A Washington
advocacy group is claiming that Wall Street investors have conspired with the
Department of Education to craft rules that would damage for-profit colleges to
drive down their stock prices and allow short-sellers to profit.
The as-yet
unsubstantiated conspiracy theory -- advanced in a press release Wednesday --
underscores the intensity of the campaign by for-profit colleges to derail
proposed federal rules that could tighten their access to federal aid dollars.
The new rules come in response to a growing body of evidence that for-profit
colleges such as the University of Phoenix and Kaplan University have left
graduates suffering under debts they cannot repay given the meager wages they
typically earn.
In the press
release, the self-described watchdog, Citizens for Responsibility and Ethics in
Washington (CREW), portrays the rule-making as little more than a ploy aimed at
driving down stock prices of the publicly-traded companies that operate
for-profit colleges so that savvy short sellers can cash
in.
"Wall Street
investors have been working with high-ranking education officials to craft
regulations, allowing them to net millions of dollars through the short sale of
for-profit college stocks," declares the press
release.
When pressed for
evidence of this conspiracy, the group's executive director, Melanie Sloan,
cited e-mails that did little more than establish that department of education
officials have met with one prominent short seller, Steve Eisman, who Michael
Lewis profiled in his best-selling book The Big Short. In recent months, Eisman
has emerged as a strident critic of the for-profit college industry, asserting
that it fleeces taxpayers and preys on students.
Asked to explain
how a meeting between the government agency and a critic of the for-profit
industry amounts to proof of a conspiracy, Sloan said only that Eisman was unfit
to offer advice on the subject.
"They should be
cautious, given that Eisman was making money on the market fluctuations," she
said, referring to the profits he garnered by betting against mortgages. Eisman
declined to comment.
A Department of
Education spokesman dismissed the allegations as "patently ridiculous," adding
that officials gather information from a wide range of sources in drafting all
regulations, including members of the for-profit
sector.
Stocks of companies
that own for-profit colleges have indeed dropped significantly over the past
year in anticipation of the Department of Education's new rules, and after
public statements made by Eisman. Another major trigger for plummeting stocks
was the release of a Government Accountability Office report last year that
found widespread fraud in recruitment practices at several for-profit
colleges.
None of the e-mails
referenced by the group indicate that Eisman's sentiments played any role in
shaping the rules being crafted.
CREW describes
itself as a "non-profit legal watchdog group dedicated to holding public
officials accountable for their actions." But the group's executive director,
Sloan, had planned to join a prominent Washington lobbying firm that represents
the for-profit college industry, Lanny J. Davis and
Associates.
Davis has been in
the center of a bruising battle over new rules that could restrict the
for-profit college sector's access to federal student aid money, the lifeblood
of the industry. Davis has become a lighting rod in Washington for his paid
representation of highly controversial figures, among them the Ivory Coast
dictator Laurent Gbagbo.
A press release
announcing Sloan's hire last November quoted Davis saying he was "thrilled" by
the addition to his team. But Sloan said Wednesday she plans to remain at CREW
indefinitely and has no ties to Davis. She did not explain the discrepancy
between her statement and the press release.
"I think I am being
clear," she maintained. "I don't work with the coalition or Lanny
Davis."
Davis said Sloan
might yet join his firm, though the timetable is "still uncertain." He added
that she would not be working on for-profit college rules regardless.
Davis' most recent
lobbying disclosure form lists only two clients for the firm, the Coalition for
Educational Success and Martek Biosciences
Corporation.
Both the Coalition
for Educational Success, the trade group represented by Davis, and CREW have
sued the Department of Education, seeking documents and correspondence that
policymakers had in the lead-up to the development of the new regulations for
the for-profit sector.
The regulations aim
to curb some of the more controversial trends for the for-profit education
sector, including high student loan default rates and excessive burdens of debt
compared to the salaries students attain after
graduation.
The for-profit
education industry has waged an extensive advertising and e-mail campaign
against the so-called "gainful employment" rules being considered by the
Education Department, arguing that the rules would limit low-income students'
access to college and would hold for-profit schools to a different standard than
public or private non-profit colleges.
Davis and Sloan
have frequently assailed statements made by Eisman, the Wall Street short seller
who famously bet against the subprime mortgage market and has since turned his
attention to what he portrays as predatory recruitment and financial practices
by for-profit colleges. At industry conferences and in testimony before the
Senate, Eisman has excoriated the for-profit sector for vacuuming up federal
student aid, leaving students with excessive debt
burdens.
In a speech made at
an investment conference last May, Eisman likened for-profit colleges to
subprime mortgage lenders.
"Are we going to do
this all over again?" he asked. "We just loaded up one generation of Americans
with mortgage debt they can't afford to pay back. Are we going to load up a new
generation with student loan debt they can never afford to pay
back?"
CREW claims that
Eisman's depictions are not motivated by civic interest, but rather personal
investor gain. His mere meeting with Department of Education officials crafting
the new rules amounts to proof of an improper proceeding, the group claims.
"Education
officials knowingly allowed that process to be tainted by the undisclosed role
of short-sellers, seeking to use the regulatory arena to manipulate the
financial markets and drive down the share value of for-profit education
companies, all for their own personal gain," declares a letter CREW sent
Wednesday to Education Secretary Arne Duncan.
The letter asks
that Duncan investigate the matter.
RS/KA