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Stories tagged with “Securities and Exchange Commission

Economy

What You Should Know About Mary Jo White, Obama’s Appointment To The SEC

President Obama reportedly plans to nominate Mary Jo White to chair the Securities and Exchange Commission, replacing outgoing chair Mary Schapiro. White is Obama’s first female appointment of his second term, a break from a heavily white male bench early picks. (White may be used to that — she was also the first female US attorney in Manhattan.)

But there’s more to know about what White will bring to the job, which requires her to set the standards for Wall Street regulation — a particularly important task, as large parts of Dodd-Frank, the financial reform legislation passed during Obama’s first term, are still being implemented. Here’s a look a White’s resume:

She defends banks accused of white collar crime. White currently serves as an attorney at law firm Debevoise & Plimpton, where she defends “companies and individuals accused by the government of involvement in white collar corporate crime or Securities and Exchange Commission (SEC) and civil securities law violations.” The client list at the firm includes some of the most predatory banks in the country — JP Morgan, Goldman Sachs, Bank Of America, Deutsche Bank, HSBC, UBS. White “represented Ken Lewis, the former chief executive officer of Bank of America Corp., during an SEC probe of claims the bank didn’t disclose bonuses that Merrill Lynch & Co. paid to executives before buying the brokerage.”

But she has prosecuted those same banks. Before Debevoise & Plimpton, White was on the other side, pushing for convictions in white collar cases. White has a particular area of “expertise in pursuing… complex securities and financial fraud cases.” That work, in particular, will prove important at the SEC, since Dodd-Frank will require the SEC to prosecute such crimes to a new degree.

She has a lineup of fascinating non-white collar cases. Among the things White prosecuted during her time working as an Attorney for the state of New York are: Two bombing cases (including the 1993 World Trade Center bombing), drug trafficking, and the prosecution of mob boss John Gotti. On the other side, White also defended directors at News Corp. during the phone hacking scandal there.

She would be the first prosecutor to head the SEC. The AP reports, “White would be the first prosecutor to head the 79-year-old SEC. Most SEC chairmen traditionally have come from Wall Street or the ranks of private securities lawyers.” This is a good thing, compared to potential other picks who might have even closer ties to Wall Street, and be less inclined to vigorously prosecute risky trading practices that run rampant on Wall Street, and have been the cause for past financial instability.

It is not yet clear what the nomination process will look like for White, but it’s likely that her position strikes a balance between corporate and public that will be palatable to politicians across the board. The bigger question is what White will do when she assumes the office. With Dodd-Frank still unfinished, there’s a lot of work on the table for White, newly-appointed Treasury Secretary nominee Jack Lew, and the rest of their colleagues.

Economy

Why Obama Needs To Quickly Name A New SEC Commissioner

Securities and Exchange Commission Chair Mary Schapiro will, as expected, be stepping down in January. President Obama already announced that SEC Commissioner Elisse Walter will take her place.

Schapiro’s departure means that the five-member SEC Commission is down to four members: two Democrats and two Republicans. And as Fortune’s Cyrus Sanati noted, that’s bad news for the Dodd-Frank financial reform law:

With the Commission now balanced, it will be virtually impossible for Walter to push through the administration’s agenda, most notably, the implementation of all the rules still left to be sorted out that are part of the Dodd-Frank financial regulatory bill. Turning the massive bill into rules has been a tough slog for the Commission as they have faced strong opposition from Wall Street. The most controversial aspects of the overhaul, like the Volcker Rule, which would limit a bank’s ability to trade and invest its own capital, to the so-called title seven reforms, which overhaul the multi-trillion dollar derivatives market, remain locked in regulatory limbo.

That’s great news for Wall Street as it delays implementation of some of the more profit-killing parts of Dodd-Frank — a delay that many on the Street wish will become the new status quo. The large broker dealers that stand to lose billions of dollars once derivative reform takes place will undoubtedly try to ensure that the two conservatives on the Commission block any attempts to push through title seven. The same goes with the Volcker Rule.

These rules are key to ensuring that the financial system is more stable and secure, as big banks will not be able to take risks that threaten the entire economy. (And there will be a mechanism in place to take those banks apart should they blow themselves up.) Wall Street has been lobbying to slow down those rules — in an effort to kill them off entirely — and having a gridlocked SEC will only help the banks achieve their goal.

Economy

Woodward Dismisses Romney’s SEC Documents: Everyone Knows Financial Disclosures Are ‘Camouflages’ For Reality

Bob Woodward

On NBC’s Meet the Press this morning, Washington Post associate editor Bob Woodward dismissed SEC disclosure documents — the only transparency for corporations in our largely unregulated financial sector — as essentially meaningless forms that obscure what is really happening.

Woodward told host David Gregory that SEC documents that suggest Mitt Romney has been less than honest about his tenure at Bain Capital should be ignored:

WOODWARD: People who are relying on SEC documents know the value of SEC documents. I mean, they are camouflages for what’s really going. So that’s not really the issue.

Watch the video:

The U.S. Securities & Exchange Commission’s mission is “to protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation.” Part of that involves “promoting the disclosure of important market-related information” so citizens, journalists, and investors can have accurate information about who is doing what and make educated decisions.

In 2002, Rep. Spencer Bachus (R-AL), now the chairman of the House Financial Services Committee, identified the SEC as being primarily responsible for both “defending capitalism but also vigilant in rooting out the excesses and rooting out wrongdoing.”

Economy

GOP Budget Cuts Leave Agencies Too Broke To Police Wall Street, Top Regulators Tell Congress

CFTC head Gary Gensler (left) and SEC chief Mary Schapiro

Two of the nation’s top financial regulatory agencies don’t have enough funding to competently regulate the Wall Street banks they oversee, top regulatory officials told the Senate Banking Committee yesterday. The Commodity Futures Trading Commission (CFTC) and Securities and Exchange Commission (SEC) both took on new regulatory responsibilities under the 2010 Dodd-Frank Wall Street Reform Act, but multiple rounds of Republican-led budget cuts aimed at neutering the new law have left them without sufficient funding to carry out those mandates.

As a result, the agencies are “outgunned” by the Wall Street banks they oversee, SEC head Mary Schapiro and CFTC head Gary Gensler told the committee Tuesday, the Huffington Post reports:

We’re way underfunded at the CFTC,” Gensler told lawmakers, after a question on the subject from Senator Chuck Schumer (D- N.Y.). “Imagine if, all of a sudden, there are eight times the number of teams on the [football] field, but only seven refs,” Gensler said. “There would be would be mayhem on the field. The fans would lose confidence.”

SEC chief Schapiro echoed the point: “We’ve been asked to take on very significant new responsibilities,” she said. Though the SEC has made progress in hiring new staffers and improving its technological capabilities, Schapiro conceded that, in some areas, the efforts haven’t gone far enough.

As ThinkProgress noted in January, adequately funding the CFTC and SEC is imperative to successfully implementing new regulations and policing Wall Street. Republicans oppose those efforts and have repeatedly pushed for cuts to the agencies’ budgets. “The less we fund those agencies,” Senate Minority Leader Mitch McConnell said last June, “the better America will be.”

The SEC is funded by fees paid by banks, not by taxpayers, so cuts to its budget won’t affect the federal deficit. But it is prohibited from collecting more in fees than it is allocated in the budget, so the $225 million cut Republicans pushed last year amounts to a massive giveaway to Wall Street, which will save exactly that amount.

As the 2008 financial crisis demonstrated, failure to police Wall Street can have perilous consequences for American taxpayers and the economy. But when one party’s purpose, as Rep. Spencer Bachus (R-AL) said last year, is to “serve the banks,” preventing another such fiasco is apparently of little matter.

Economy

House Republicans Again Vote Against Fully Funding Wall Street Watchdog, Giving The Money To Banks Instead

One of the many ways in which House Republicans have sought to undermine the Dodd-Frank financial reform law — and the tactic that has been most successful — is denying the regulatory agencies that police financial markets enough funding to adequately do their job. The GOP, in particular, has denied funding to the Securities and Exchange Commission, despite that agency’s vast new responsibilities under Dodd-Frank.

This week, SEC Chairman Mary Schapiro implored Congress to give her agency the funding it needs. In the House Financial Services Committee yesterday, Rep. Barney Frank (D-MA) offered an amendment to do just that, but House Republicans voted it down on party lines.

But the worst part about the GOP’s intransigence when it comes to funding the SEC is that the agency isn’t even paid for by taxpayers. Instead, its budget comes from fees assessed on Wall Street. So refusing to fund it undermines regulatory enforcement, and just leaves more money to the banks:

Cutting the S.E.C.’s budget will have no effect on the budget deficit, won’t save taxpayers a dime and could cost the Treasury millions in lost fees and penalties. That’s because the S.E.C. isn’t financed by tax revenue, but rather by fees levied on those it regulates, which include all the big securities firms.

A little-noticed provision in Dodd-Frank mandates that those fees can’t exceed the S.E.C.’s budget. So cutting its requested budget by $222.5 million saves Wall Street the same amount.

The SEC regulates more than 35,000 institutions, and to give a sense of the funding gap it faces, JP Morgan Chase spends four times the SEC’s entire budget on information technology alone.

As the New York Times’ James Stewart put it, “given the magnitude of the S.E.C.’s task, Congress could make Wall Street firms pay more and not less to police the mess they helped create.” However, House Republicans have refused to do that, instead following House Financial Services Committee Chairman’s Spencer Bachus’ (R-AL) philosophy that Washington’s role is to “serve the banks.”

Climate Progress

BREAKING: TransCanada’s Dirty Keystone XL Jobs Claims Draw Complaint To SEC

Based on TransCanada claims, the U.S. Chamber of Commerce declares that the Keystone XL pipeline "will create 20,000 well-paying jobs."

ThinkProgress Green has learned that TransCanada, the foreign tar sands company behind the proposed Keystone XL pipeline, is facing a potential inquiry into whether it deliberately deceived investors by inflating the job-creation potential of the project. Greenpeace has filed a complaint with the Securities and Exchange Commission (SEC) over TransCanada’s “false or misleading statements about the proposed Keystone XL pipeline project.”

In the complaint, Greenpeace shows evidence from TransCanada’s Canadian filings and the State Department that the project would involve fewer than 1000 in-state jobs, and around 6000 total jobs. This evidence is contrasted with TransCanada’s (TRP) repeated public pronouncements that pipeline construction would involve 20,000 American jobs:

Specifically, TRP has asserted that each mile of KXL pipeline constructed in the U.S. would create American jobs at a rate that is 67 times higher than job creation totals given by the company to Canadian officials for the Canadian portion of the pipeline.

These false and misleading job creation numbers are part of TRP’s lobbying and public relations campaign designed to create congressional pressure on the U.S. government to issue a Presidential Permit approving construction of KXL. Without government approval, TRP will not be able to build KXL, which will significantly impact the company’s future earnings and share price. That government approval was thrown into serious doubt last week when President Obama rejected the current KXL pipeline proposal at the State Department’s recommendation.

It may be legal to lie to the American public, but it is an actionable offense to deceive shareholders under U.S. securities disclosure laws.

Download the Greenpeace SEC TransCanada letter here.

NEWS FLASH

Oil Industry Demands Less Transparency | The American Petroleum Institute is demanding the Securities and Exchange Commission withdraw and revise proposed rules that mandate disclosure of oil and mining companies’ payments to governments. A January 19 letter from the American Petroleum Institute to the SEC “alleges that the regulators’ late 2010 proposal illegally shirks adequate economic analysis, and that the SEC should take another swing,” the Hill reports. “The rules, required under 2010’s Dodd-Frank Wall Street reform law, requires companies to provide the SEC data about payments for production licenses, taxes, royalties and other aspects of energy and mineral projects in countries where they operate.”

NEWS FLASH

SEC Now Seeks Power To Impose Greater Fines On Firms That Commit Fraud | Federal Judge Jed Rakoff dealt the Securities and Exchange Commission a serious reprimand when he rejected a $285 million settlement it reached with Citigroup, Inc. Smarting from the blow, the SEC is asking Congress to enact legislation that would give it “the power to impose much-larger penalties on financial firms and individuals that commit fraud.” In a letter to the Senate Banking Committee Monday, SEC Chairman Mary Schapiro asked for the power to impose fines up to nine times greater than the maximum currently allowed; to increase the maximum penalty to triple the net profit made from the fraud; and to triple penalties for repeat offenders who have been subject to SEC action or criminal conviction in the preceding five years. Had these rules been in place for the Citigroup case, “the maximum penalty would jump to $1.44 billion from $160 million.”

NEWS FLASH

Sen. Grassley Praises Judge Who Blocked Citigroup Settlement: ‘Judge Rakoff Is Right’ | Yesterday, Federal Judge Jed Rakoff formally rejected a deal between Citigroup and the Securities and Exchange Commission that would have allowed the bank to pay $285 million to settle charges that it misled investors in mortgage securities. Rakoff said that there is “an overriding public interest in knowing the truth about the financial markets,” after previously deriding the settlement as “just for show.” Today, Sen. Chuck Grassley (R-IA) threw his support to Rakoff, saying in a statement, “Judge Rakoff is right to ask for information. The SEC needs to provide a clear rationale for the enforcement penalties in this case and in others. Otherwise, the public is in the dark about whether the settlements are adequate and the court’s role is reduced to a rubber stamp. A settle and slap-on-the-wrist approach has not and will not deter the defrauding of investors.”

NEWS FLASH

Obama’s SEC Asks Big Banks To Sign ‘Never-Do-It-Again’ Pledges, After Banks Repeatedly Broke Past Promises | Yesterday, the New York Times reported on deals brokered with the nation’s biggest banks by Robert Khuzami, the Securities and Exchange Commission’s director of enforcement. Khuzami has sought relatively small fines for frauds committed by big Wall Street companies, which he justifies by asking the banks to sign “never-do-it-again” pledges. But the Times conducted an analysis of enforcement actions and found that during the last 15 years, there were “at least 51 cases in which 19 Wall Street firms had broken antifraud laws they had agreed never to breach,” calling into question the validity of any new promises the banks might make. As ThinkProgress has noted, Khuzami was recommended for his position by Richard Walker, a regulator who spun through the revolving door to work at Deutsche Bank after allegedly squashing an SEC inquiry into a case of suspected insider trading at Deutsche Bank.

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