SEC Historical Society Highlights
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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. - 
											
September 23–24, 2020
Wednesday, Thursday, On Demand Sponsors September 23 September 24 Sessions A gathering for regulators and industry professionals to exchange ideas and empower success September 23–24, 2020 Wednesday, September 23 LIVE 10:00 AM – 11:00 AM – LIVE: Virtual Exhibit Hall During this allotted time, visit sponsors, ask questions, and learn from fellow colleagues about industry topics. 11:00 AM – 11:05 AM – LIVE: Welcome Remarks C&L VIRTUAL FORUM CHAIRPERSON Scott Kursman Citi 11:05 AM – 11:35 AM – LIVE: One-on-One Conversation with Robert Cook Robert Cook MODERATOR FINRA Ira D. Hammerman SIFMA 11:45 AM – 12:45 PM – LIVE: COVID-19: Lessons Learned for Compliance & Legal Professionals • Operational capacity – what does this mean for systems access, especially trading businesses • Meeting regulatory obligations for oversight in this COVID-19 environment. Anticipating unique risks in this new operating structure. • Supervisory and management challenges with remote staff and related information security challenges • Discuss today’s challenges of internal and external communications and recordkeeping • Considerations for Return-to-Work plans Michael Broadbery Andy Cadel Kevin H. Dunn Marlon Paz Emily Westerberg MODERATOR Goldman Sachs Citi National Institute for Mayer Brown Russell Amy J. Greer Occupational Safety SEC Baker & McKenzie LLP and Health 12:55 PM – 2:00 PM – LIVE: Leadership Matters: Meaningful, Measured Impact in Diversity and Inclusion This panel will take a deeper dive into how today’s financial industry leadership work must be a matter - 
												
												CORPORATIONS and CAPITAL MARKETS EVOLUTION Sponsored
CORPORATIONS AND CAPITAL MARKETS EVOLUTION Sponsored by: Columbia Law School Transactional Studies Program Speaker Biographies Raanan A. Agus Raanan A. Agus is the global head of the Principal Strategies Group in the Equities Division of Goldman Sachs. The Principal Strategies Group is a proprietary, multi-strategy investment arm within Goldman Sachs that engages in equity long/short strategies, convertible arbitrage, volatility strategies, distressed and capital structure arbitrage, tactical trading, and special situation/event-driven strategies. Mr. Agus joined Goldman Sachs in 1993 as an associate in Equities Arbitrage, and became a managing director in 1999 and a partner in 2000. Mr. Agus is also a member of the Equities/FICC Joint Operating Committee and the Firmwide Risk Committee. He is also on the Goldman Sachs chess team. Mr. Agus earned an A.B. degree from Princeton University in 1989 and a joint J.D./M.B.A. degree, specializing in finance, from Columbia University in 1993. Alan L. Beller Alan L. Beller is a partner based in the New York office of Cleary Gottlieb Steen & Hamilton. His practice focuses on a wide variety of complex securities, corporate governance, and corporate matters. Mr. Beller served as the Director of the Division of Corporation Finance of the U.S. Securities and Exchange Commission and as Senior Counselor to the Commission from January 2002 until February 2006. During his four-year tenure, Mr. Beller led the Division in producing the most far-reaching corporate governance, financial disclosure, and securities offering reforms in Commission history, including the implementation of the corporate provisions of the Sarbanes- Oxley Act of 2002 and the adoption of corporate governance standards for listed companies. - 
												
												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 - 
												
												Taskforce on Scaling Voluntary Carbon Markets: Consultation Document
NOVEMBER 2020 TASKFORCE ON SCALING VOLUNTARY CARBON MARKETS CONSULTATION DOCUMENT REPORT FRONT-PIECE ABOUT THE TASKFORCE The Taskforce on Scaling Voluntary Carbon Markets is a private sector-led initiative working to scale an effective and efficient voluntary carbon market to help meet the goals of the Paris Agreement. The Taskforce was initiated by Mark Carney, UN Special Envoy for Climate Action and Finance Advisor to UK Prime Minister Boris Johnson for the 26th UN Climate Change Conference of the Parties (COP26); is chaired by Bill Winters, Group Chief Executive, Standard Chartered; and sponsored by the Institute of International Finance (IIF) under the leadership of IIF President and CEO, Tim Adams. Annette Nazareth, a partner at Davis Polk and former Commissioner of the US Securities and Exchange Commission, serves as the Operating Lead for the Taskforce. McKinsey & Company provides knowledge and advisory support. The Taskforce’s more than 50 members represent buyers and sellers of carbon credits, standard setters, the financial sector and market infrastructure providers. The Taskforce’s unique value proposition has been to bring all parts of the value chain to work intensively together and to provide recommended actions for the most pressing pain-points facing voluntary carbon markets. The Taskforce is also supported by a highly engaged Consultation Group, composed of subject- matter experts from more than 80 institutions, who contribute additional perspective to the recommendations. ABOUT THE REPORT This report was developed by the Taskforce on Scaling Voluntary Carbon Markets, drawing on multiple sources, including a research collaboration with McKinsey & Company, which is providing knowledge and advisory support to the IIF. - 
												
												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. - 
												
												Credible Living Wills: the First Generation
CREDIBLE LIVING WILLS: THE FIRST GENERATION Davis Polk & Wardwell LLP and McKinsey & Company1 April 25, 2011 Executive Summary The post-financial crisis era has seen a paradigm shift in the regulation of the financial services industry. Systemically important financial institutions are becoming subject to new regulatory requirements in multiple areas including increased capital and liquidity requirements, mandatory stress tests, restrictions on their activities, higher prudential standards and recapitalization or wind-down mechanisms. Enhanced planning for the risk of failure is an important element of the new regulatory paradigm. Supervisors from the United States, the European Union and the Group of Twenty (G20) are developing requirements for systemically important financial institutions to create credible living wills. These plans will include key information about the firm and set forth actions that could be taken to reduce idiosyncratic losses and to mitigate systemic contagion in the event of financial distress, up to and including the insolvency or failure of the firm. In some ways, living wills are analogous to contingency planning for public emergencies that arise when a hurricane, earthquake or other natural disaster strikes. Even though human choices are the underlying causes of financial panics, financial panics are also like natural disasters because they have occurred repeatedly, suddenly, unpredictably and destructively throughout the history of financial markets. The rationale behind the living will is that, like contingency planning for an emergency, pre-planning could reduce the likelihood of future crises or at least enhance the ability of firms and supervisors to respond to a crisis. A concern with the living wills process is that, like a poorly designed contingency plan, it could be used to impose changes that are intended to reduce systemic risk but which are neither risk mitigating nor efficient. - 
												
												Futures Industry Template
Greg Kuserk was appointed deputy director MFA also appointed several new directors: of the Commodity Futures Trading Craig Donohue , chief executive officer, CME Commission’s Market Surveillance Section in Group; William Keunen , director, Citco Fund the Division of Market Oversight. Kuserk, who Services; Frederick Hatfield , former CFTC has been with the CFTC since 1987, has par - Commissioner; and Annette Nazareth , partner, ticipated in technical assistance programs for Davis Polk & Wardwell. The Board elected foreign regulators and has played a role in the following officers: Coes as MFA vice spearheading studies on the CFTC’s oversight chairman; Arthur Bell , managing partner of role and derivatives trading. He succeeded John Arthur F. Bell Certified Public Accountants, Fenton, who recently retired from the agency. as MFA treasurer; and Tracy Wills-Zapata , managing director for institutional business The Securities and Exchange Commission development at Campbell & Company, as named Amy Edwards as assistant chief econo - MFA secretary. mist for markets and intermediaries in the agency’s Office of Economic Analysis. Edwards The World Federation of Exchanges has served as a financial economist at the named William Brodsky , chief executive of the agency since 1997. The SEC also named James Chicago Board Options Exchange, as chair - Eastman as chief counsel and associate director man for a two-year term. In taking the posi - Prominent in the agency’s trading and markets division. tion, Brodsky said a key part of his agenda will Eastman previously served as counsel to SEC be to undertake a study on the disruptions People Chairman Christopher Cox. Before that he caused by the restrictions imposed on short served as assistant general counsel at FINRA. - 
												
												Occ Advisory Letter
AL 2004–5 O OCC ADVISORY LETTER Comptroller of the Currency Administrator of National Banks Potential Liability of Financial Institutions for Securities Law Subject: Violations Arising from Deceptive Structured Finance Products and Transactions TO: Chief Executive Officers and Compliance Officers of All National Banks, Department and Division Heads, and All Examining Personnel PURPOSE The attached letter dated December 4, 2003, from Annette L. Nazareth, director for the Division of Market Regulation at the U. S. Securities and Exchange Commission (SEC) provides guidance to bank regulators on the potential liability of financial institutions for securities law violations arising from deceptive structured finance products and transactions. Ms. Nazareth’s letter includes an internal SEC memorandum that discusses (1) the principal types of securities law violations that can arise from the use of deceptive structured finance products and transactions and (2) the manner in which financial institutions that offer such deceptive products, or participate in such transactions, may be liable for these violations. As the SEC notes in its memorandum, “The types of securities law violations that may arise from the use of deceptive structured finance products and transactions depend upon the unique facts and circumstances of each case.” While not exhaustive, the attached SEC memorandum provides a list of the principal categories of securities laws and violations that arise from common fact patterns, and this list includes antifraud violations, reporting violations, and reporting and internal control violations. Office of the Comptroller of the Currency examiners should be alert to the factors highlighted in the SEC memorandum when examining structured finance products and transactions at a national bank.