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Internal Watchdog About to Drop Anvil on SEC

September 8, 2011
SEC Inspector General H. David Kotz is set to release a slew of reports this month concerning serious issues within the Commission that his office has finished investigating. The reports could provide help for congressional legislators looking to limit the SEC's ability to regulate. The reports will cover a large range of the SEC's operations and internal problems, including:
  • The SEC's handling of a potential conflict of interest involving the Madoff fraud.  David Becker, a former SEC general counsel, and 2 of his brothers in 2004 inherited $2 million that had been invested with Mr. Madoff - a connection SEC Chairman Mary Schapiro said he disclosed soon after his appointment in 2009.
  • The allegations by an SEC whistleblower about the agency's destruction of thousands of documents relating to closed preliminary inquiries.
  • The financial package offered to Henry Hu, a University of Texas law professor recruited by Ms. Schapiro in 2009 to head a new division. The temporary contract offered to Mr. Hu included living expenses in Washington, which is unusual for an SEC employee.
  • The "revolving door" between the SEC and Wall Street that involve allegations from 2 tipsters that the staff dropped enforcement actions as favors to personal friends.
For his part, Inspector General H. David Kotz has said that he hopes the reports aren't used as ammunition in the ongoing political fight over the SEC's role and responsibilities.  He said he has "never advocated cutting the SEC's budget and I wouldn't be happy for my reports to be used as a reason to do this." [WS Journal, 9/8/11]