Wall Street Takes Over Its Regulator SEC Wolf Richter

New Post Public Reply Private Reply Replies (0) Message Board
MaxShockeR

Wall Street Takes Over Its Regulator SEC

Wolf Richter
February 11, 2013 at 8:40PM

“Former employees of the SEC routinely help corporations try to influence SEC rulemaking, counter the agency’s investigations of suspected wrongdoing, soften the blow of SEC enforcement actions, block shareholder proposals, and win exemptions from federal law,” laments the author of “Dangerous Liaisons: Revolving Door at SEC Creates Risk of Regulatory Capture,” a report ( http://tinyurl.com/a9cnma5 ) by the Project on Government Oversight (POGO).

At fault: the revolving door at the Securities and Exchange Commission. In September 2012, hedge fund group Alternative Investment Management Association picked a new Chairman: Kathleen Casey, who’d been a commissioner at the SEC from 2006 to 2011. AIMA said in its press release ( http://tinyurl.com/bbsxczn ) that she’d be involved in “regulatory dialogues,” including “so-called ‘shadow banking. ’”

Big Four accounting firm Deloitte hired James Kroeker as deputy managing partner, effective January 7, 2013. The press release ( http://tinyurl.com/bbsxczn ) raved about his “unique perspective” and “experience as a regulator.” He’d been at the SEC since 2007, and Chief Accountant since 2009. Before his stint at the SEC? Partner at Deloitte. Maybe the in-and-out had been planned.

Then there’s Mary Jo White, President Obama’s nominee for SEC chairman. As US Attorney for the Southern District of New York from 1993 to 2002, she’d prosecuted white-collar criminals and terrorists alike. But then she switched sides, namely to Debevoise & Plimpton, to defend, among others, JPMorgan which had been charged by the SEC with misleading mortgage investors. Now she'd head the SEC.

And so on. In reviewing the disclosures that SEC employees filed between 2001 and 2010, POGO found nearly 2,000 (!) forms where ex-employees indicated that they’d represent an employer or client before the SEC. But this was “just the tip of the iceberg” as former employees have to file these forms only for two years after leaving the agency. Beyond that, no one knows. It gets even murkier: “the SEC has shielded some former employees from public scrutiny by blacking out their names.”

SEC employees face a tangle of rules when they’re whizzing through the revolving door, a bureaucratic effort to tamp down on influence-peddling. Senior employees, for example, have to wait a year, in theory, after leaving before they can contact the SEC on behalf of a client. In theory , because the SEC often exempted them from this “cooling off period.”

As people rotate in and out of the SEC, the lines begin to blur between it and the companies it regulates until it is essentially controlled by the culture and insiders of the industry. The same principle applies to other agencies. A condition called, “regulatory capture.”

The potential stakes of regulatory capture are particularly far-reaching at the SEC because the agency is responsible for regulating a vast swath of American business, including the investment and brokerage industries, stock markets, accounting firms that audit public companies, and information that publicly traded corporations disclose to investors. It’s the agency’s job to protect investors.

To fend off accusations of regulatory capture, the SEC waves its list of enforcement actions, of which even the largest settlements were but a slap on the wrist. And often not even that... .

One of the punishments meted out to established companies that have committed securities fraud is that they lose their special status as “well-known seasoned issuer” of securities. That WKSI status allows them to sell additional stock or other securities without a review by the SEC. But fraudsters can get a waiver that allows them to hang on to their WKSI privileges—and former SEC employees play a key role.

An investigation by the New York Times ( http://tinyurl.com/al3vf7g ) found 350 cases since 2001 in which the SEC issued WKSI waivers and other relief to Wall Street firms caught up in securities fraud—nearly half of them repeat offenders.

Among them: UBS. A subsidiary got nailed in 2008 for violating an anti-fraud provision of the federal securities laws with one of its products, auction rate securities. UBS settled the charges without admitting or denying the allegations and obtained a waiver that allowed it to hang on to its WKSI privileges. The attorney representing UBS before the SEC? Kenneth Berman of Debevoise & Plimpton, the same law firm where SEC chairman nominee Mary Jo White worked. And Berman used to be Associate Director of the SEC’s Investment Management Division.

In 2011, the SEC nailed UBS again, this time for “fraudulently rigging at least 100 municipal bond reinvestment transactions in 36 states.” UBS settled without admitting or denying anything—and once again obtained a WKSI waver, well-represented by Berman.

In 2012, the SEC nailed UBS again . The subsidiary in Puerto Rico, charged with “making misleading statements to investors” and “concealing a liquidity crisis,” settled the case without admitting or denying the allegations. This time, it was Colleen Mahoney, a partner at Skadden, Arps, Slate, Meagher & Flom, who obtained the WKSI waiver. She’d spent 15 years at the SEC.

The report found that of the 64 posted WKSI waivers between 2006 and 2012, “at least 35 of them” were requested by former SEC employees.

“The SEC’s willingness to spare big companies the potential consequences of enforcement actions—even when those companies are cited as repeat offenders—has fueled concern in some quarters that the agency is too sympathetic to powerful firms,” the report said. It has parallels all around the government. At the Justice Department, for example, regulatory capture has spawned a new scourge, “too big to jail.”

But not just at the federal level. The California Division of Occupational Safety & Health slammed Chevron with record-breaking penalties related to the refinery fire in Richmond that caused 15,000 people to seek medical treatment. But for Chevron, it didn’t even amount to a rounding error. Read.... Chevron Whacked By Record Fine, Might Not Notice. ( http://tinyurl.com/b8y4dbb )

http://www.testosteronepit.com/home/2013/2/11...lator.html

(posted by basserdan)

Scroll down for more posts ▼

Top 10 Most Recent News Articles

PureHealth's Acid Reflux Solutions: An Investor's Insight

Updated Category News Views 2

Digestive Wellness: The Emerging Opportunity Some days, it feels like everybody's got a gripe about their gut. You nod along at the lunch counter, folks buzzing about digestive this and acid that. But when PureHealth Research pops up with their fancy supplements, well, even the stock market's noisier nonsense starts sounding a bit quieter. They're banking big on the...

Continue Reading
SystImmune's Data on Iza-bren Show Promise for Lung Cancer

Updated Category News Views 9

Stepping into New Territory with SystImmune Amid the cacophony of biotech whispers and the marketplace hum, SystImmune is trotting out something that might just make the folks in lab coats raise an eyebrow. They’ve got new data for Iza-bren—none of that flashy PR chatter—but it's damn promising if you ask me. At the World Conference on Lung Cancer in Seoul,...

Continue Reading
PathoSearch: A New Era in Pathology With Visual Search

Updated Category News Views 8

Revolutionizing Pathology with a Visual Search Engine In an era where time is money and precision is paramount, Aignostics is betting big on transforming the pathology landscape. Today, their announcement of PathoSearch, a visual search engine designed for retrieving comparable diagnosed pathology cases, marks a massive leap towards streamlining the diagnostic process....

Continue Reading
Ajman Spotlights Tourism at Arabian Travel Market 2026

Updated Category News Views 2

Ajman: A Tourism Gem in the Making Swinging into the Arabian Travel Market 2026, Ajman isn't just a footnote in the UAE's tourism playbook anymore, it's gunning for the spotlight. There's a flurry of activity as the Ajman Department of Tourism, Culture and Media rolls up its sleeves to flaunt the emirate's kaleidoscope of attractions to the world's tourism brass. Going...

Continue Reading
Larry Ellison's Moves Signal Confidence in Oracle's Future

Updated Category News Views 5

Unraveling Ellison's Bold Decision There's nothing like a sudden shift from a tech titan to make Wall Street sit up and take notice. Today, we got the word that Larry Ellison, Oracle's big gun as Executive Chair and CTO, has pulled the plug on his plan to sell Oracle stock. No dice, no distance covered under that plan. And he's made it crystal clear—selling isn't on his...

Continue Reading
ARTiSTORY's Strategic Advance in Cultural IP Licensing

Updated Category News Views 6

Call it a seismic shift or call it common sense, but ARTiSTORY's recent haul of accolades makes it clear: they're onto something big in the cultural IP game. Receiving four honors at the 26th International Advertising Institute Awards (IAI Awards), including a Gold for their British Library × CHAGEE collaboration, and jumping into License Global's Top 60, they're staking...

Continue Reading
Protecting Teeth: Insights from Endodontist Dr. Joubert

Updated Category News Views 4

Preserving Our Natural Chompers Digging into the details of endodontic care, you realize how it's the unsung hero in the dental world. And let's face it, teeth don't get happier on their own when there's a problem on the inside. Dr. Christopher Joubert, a wiz on the endodontic front, spills the beans over at HelloNation about how essential these practices are in keeping...

Continue Reading
Delhi Pushes Innovation Against Dryland Challenges

Updated Category News Views 5

Evolution of South-South Agricultural Cooperation Let's just say if there's a time to shine a spotlight on the arid lands of our world, it's now. The Global Drylands Congress 2026 in New Delhi put a sharp focus on scaling agricultural innovation across these thirsty regions. With climate change breathing down our necks, talking shop about food security isn't just for show...

Continue Reading
Silk Road Maritime Extends Its Global Reach in 2026

Updated Category News Views 5

China-Europe Trade Ties Continue to Tighten You ever watch a cargo ship glide into port and think, "There's a piece of the future right there”? Well, that's the scene at Poland’s Gdansk Port, now officially etched into the Silk Road Maritime route. This ain't just a couple of extra boats cutting through choppy waters—it's a great leap forward for a strained global...

Continue Reading
Pizza: The Unlikely Symbol of Universal Togetherness

Updated Category News Views 2

Why Pizza Is More Than Just Food They say a slice of pizza can tell a story. Whether it's a late-night snack amongst college buddies or the centerpiece of a family's Friday tradition, pizza unites like few others can. It morphs from a study aid into a tool for togetherness without skipping a beat, much like a chameleon of the food world. And no one understands this better...

Continue Reading

Top 5 Most Recently Viewed Articles

Exciting MEXC and Aptos Partnership Unveils Major Prize Events

Updated Category News Views 69

MEXC and Aptos Collaboration Recently, MEXC has announced an exciting collaboration with Aptos, creating a series of events centered around Aptos' native token, APT. This partnership offers a total prize pool of an astounding 1.5 million USDT, which is sure to catch the attention of many crypto enthusiasts and traders. Overview of the Events The events are designed to...

Continue Reading
Jim Cramer's Insights on Shopify and CoreWeave's AI Strategy

Updated Category News Views 177

Jim Cramer's Perspective on Shopify's Growth Potential Recently, renowned financial commentator Jim Cramer expressed optimism regarding Shopify Inc. (NASDAQ: SHOP), suggesting that the company is poised for significant growth. Cramer shared these insights on CNBC's "Mad Money", emphasizing that Shopify's innovative capabilities and expanding market share indicate a...

Continue Reading
Citrin Cooperman Expands with Clearview Group Acquisition

Updated Category News Views 174

Citrin Cooperman Expands Its Reach Citrin Cooperman has made significant strides in enhancing its service offerings with the recent announcement of its agreement to acquire the Clearview Group. This acquisition marks a pivotal moment for Citrin Cooperman as it seeks to strengthen its presence in the Mid-Atlantic region. Clearview Group is a well-respected management...

Continue Reading
Amazon's Key Earnings Report: What Investors Should Know

Updated Category News Views 87

The Importance of Amazon's Upcoming Earnings Report Shares of tech giant Amazon.com (NASDAQ: AMZN) are currently hovering just above $230 as the company prepares for its first earnings report of the year. This report holds substantial weight as it comes after a period where Amazon has struggled to break through its record highs from last November. The stock is showing...

Continue Reading
Aquablation Therapy Triumphs at EAU 2025: A New Era in BPH Treatment

Updated Category News Views 469

Aquablation Therapy Triumphs at EAU 2025: A New Era in BPH Treatment SAN JOSE, Calif. – PROCEPT BioRobotics Corporation (NASDAQ: PRCT) is thrilled to share groundbreaking results from the WATER III trial, an independent study that puts Aquablation therapy at the forefront of treatment for benign prostatic hyperplasia (BPH). At the recent European Association of Urology...

Continue Reading