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Will the Sec Survive Financial Regulatory Reform?
WILL THE SEC SURVIVE FINANCIAL REGULATORY REFORM? Renee M. Jones* A BSTRACT The Securities and Exchange Commission’s (“SEC”) conspicuous failures during the financial crisis of 2008 have led many to question the agency’s relevance in the modern financial era. Some commentators have called for the creation of new super-agencies to assume a substantial portion of the SEC’s duties. Others highlight enforcement failures and question the agency’s commitment to its investor protection mission. Despite its recent missteps and persistent calls for regulatory overhaul, the SEC’s future seems secure for now as President Obama’s reform proposals (the “Obama Plan”) as currently conceived preserve the agency’s independence. Although thus far the Obama Plan protects the SEC’s status as an independent agency, several aspects of the plan threaten the agency’s long- term prospects. The proposal to expand the executive branch’s role in oversight over financial institutions may represent the beginning of an incremental encroachment on SEC authority. Similarly, the proposed Consumer Financial Protection Agency could absorb a portion of the SEC’s traditional investor protection role. In the end, the SEC’s survival depends on whether its leadership takes effective action to restore its credibility and regain the public trust in the years to come. I. INTRODUCTION The Securities and Exchange Commission (“SEC”) is currently under siege. Its once stellar reputation has been tarnished by a series of inauspicious events that unfolded during the financial meltdown of 2008. The agency’s passivity during the collapse of Bear Stearns, its failure to detect Bernard Madoff’s massive fraud, and the failure of the Consolidated Supervised Entity program for financial conglomerates have led many to question the agency’s competence and relevance in the era of modern globalized financial markets.1 * Associate Professor, Boston College Law School. -
Global Regulatory Briefing
Global Regulatory Briefing MARCH 18, 2010 (I) REGULATORY REFORM US - US earns $33 million on rescued-bank warrant auctions US - U.S. Senator Dodd boosts Fed risk oversight in financial in week reform bill EU – European central banker says to phase out emergency EU - EU hedge fund rules stalled, UK digs in heels lending EU - Schaeuble calls for closer euro zone integration, details US - US bank regulators may extend crisis-era guarantee monetary fund US - U.S. thrift regulator defends industry, agency EU – ECB’s Trichet, European Monetary Fund idea “deserves EU - Big EU insurers resilient in stress test - watchdog examination” (III) ENFORCEMENT & SUPERVISION US - Bernanke defends Fed small-bank supervision role US - Judge won't modify core of 2003 U.S. financial analyst US - Citi to boost proprietary trading unit - report “firewall” deal US – White House rips business lobby over financial reform GERMANY - Germany's Merkel considering risk charge on US - Big majority in U.S. wants Wall Street regulation banks - paper (II) FINANCIAL CRISIS & ECONOMY AUSTRALIA – Central bank says Australian bank rate rises US - Examiner sees accounting gimmicks in Lehman demise outpace funding costs GLOBAL REGULATORY BRIEFING MARCH !8 UK - UK's FSA bulks up for tougher supervision (X) TRADE & CROSS BORDER UK - UK's FSA charges banker, wife with insider dealing, SAUDI ARABIA - Saudi Arabia approves first ETF open for seeks extradition of third foreigners UK - UK bank customers to get overdraft opt-out option JAPAN/TAIWAN – Taiwan exchange eyes ETF cross-listing -
The Future of Capital Formation Hearing
THE FUTURE OF CAPITAL FORMATION HEARING BEFORE THE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS FIRST SESSION MAY 10, 2011 Serial No. 112–46 Printed for the use of the Committee on Oversight and Government Reform ( Available via the World Wide Web: http://www.fdsys.gov http://www.house.gov/reform U.S. GOVERNMENT PRINTING OFFICE 70–517 PDF WASHINGTON : 2011 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate 17-JUN-2003 13:55 Oct 28, 2011 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 C:\KATIES\DOCS\70517.TXT KATIE PsN: KATIE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM DARRELL E. ISSA, California, Chairman DAN BURTON, Indiana ELIJAH E. CUMMINGS, Maryland, Ranking JOHN L. MICA, Florida Minority Member TODD RUSSELL PLATTS, Pennsylvania EDOLPHUS TOWNS, New York MICHAEL R. TURNER, Ohio CAROLYN B. MALONEY, New York PATRICK T. MCHENRY, North Carolina ELEANOR HOLMES NORTON, District of JIM JORDAN, Ohio Columbia JASON CHAFFETZ, Utah DENNIS J. KUCINICH, Ohio CONNIE MACK, Florida JOHN F. TIERNEY, Massachusetts TIM WALBERG, Michigan WM. LACY CLAY, Missouri JAMES LANKFORD, Oklahoma STEPHEN F. LYNCH, Massachusetts JUSTIN AMASH, Michigan JIM COOPER, Tennessee ANN MARIE BUERKLE, New York GERALD E. CONNOLLY, Virginia PAUL A. GOSAR, Arizona MIKE QUIGLEY, Illinois RAU´ L R. LABRADOR, Idaho DANNY K. DAVIS, Illinois PATRICK MEEHAN, Pennsylvania BRUCE L. BRALEY, Iowa SCOTT DESJARLAIS, Tennessee PETER WELCH, Vermont JOE WALSH, Illinois JOHN A. -
SEC Historical Society Highlights
Securities and Exchange Commission Historical Society o Highlights of 2005 Preserving Investing’s Past WWW. SECHISTORICAL. ORG Exploring Investing’s Future T the virtual museum of sec and securities industry history T Highlights of 2005 Report The Highlights of 2005 is the narrative section of the Securities and Exchange Commission Historical Society’s 2005 Annual Report. The 2005 financial statement and list of donors Letter from the President will be published in the 2005 Annual Report later in 2006. Dear Friends: Carla L. Rosati, CFRE, Editor On December 1st, our virtual museum and archive at www.sechistorical.org Donald Norwood Design, Design and Publication opened its first galleries – 431 Days: Joseph P. Kennedy and the Creation of Scavone Photography and the SEC (1934-35); and William O. Douglas and the Growing Power of the Rob Tannenbaum, Photography SEC (1936-39) – a milestone in the mission of the Securities and Exchange (and images from the virtual museum and archive) Commission Historical Society to preserve and share SEC and securities history for generations to come. Securities and Exchange Commission For those of you who helped to build the Society as a non-profit organiza- Historical Society The Securities and Exchange Commission tion from our founding on September 15, 1999, and those of you who wit- Historical Society, a 501(c)(3) non-profit nessed the opening of the virtual museum and archive on June 1, 2002, this organization, independent of and separate was indeed a proud moment. from the U.S. Securities and Exchange When I met with SEC Chairman Christopher Cox in October, he informed Commission, preserves and shares SEC and me that the museum’s collections were used to prepare for his confirmation securities history through its virtual museum hearings. -
Nominations Of: Richard Cordray and Mary Jo White
S. HRG. 113–13 NOMINATIONS OF: RICHARD CORDRAY AND MARY JO WHITE HEARING BEFORE THE COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION ON NOMINATIONS OF: RICHARD CORDRAY, OF OHIO, TO BE DIRECTOR OF THE BUREAU OF CONSUMER FINANCIAL PROTECTION MARY JO WHITE, OF NEW YORK, TO BE A MEMBER OF THE SECURITIES AND EXCHANGE COMMISSION MARCH 12, 2013 Printed for the use of the Committee on Banking, Housing, and Urban Affairs ( Available at: http://www.fdsys.gov/ U.S. GOVERNMENT PRINTING OFFICE 80–698 PDF WASHINGTON : 2013 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 14:29 May 23, 2013 Jkt 048080 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 L:\HEARINGS 2013\03-12 NOMINATIONS OF CORDRAY AND WHITE\HEARING\31213.TX COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS TIM JOHNSON, South Dakota, Chairman JACK REED, Rhode Island MIKE CRAPO, Idaho CHARLES E. SCHUMER, New York RICHARD C. SHELBY, Alabama ROBERT MENENDEZ, New Jersey BOB CORKER, Tennessee SHERROD BROWN, Ohio DAVID VITTER, Louisiana JON TESTER, Montana MIKE JOHANNS, Nebraska MARK R. WARNER, Virginia PATRICK J. TOOMEY, Pennsylvania JEFF MERKLEY, Oregon MARK KIRK, Illinois KAY HAGAN, North Carolina JERRY MORAN, Kansas JOE MANCHIN III, West Virginia TOM COBURN, Oklahoma ELIZABETH WARREN, Massachusetts DEAN HELLER, Nevada HEIDI HEITKAMP, North Dakota -
Chair Mary Jo White, April 10, 2013 to December 31, 2013
Chair Mary Jo White Public Calendar April 10, 2013 to December 31, 2013 Wednesday, April 10 2013 9:00 am Oath of Office 10:00 am Open Commission Meeting 11:30 am Meeting with staff 12:30 pm Meeting with job applicant 1:30 pm Meeting with staff 2:30 pm Meeting with staff 3:30 pm Meeting with staff 4:00 pm Meeting with staff 4:30 pm Meeting with staff Thursday, April 11 2013 9:00 am Meeting with staff 9:30 am Meeting with staff 10:00 am Meeting with staff 11:30 am Meeting with Commissioner Parades 12:30 pm Meeting with Commissioner Gallagher 1:40 pm Meeting with staff 2:00 pm Closed Commission Meeting 3:30 pm Meeting with staff 4:00 pm Meeting with staff Friday, April 12 2013 9:00 am Meeting with staff 10:00 am Meeting with Commissioner Walter and staff 10:30 am Swearing‐in Ceremony 12:00 pm Meeting with Russell Golden, Chair, Financial Accounting Standards Board (FASB) 1:00 pm Meeting with staff Monday, April 15 2013 9:30 am Meeting with staff 10:30 am Meeting with staff 11:00 am Meeting with staff 1 11:15 am Phone call with staff 11:30 am Meeting with staff 12:00 pm Phone call with Jim Doty, Chairman, Public Company Accounting Oversight Board (PCAOB) 12:45 pm Phone call with staff 1:00 pm Meeting with staff 2:00 pm Meeting with staff 3:00 pm Meeting with staff 4:00 pm Meeting with staff 4:30 pm Meeting with staff 5:00 pm Meeting with staff 5:05 pm Phone call with Gary Gensler, Chairman, Commodity Futures Trading Commission (CFTC) 5:45 pm Phone call with Congressman Scott Garrett Tuesday, April 16 2013 9:00 am Meeting with staff 10:00 -
CFTC-SEC Advisory Committee on Emerging Regulatory Issues
SUSA.H M COlUNS._ -~~ o....... EL IL A,I(.lKA. ....w ... ~~~ ntCIIolAS ~. CNIPEJI. DRAWAIO( $COn ~ lIAOWN..~rn ........ L I'RYOft AIIKANSAS JOH" McCAI,., A/IIZOfUIo ............ L v.NDNEl), lOUlSl,O,lU.. _ JOtINSOOi. WI5CONSI>I CI.AlRI! 00ICCASKI..L MISSOUftI JOHN ENSIGN. NEVADA. .ION TESTtI\, MONT.o.N" ~OB I'ORl"MAN, OHIO 1anitcd ~t()tc.s ~cnatc ....... ~ BEGICH, folASKA RAND P"UL IU NTlJCKY COMMITTEE ON IoIJCHA.El L AUXANClElt STAff OII!fCTOIl >OCHOVo$ "- ROSSI. MWOIII'I'f' $TA.FI' OII£ClOII HOMELAND SECURITY AND GOVERNMENTAL AFfAIRS WASHINGTON, DC 20510-6250 April 8, 201 1 VIA EMAIL Mr. David A. Stawick Secretary Commodity Futures Trading Commission Three Lafayette Center 1155 21S I Street, NW Washington, D.C. 2058 1 Ms. Elizabeth M. Murphy Secretary Securities and Exchange Commission 100 F Street, NE Washington D.C. 20549-1090 RE: Request for Comments Regarding Findings and Recommendations of the Joint CFTC-SEC Advisory Committee on Emerging Regulatory Issues Dear Secretary Stawick and Secretary Murphy: The purpose of this letter is to comment on the findings and recommendations of the Joint CFTC-SEC Advisory Committee on Emerging Regulatory Issues, I which were released on February 18, 20 II (the loint Advisory Committee Report).' BACKGROUND: SENATE INVESTIGATIONS AND HEARINGS Over the past 18 months, two Senate subcommittees have held three hearings on issues related to the emerging regulatory issues in the trading markets. On October 28, 2009, the 1 On May II , 20 I 0, just five days after a dramatic decline in the U.S. financial markets, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) created the Joint CFTC-SEC Advisory Committee on Emerging Regulatory Issues (Joint Advisory Committee), which was tasked with. -
Chair Mary Jo White Public Calendar September 1, 2015 to December 31, 2015
Chair Mary Jo White Public Calendar September 1, 2015 to December 31, 2015 Tuesday, September 1, 2015 9:55 am Phone call with Gerald Hassell, Chairman and Chief Executive Officer, The Bank of New York Mellon Corporation 3:30 pm Meeting with staff 4:30 pm Meeting with staff 5:00 pm Meeting with staff Wednesday, September 2, 2015 Out of office Thursday, September 3, 2015 2:00 pm Closed Commission Meeting 4:00 pm Meeting with staff Friday, September 4, 2015 9:00 am Meeting with staff Monday, September 7, 2015 Labor Day – Federal Holiday Tuesday, September 8, 2015 10:30 am Meeting with staff 11:30 am Meeting with staff 12:00 pm Meeting with staff 2:00 pm Meeting with staff 2:30 pm Meeting with staff 3:00 pm Meeting with Commissioner 4:00 pm Meeting with staff 4:30 pm Meeting with staff 5:00 pm Meeting with staff Wednesday, September 9, 2015 9:00 am Public Company Accounting Oversight Board Investor Advisory Group Meeting 12:00 pm Meeting with staff 12:30 pm Meeting with staff 1:00 pm Meeting with staff 2:00 pm Meeting with staff 3:00 pm Meeting with Commissioner 4:30 pm Meeting with staff 5:00 pm Meeting with staff Thursday, September 10, 2015 9:30 am Meeting with staff 10:00 am Meeting with Investor Advisory Committee Officers: Jay Brown, Secretary; Roy Katzovicz, Investor as Owner Subcommittee Chair; Steven Wallman, Market Structure Subcommittee Chair; Anne Sheehan, Vice Chairman; and Barbara Roper, Investor as Purchaser Subcommittee Chair 11:20 am Meeting with staff 12:15 pm Meeting with staff 2:00 pm Closed Commission Meeting 3:00 pm -
We Understand That the U.S. Department of Labor Announced a Proposed Rule That Would “Update and Clarify” the Department of Labor’S Investment Duties Regulation
July 26, 2020 Office of Regulations and Interpretations Employee Benefits Security Administration, Room N-5655, U.S. Department of Labor 200 Constitution Avenue NW Washington, DC 20210 Attention: Financial Factors in Selecting Plan Investments Proposed Regulation. Document Citation: 85 FR 39113 Page: 39113-39128 (16 pages) CFR: 29 CFR 2550 RIN: 1210-AB95 Document Number: 2020-13705 Dear Sir/Madam: We understand that the U.S. Department of Labor announced a proposed rule that would “update and clarify” the Department of Labor’s investment duties regulation. According to the news release issued announcing this proposed rule, “Private employer-sponsored retirement plans are not vehicles for furthering social goals or policy objectives that are not in the financial interest of the plan,” said Secretary of Labor Eugene Scalia. “Rather, ERISA plans should be managed with unwavering focus on a single, very important social goal: providing for the retirement security of American workers.” We are writing to provide comments on this proposed rule. Background The core idea behind the work of William Michael Cunningham at Creative Investment Research is the recognition that mainstream market-based solutions do not maximize social return. This leads to an underappreciation for the value of human life. We develop market-based innovations to counter this. The elevation of “Chicago-school” economic theories has led to a focus on celebrity and money worship. These magnify and worsen the misallocation of economic resources identified above. Our development of social return investment technologies and the subsequent rise of social entrepreneurs are the methods we have used in this effort. We have radically augmented the development of new investment theories that are the key, we believe, to a higher level of human development. -
Roundtable of Former Sec Chairs
ROUNDTABLE OF FORMER SEC CHAIRS JUNE 3, 2019 In Commemoration of the SEC’s 85th Anniversary June 3, 2019 – National Building Museum Moderator: SEC Chairman Jay Clayton Participants: Richard Breeden, Chris Cox, Bill Donaldson, Arthur Levitt, Harvey Pitt, David Ruder, Mary Schapiro, Elisse Walter, Mary Jo White Introduction Tom Gorman: Good afternoon everyone, my name is Tom Gorman. I'm the Chairman of the Board of Trustees of the Society. In my spare time, I'm also a partner at Dorsey and Whitney. We'd like to welcome everybody to this presentation. This is really the opening round of our celebration of two huge events. The first is the 85th anniversary of the founding of the Securities and Exchange Commission, the second is the 20th anniversary of the founding of the Society. To kick this off, we're going to do a roundtable discussion of past and current chairs of the Securities and Exchange Commssion. Tom Gorman: We're very grateful to the sponsors of this event, without whom we couldn't have done this. Davis, Polk and Wardwell, along with Kalorama Partners, is co- sponsoring this. We really do appreciate the fact that they have put up sponsorship for this program, and we're going to hear from a representative of each one of them. One who will speak before the roundtable, and one who will speak after. Tom Gorman: So, with that, let me start with the representative from Davis, Polk and Wardwell, Annette Nazareth. She was a commissioner, as everybody knows, and also the Director of the Division of Trading and Markets at the Commission. -
Top Cop Or Regulatory Flop? the Sec at 75
FISCH_BOOK 5/13/2009 5:50 PM TOP COP OR REGULATORY FLOP? THE SEC AT 75 Jill E. Fisch* I. INTRODUCTION OHN Coffee and Hillary Sale’s article, Redesigning the SEC: J Does the Treasury Have a Better Idea?,1 was written for a sym- posium celebrating the seventy-fifth birthday of the Securities and Exchange Commission. The celebration came at a most inoppor- tune time. The market developments of October 2008―developments that took place contemporaneous with the live presentations at the conference―reflected the most severe capital market decline since the Great Depression. Over the course of a few weeks, several of the country’s largest financial institutions suffered critical or near-critical crises, requiring the injection of unprecedented bailout funds. In a single week in October, 2008, the Dow Jones Industrial Average fell by more than 20%.2 In a one-year period, the Dow Jones Wilshire 5000, reflecting most U.S. publicly traded stocks, lost $8.4 trillion in value.3 More significantly, although the SEC has long been “the crown jewel of the financial regulatory infrastructure,”4 recent develop- ments have called that characterization into question. The SEC has been the target of relentless criticism ranging from claims that it mishandled derivatives regulation, oversight of securities firms, and market risk, to assertions of delays and blunders and possible in- * Professor of Law, University of Pennsylvania Law School. 1 95 Va. L. Rev. 707 (2009). 2 E.S. Browning & Annelena Lobb, Market’s 7-Day Rout Leaves U.S. Reeling: Stocks in a Slow-Motion Crash as Dow Drops Another 679 Points; After Year of De- clines, Investors Lose $8.4 Trillion of Wealth, Wall St. -
Reforming the Murky Depths of Wall Street: Putting the Spotlight on the Security and Exchange Commission’S Regulatory Proposal Concerning Dark Pools of Liquidity
Essay Reforming the Murky Depths of Wall Street: Putting the Spotlight on the Security and Exchange Commission’s Regulatory Proposal Concerning Dark Pools of Liquidity Robert Hatch* “Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.”1 Introduction When the Securities Act of 1933 and the Securities Exchange Act of 1934 were first drafted, President Roosevelt expected that they would establish an equitable market system primarily by requiring public companies to follow a strict regimen of disclosure to investors.2 Considering New Deal rhetoric concerning light and sunshine, how- ever, it is quite ironic that trading structures ominously referred to as * J.D., 2010, The George Washington University Law School; B.A., 2007, Brigham Young University. I would like to thank Professor Theresa Gabaldon for her help in preparing this Essay as well as Donna Norman of the Securities and Exchange Commission, who first pointed me in the direction of dark pools. Special thanks also to my wonderful student colleagues Ben, Courtney, Emily, Graham, Jeremy, Michael, Myron, and Sean. 1 LOUIS D. BRANDEIS, OTHER PEOPLE’S MONEY AND HOW THE BANKERS USE IT 92 (1914). 2 See LARRY D. SODERQUIST & THERESA A. GABALDON, SECURITIES REGULATION 2 (6th ed. 2006). July 2010 Vol. 78 No. 5 1032 2010] Reforming the Murky Depths of Wall Street 1033 “dark pools of liquidity” now flourish in the nation’s stock market system.3 Dark pools present important problems to the U.S. Securities and Exchange Commission (“SEC” or “Commission”),