Wednesday, January 21, 2009

Fox-es Leaving the Henhouse


George W. Bush is eight years have gone bye-bye, so to the last six lame-duck months of his presidency along with it's associated looting of the United States people by the Goldman Sachs infested treasury. The train robbery  is ending simply because there's nothing left to loot. 

As Christopher Cox steps down from the SEC he leaves an agency whose sole purpose was to con the depression era public back into the very stock market which had so recently ruined them. The agency is historically famous for being understaffed under budgeted an overworked, that's not an accident. Reading the article below from Bloomberg shows you that nothing has changed, except perhaps for the culpability of the financial media. The agency has always been led by a Fox whose job it was to guard the henhouse, but never before have they been so blatant so bold so open about their criminality.

Jan. 20 (Bloomberg) -- Christopher Cox stepped down as U.S. Securities and Exchange Commission chairman, leaving behind a demoralized agency that failed to spot Bernard Madoff’s alleged fraud and had its role diminished by the collapse of Bear Stearns Cos. and Lehman Brothers Holdings Inc.

His resignation took effect at noon today in Washington, agency spokesman John Nester said. During Cox’s 3 1/2-year tenure, the SEC has been criticized by lawmakers, investors and its own inspector general as lacking aggressiveness and being deferential to Wall Street banks.

That's the fox guarding the henhouse part

President Barack Obama, a Democrat, picked Mary Schapiro, the head of the U.S. brokerage industry’s self-regulator, to succeed the Republican Cox.

And, that's the nothings changed part.

When President-elect Barack Obama nominated Mary Schapiro to lead the Securities and Exchange Commission, he criticized regulators for having "dropped the ball" in a "failure of oversight" in the markets meltdown and the Bernard Madoff scandal.

But a close examination of Ms. Schapiro's record as a regulator shows she has infrequently pursued tough action against big Wall Street firms.

A regulatory-agency merger that Ms. Schapiro oversaw shifted power to larger financial firms at the expense of small ones. The agency she heads, called the Financial Industry Regulatory Authority, or Finra, missed the mortgage crisis and Bernard Madoff's alleged $50 billion ...

“I respect Chris Cox, 

Why?

but there’s no question that the commission has been much too passive in area after area under his leadership,” said Harvey Goldschmid, a former Democratic SEC commissioner who remains in contact with agency employees. “The morale problems and the lack of public regard for the agency must be immediately addressed by Mary Schapiro,” said Goldschmid, a law professor at Columbia University in New York.

The agency lost clout in March when the Federal Reserve rescued Bear Stearns and began lending to and examining investment banks regulated by the SEC.

The agency lost clout since its inception.

 Its domain shrank further in September after Lehman declared bankruptcy, Merrill Lynch & Co. sold itself to Bank of America Corp., and Goldman Sachs Group Inc. and Morgan Stanley became Fed-regulated commercial banks.

Another blow came in December when Cox, 56, admitted the SEC missed Madoff’s alleged $50 billion Ponzi scheme even though it had received “credible and specific” complaints about the New York-based money manager for at least a decade.

Ditto for Schapiro!

Lawmakers’ Criticism

That revelation prompted criticism from Democrats and Republicans at a Jan. 5 meeting of the House Financial Services Committee, where Representative Ron Paul, a Texas Republican, questioning whether the SEC should be eliminated altogether.

Actually Ron Paul made no questions about it, he said the SBC should definitely be eliminated altogether.

“He may go down as the unluckiest of the SEC chairmen,” said Robert Hillman, who teaches securities law at the University of California, Davis. “He was slow to recognize the deteriorating position of brokerage firms. In that sense, he bears joint responsibility with the secretary of the Treasury and the Federal Reserve chairman.”

That may go down as Cox is most euphemious enabler. In that sense he's a co-conspirator with Cox the Secretary of the treasury and the Federal Reserve chairman.

Cox replaced William Donaldson as SEC chairman in August 2005 after representing California’s Orange County in the U.S. House of Representatives for 17 years.

Donaldson, a former chairman of the New York Stock Exchange, stepped down after he frustrated fellow Republican commissioners by subjecting companies to multimillion-dollar fines and trying to impose new regulations on mutual funds and hedge funds. He also angered business groups, which complained to President George W. Bush’s administration after Donaldson tried to give shareholders more power to pick corporate directors.

Now you know why Donaldson wasn't around long.

Peacemaker

Who Saw No Evil

Under Cox, who was offered the SEC job by Vice President Dick Cheney, public fights among Democratic and Republican commissioners stopped and enforcement penalties declined.

SEC commissioners approved unanimously every rule that came before them during Cox’s first 22 months as chairman. In fiscal 2008, the agency extracted about $1 billion of fines and illegal profits from companies and individuals after garnering $1.6 billion in 2007. Penalties exceeded $3 billion in each of the three years preceding 2007.

Cox’s focus on calming the waters stoked concerns that the SEC had become inactive just as Wall Street’s biggest companies were increasing trading in derivatives and complex securities backed by mortgages, Hillman said.

Cox’s focus on the SEC becoming an active calm the waters just as Wall Street’s biggest companies were increasing trading in derivatives and complex securities backed by mortgages.

“If you wait until you get consensus, sometimes nothing ever happens,” he said. “Especially in a period of financial distress, consensus may not be the best operating procedure.”

Technology Overhaul

Cox urged a technology overhaul at the SEC aimed at making corporate profit and revenue statements more useful to investors. He also tried to cut compliance costs stemming from the Sarbanes-Oxley Act after the U.S. Chamber of Commerce, the nation’s biggest business lobbying group, said the law’s accounting requirements were prompting companies to list shares overseas.

A deliberate waste of time

Cox “came to the commission wanting to focus on bringing the SEC into the 21st century, making the U.S. more globally competitive by getting rid of burdensome regulations and making the agency more technologically sophisticated,” said Donald Langevoort, a former SEC attorney who teaches securities regulation at Georgetown University in Washington. “Like so many of his predecessors, that agenda ran up against unprecedented cataclysmic events.”

Short-Sale Ban

Criminal

Global stock markets began swooning in August 2007 after banks saddled with illiquid subprime-mortgage securities stopped lending to each other. A year later, with financial companies still facing asset writedowns, Cox banned short-selling of U.S. banks, insurers and securities firms.

That's market manipulation to you and me.

A short sale takes place when an investor borrows stock and sells it, aiming to profit by repaying the loan with shares bought at a lower price. The SEC imposed its prohibition after public lobbying by Morgan Stanley Chief Executive Officer John Mack and New York Senators Charles Schumer and Hillary Clinton, Obama’s pick to head the U.S. State Department.

The Sept. 19 SEC action drew fire from hedge funds, which accused the agency of protecting companies whose shares had plunged because of poor business decisions and over- concentration in mortgage bonds.

Cox, in a Washington Post interview published Dec. 24, said the ban was the biggest mistake of his tenure. He told the Post he made the decision under pressure from Treasury SecretaryHenry Paulson and Fed Chairman Ben S. Bernanke. The prohibition lapsed Oct. 8.

Obvious CYA and blame it on the other guy.   Your kids wouldn't get away with this!

Cox also deflected criticism over the SEC’s failure in the Madoff investigation. In a Dec. 16 statement issued by the agency, Cox said he was “deeply troubled” that his enforcement staff never sought subpoena power to probe Madoff or brought tips about alleged wrongdoing to the attention of commissioners.

How deeply could he have been troubled, he could've gotten the subpoenas anytime he wanted

‘Shifting Blame’

“It was viewed this time as him shifting blame,” said Marc Steinberg, a former SEC enforcement attorney who now teaches law at Southern Methodist University in Dallas. “The staff has some responsibility, but the culture came from the top.”

Congress created the SEC in 1934 to restore investor confidence and stem Wall Street abuses blamed for causing the Great Depression. The agency’s weakened state means Schapiro, CEO of the Financial Industry Regulatory Authority, will have to fight to make sure the SEC’s 75th anniversary isn’t its last, said Lynn Turner, a former SEC chief accountant.

Congress created the SEC in 1934 to restore investor confidence in a system in which investors should have no confidence.

“The SEC is in worse shape today than the French army was after its defeat at Waterloo,” he said. “Congress may look to some other agency to regulate, which would be to the detriment of investors.”

That's not by accident either!

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