Showing posts with label U.S. Court of Appeals for the District of Columbia Circuit. Show all posts
Showing posts with label U.S. Court of Appeals for the District of Columbia Circuit. Show all posts

Sunday, March 24, 2019

We are one of the premier firms in understanding and analyzing Environmental, Social and Governance (ESG) trends


We are one of the premier firms in understanding and analyzing Environmental, Social and Governance (ESG), Corporate Social Responsibility (CSR), and impact investing trends.

Our work has focused on long-term changes that will affect and influence the economy, financial system, society and environment at large:
  • We developed the first targeted Mortgage-backed Security (MBS) investment CRA securitization, an MBS pool backed by loans from minority financial institutions. We designed and created the investment in 1992. (See: https://www.creativeinvest.com/wglelca.pdf )
  • On June 15, 2000, we testified before the House Financial Services Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises (GSE’s) of the US Congress. We suggested that the GSE’s (Fannie Mae and Freddie Mac) be subject to a thorough “Social Audit.” A Social Audit is an examination of the performance of an enterprise relative to certain social objectives. It also includes a review of ethical practices at the firm. Had they been subject to this audit, certain flaws in their operation which led to their failure, including ethical shortcomings, would have been revealed earlier.
  • Mr. Cunningham is an unaffiliated member of NARALO, the North American Regional At-Large Organization of ICANN, the Internet Corporation for Assigned Names and Numbers.
  • We stated, on February 5, 2015, in testimony to the Norwegian Ministry of Finance (http://www.creativeinvest.com/NorwayTestimonyFeb52015.pdf ) and on April 22, 2015 in testimony to the Government of the United Kingdom: “As the market value of environmental, social and governance factors continues to grow, companies and investment managers will engage in fraudulent practices related to these factors. These practices will range from simple falsification of environmental, social and governance records to more sophisticated, but no less fraudulent methods related to environmental, social and governance ratings.” On September 22, 2015 automaker Volkswagen admitted that “’defeat devices’ used to cheat emissions testing were installed in 11 million vehicles worldwide.
  • On December 26, 2016, we determined that: "Under any conceivable scenario, the (election result) is very bad, and we mean toxic, for democratic institutions in general and for people of color specifically. Bottom line: our Fully Adjusted Return Forecast** indicates that, over time, things will get much, much worse....." See: https://www.linkedin.com/pulse/trumpism-william-michael-cunningham-am-mba/
  • We tied ESG to the competitive position of the U.S. capital markets. As we noted on Oct. 5, 2006, foreshadowing the rise of cryptocurrencies: "competitive advantage with respect to capital access is available to any country with significant economic potential and a modest telecommunications infrastructure." https://www.sec.gov/comments/4-526/4526-1.pdf
In addition, federal appeals and lower courts have accepted several “Amicus Curiae” or “Friend of the Court” briefs we filed in signal cases concerning financial marketplace structure and fraud cases: