921, whose Martin Act Mr. Spitzer stretched like a rubber band until it was beyond recognition. The law was intended to limit bucket shops, primitive derivatives exchanges, not bring down large national companies.

• The U.S. economy, to whose relative competitiveness Mr. Spitzer dealt a blow when he launched his New York equivalent of Sarbanes-Oxley. At least the laws of Sarbanes-Oxley were written down, unlike the attorney general’s next target.

LONG LIST

• Ladies of the Night, Staten Island Chapter, of whom Mr. Spitzer said in 2004 following their arrest: “This was a sophisticated and lucrative operation with a multitiered management structure. It was, however, nothing more than a prostitution ring.” The ladies’ clients, too, might deserve a note.

Readers at this point will already be sending in their additions by e-mail — the former Citigroup Inc. chief, Sandy Weill, for starters — for what’s above is just the beginning. Others will materialize. The old targets will be watching in coming weeks and months.

Yes, Mr. Spitzer probably stopped crime. That was his job as attorney general. But the collateral damage that his projects wrought was unprecedented, and unnecessary.

The best revenge for those on the receiving end of Mr. Spitzer’s attacks is to avoid descending to his level. Even Mr. Spitzer’s most-damaged targets will find odd comfort in watching him get a deliberate and fair hearing, and measured jurisprudence if it comes to that. May the law accord to him what he denied to others.

Miss Shlaes, a senior fellow in economic history at the Council on Foreign Relations, is a columnist for Bloomberg News.


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