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DOJ: Ex-SEC Lawyer Becker Had No Conflict of Interest

November 8, 2011
David Becker, the ex-SEC lawyer will not be investigated by the Justice Department for possible conflict of interest for participating in agency matters involving convicted swindler Bernard Madoff. SEC Inspector General David Kotz accused Becker of conflict of interest after he and his brothers inherited $2 million in Madoff funds from their deceased mother's estate. Kotz's report focused on Becker's role in crafting a method that would benefit longer-term Madoff investors by adjusting the payments to account for inflation.  The SEC ultimately voted in support of his recommendation, but the "constant dollar method" was never put into practice. Earlier this year, as Becker was preparing to leave the SEC and return to private practice, Madoff Trustee Irving Picard sued him and his brothers to claw back $1.5mn in alleged phony profits. Becker, now a partner at Cleary Gottlieb, has vigorously defended himself against any allegations of wrongdoing, saying he properly sought guidance from the SEC's ethics counsel on two different occasions before participating in Madoff issues.  Both times he was cleared to participate. With the Justice Department's decision, Baker said this now puts an end to any more probes into the matter.  [Reuters, 11/8/11]