The SEC: Still Trying to Turn the Page

While Republicans were quick to note that the timing of the SEC’s suit against Goldman Sachs was perfect for Democrats, it was even more propitious for the agency itself. The charges against Goldman shunted from the headlines a scathing report by the SEC’s inspector general on the agency’s failure to act on suspicions that Texas financier Allen Stanford was running a Ponzi scheme. The inspector general, David Kotz – who also reported on the agency’s botched investigations into Bernie Madoff’s scam – said the SEC’s Fort Worth branch turned up red flags as early as 1997, yet failed to take action until 2005.

Meanwhile, while most Americans were trying to wrap their minds around the market for synthetic CDOs and debating the merits of the Goldman charges, the SEC took a battering on Capitol Hill on Tuesday, when a court-appointed investigator testified before the House Financial Services Committee about the SEC’s lax oversight of Lehman. In his written testimony, examiner Anton Valukas contends:

“The S.E.C.’s role was not to simply absorb and acquiesce to Lehman’s decisions; the S.E.C.’s role was to supervise and regulate to protect investors and the markets.”

“The S.E.C. made a few recommendations or directions here and there, but in general it simply collected data; it did not direct action, it did not regulate,” he wrote in his testimony.

Now comes word of another embarrassing flap. The AP’s headline: “SEC staffers watched porn as economy crashed.”

Senior staffers at the Securities and Exchange Commission spent hours surfing pornographic websites on government-issued computers while they were being paid to police the financial system, an agency watchdog says.
The SEC’s inspector general conducted 33 probes of employees looking at explicit images in the past five years, according to a memo obtained by The Associated Press.
The memo says 31 of those probes occurred in the 2 1/2 years since the financial system teetered and nearly crashed.

As Steven Gandel notes in this week’s magazine piece on the Goldman case, bringing charges against Wall Street’s leading bank was meant, in part, to mark a new dawn for the embattled regulatory agency. Few of us, it seems, realized how dark the night was.

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  • 53_3

    All these dates!
    .
    There is a common denominator though:
    .
    They are all during GWB’s tenure…

  • 53_3

    Also, will someone point out to me that if the Dems are so totally ruled by corruption and special interests, then why is it that they are bearding the Head Lion of Corruption (Financial) in his own den?
    .
    Is it not reasonable to come to the conclusion that Financial Reform probably wouldn’t have happened under McCain/Palin’s hypothetical tenure?

  • nibblybits

    The SEC did exactly as Bush intended, which was nothing. Exactly why Chris Cox was installed as its head. (Refer to his views of financial reg enforcement while he was still a congressman.)

  • nflfoghorn

    Gives a whole new meaning to “asleep at the wheel.”

  • http://patricksartor.wordpress.com patricksartor

    “An accountant was blocked more than 16,000 times in a month from visiting websites classified as “Sex” or “Pornography.” Yet he still managed to amass a collection of “very graphic” material on his hard drive by using Google images to bypass the SEC’s internal filter, according to an earlier report from the inspector general.”
    .
    Four weeks in a month 40 hours in a workweek = 160 hours.
    .
    1600 times being blocked divided by 160 hours is 10 times per hour.
    .
    60minutes/10 times = once every six minutes this J O was getting blocked seeking porn!
    .
    I have a relative who works for DOJ (different agency, but, same standards) and she doesn’t even want to exchange family pictures on her work email forget killing time online (and, clearly, not porn).
    .
    Obviously this guy was collecting a paycheck for showing up, surfing for porn and going home!
    .
    Unbelievable!

  • grape_crush

    With the conservative emphasis on free market theology and lasseiz-fair approach to regulation in force, it’s no wonder that some of the folks at the SEC took their jobs less than seriously…and that those that wanted to do their jobs were pretty much hamstringed…

    Case in point:

    …the S.E.C., which has come under fire from Congress for its apparent lack of vigilance in the subprime mess, such tensions between frontline investigators and the politically appointed commissioners to whom they report have become commonplace. Former senior enforcement officials say Cox has used his control over the commission’s calendar to delay major cases and water down others. Cox and other commissioners have shifted the agency’s focus away from strong enforcement action against big public companies and Wall Street firms, instead emphasizing what S.E.C. lawyers consider petty-fraud cases, such as small Ponzi schemes.

    Much more detail at the link:

    http://www.portfolio.com/executives/features/2008/09/18/Profile-of-SEC-Chief-Christopher-Cox

    also, from a GAO report on the SEC’s Enforcement Division:

    … a number of investigative attorneys and others told us that the policies, as applied, also have discouraged pursuit of more complicated cases, those based on novel legal reasoning, or those with industrywide implications, in favor of those seen as more routine or more likely to win Commission approval. For example, one attorney said there has been relatively more focus on modest cases like small Ponzi schemes, insider trading, and day trading, because such cases were thought to stand a better chance of winning Commission approval, compared to more difficult and time-consuming cases like financial fraud. Likewise, one Enforcement manager said that the Commission signaled that it did not favor cases involving industrywide practices.

    http://www.gao.gov/new.items/d09358.pdf

  • nflfoghorn

    Wonder no more why Madoff made off with our $.

  • Ivy_B

    As others have noted, the publicity about this report makes it seem as though the misconduct all happened last week instead of during the lax tenure of Christopher Cox.

  • http://elvisberg.wordpress.com Elvis Elvisberg

    Yep. If your whole ideology is, “government sucks,” then guess what? When you get into a government job, you’re not gonna be the most assertive law and order type.

  • Art Pepper

    Isn’t that about the same time Obama was redesigning the $100 bill?

  • http://elvisberg.wordpress.com Elvis Elvisberg

    That’s also when he started investigating Goldman Sachs for completely partisan reasons because he gets so many campaign contributions from them.
    -
    And exploding the deficit.

  • apr2563

    That was the shrub’s plan for all regulatory department in his administration. Put least experienced or industry related people in charge and weaken all the departments. It worked from FCC, FDA, FEMA, OSHA, etc. No one will ever know how many lives were injured by that Administration through war and through greed. And, mostly the traditional media did little to investigate.

  • jbaustian

    I thought the article said “red flags” were raised as early as 1997. So four years before GWB took office.

  • Ivy_B

    See, they are right. He’s doing too much.

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