Enhancing Investor Protection and the Regulation of Securities Markets—Part Ii
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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. -
Yale Law School 2007-2008
bulletin of yale university bulletin of yale Series 1o3 8 Number 10, 2007 August 2007–2008 Yale Law School Yale bulletin of yale university August 10, 2007 Yale Law School Periodicals postage paid Periodicals Connecticut Haven, New 06520-8227 CT New Haven Haven New bulletin of yale university bulletin of yale Bulletin of Yale University The University is committed to basing judgments concerning the admission, education, and employment of individuals upon their qualifications and abilities and a∞rmatively Postmaster: Send address changes to Bulletin of Yale University, seeks to attract to its faculty, sta≠, and student body qualified persons of diverse back- PO Box 208227, New Haven CT 06520-8227 grounds. In accordance with this policy and as delineated by federal and Connecticut law, Yale does not discriminate in admissions, educational programs, or employment PO Box 208230, New Haven CT 06520-8230 against any individual on account of that individual’s sex, race, color, religion, age, Periodicals postage paid at New Haven, Connecticut disability, status as a special disabled veteran, veteran of the Vietnam era, or other covered veteran, or national or ethnic origin; nor does Yale discriminate on the basis of Issued seventeen times a year: one time a year in May, November, and December; sexual orientation or gender identity or expression. two times a year in June; three times a year in July and September; six times a year University policy is committed to a∞rmative action under law in employment of in August women, minority group members, individuals with disabilities, special disabled veterans, veterans of the Vietnam era, and other covered veterans. -
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. -
Financial Fraud Law Report
Financial Fraud Law Report an a.s. pratt & sons publiCation january 2014 Headnote: The Feds Get tougher Steven A. Meyerowitz SAC Civil ForFeiture Action raises stakes For insider tradinG Harry Morgan, Bridget Moore, and Danny David tough tone at tHe top oF tHe SEC Greg D. Andres, Richard J. Sandler, and Linda Chatman Thomsen SEC “Zero toleranCe” nets nearly two doZen Firms For alleGed violations oF Short sale rule Marc D. Powers and Jonathan A. Forman CaliFornia Central distriCt rejeCts Federal Government’s expanded view oF Causation under Federal False Claims Act Edward A. Woods, Susan K. Leader, Amjad M. Khan, and Kelsey S. Morris disseCtinG tHe NIST preliminary CyberseCurity Framework Mary Ellen Callahan, Daniel E. Chudd, Michael T. Borgia, Sabrina N. Guenther, and Anne C. Perry The Government’s $48 million ATM witHdrawal: is it time to start sweatinG Again? Paul R. Berger, Sean Hecker, Andrew M. Levine, Bruce E. Yannett, and Philip Rohlik Consumer FinanCial proteCtion bureau ClariFies new mortGaGe serviCinG rules Brian McCormally and Michael Mierzewski FINRA publisHes report on ConFliCts oF interest and provides GuidanCe to broker-dealers about manaGinG and mitiGatinG ConFliCts Amy Natterson Kroll and Russell M. Fecteau Crime and Courts Act 2013: deFerred proseCution Agreements Code oF praCtiCe Peter Burrell and Paul Feldberg 2013 index oF artiCles 2013 index oF autHors Editor-in-chiEf Steven A. Meyerowitz President, Meyerowitz Communications Inc. Board of Editors Frank W. Abagnale William J. Kelleher III Sareena Malik Sawhney author, lecturer, and consultant corporate counsel director abagnale and associates people’s united Bank Marks paneth & Shron llp Stephen L. -
Chairman Jay Clayton, June 1, 2019 to June 30, 2019
Chairman Jay Clayton Public Calendar June 1, 2019 to June 30, 2019 Monday, June 3, 2019 10:30 am Meeting with staff 11:00 am Meeting with staff 11:30 am Meeting with staff 12:00 pm Speaking engagement, SEC Roundtable on Mentorship at the SEC 1:30 pm Meeting with Susquehanna International Group, LLC, including: Jeff Yass, Managing Director; and Brian Sopinsky, Secretary 2:00 pm Speaking engagement, SEC 85th Anniversary 3:00 pm Meeting with Commissioner 4:00 pm Speaking engagement, SEC Historical Society Roundtable with former SEC Chairs, including: David Ruder; Richard Breeden; Arthur Levitt; Harvey Pitt; Christopher Cox; Mary Schapiro; Elisse Walter; and Mary Jo White 5:30 pm Speaking engagement, SEC Historical Society Dinner Tuesday, June 4, 2019 11:00 am Speaking engagement, SEC Mid-Atlantic Regional Conference 12:00 pm Meeting with Robert Hur, U.S. Attorney, District of Maryland; William McSwain, U.S. Attorney, Eastern District of Pennsylvania; and Craig Carpenito, U.S. Attorney, District of New Jersey 3:30 pm Meeting with staff 5:00 pm Meeting with Congresswoman Maxine Waters Wednesday, June 5, 2019 8:00 am Meeting with Senator Pat Toomey 10:00 am Commission Open Meeting 1:00 pm Speaking engagement, SEC Veterans Hall dedication 2:00 pm Meeting with staff 2:30 pm Meeting with staff 3:15 pm Phone call with Senator Mike Crapo 4:00 pm Meeting with staff 4:30 pm Phone call with Congressman Patrick McHenry 5:00 pm Phone call with Congresswoman Ann Wagner 5:30 pm Meeting with staff Thursday, June 6, 2019 7:25 am Interview with Andrew Sorkin, -
Chairman Mary L. Schapiro Public Calendar, 2010
Chairman Mary L. Schapiro Public Calendar 2010 Friday, January 1, 2010 SEC closed for New Year’s Day Monday, January 4, 2010 9:30 am Meeting with staff 10:30 am Meeting with staff 12:00 pm Lunch with FDIC Chairman Sheila Bair, FDIC 2:00 pm Meeting with staff 2:30 pm Meeting with Commissioner and staff 4:00 pm Meeting with staff 5:00 pm Meeting with staff Tuesday, January 5, 2010 9:30 am Meeting with staff 11:00 am Meeting with staff 1:00 pm Meeting with staff 5:00 pm Meeting with staff Wednesday, January 6, 2010 9:30 am Meeting with Commissioner and staff 12:30 pm Press interview with Marcy Gordon, Associated Press 2:30 pm Meeting with staff 3:00 pm Meeting with Commissioner and staff Thursday, January 7, 2010 9:00 am Meeting with staff 10:30 am Meeting with staff 11:00 am Meeting with staff 1:30 pm Meeting with staff 2:00 pm Closed Commission meeting Friday, January 8, 2010 10:00 am Meeting with staff 2:00 pm Meeting with Joel Seligman, President, University of Rochester Monday, January 11, 2010 9:30 am Oral argument 2:30 pm Meeting with staff 3:30 pm Meeting with staff 1 Tuesday, January 12, 2010 10:00 am Meeting with staff 2:00 pm Meeting with staff Wednesday, January 13, 2010 10:00 am Open Commission meeting 2:00 pm Meeting with Yahoo! Inc., including: Roy Bostock, Chairman, Board of Directors; Michael Callahan, General Counsel; Mindy Heppberger, Deputy General Counsel, Corporate Governance; Margaret Stewart Nagle, Director, Government Affairs 3:00 pm Stop by the Division of Enforcement’s town hall meeting 4:00 pm Meeting with staff Thursday, January 14, 2010 9:00 am Testify before the Financial Crisis Inquiry Commission on “Causes and Current State of the Financial Crisis” 1:30 pm Meeting with staff 2:00 pm Closed Commission meeting Friday, January 15, 2010 8:30 am Meeting with Inspector General 10:00 am Photo shoot with Money 11:30 am Meeting with PCAOB Acting Chairman Daniel Goelzer 1:30 pm Meeting with Commissioner 2:30 pm Meeting with Commissioner 4:00 pm Meeting with staff Monday, January 18, 2010 SEC closed for the Birthday of Martin Luther King, Jr. -
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. -
The Madoff Investment Securities Fraud: Regulatory and Oversight Concerns and the Need for Reform Hearing Committee on Banking
S. HRG. 111–38 THE MADOFF INVESTMENT SECURITIES FRAUD: REGULATORY AND OVERSIGHT CONCERNS AND THE NEED FOR REFORM HEARING BEFORE THE COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS UNITED STATES SENATE ONE HUNDRED ELEVENTH CONGRESS FIRST SESSION ON HOW THE SECURITIES REGULATORY SYSTEM FAILED TO DETECT THE MADOFF INVESTMENT SECURITIES FRAUD, THE EXTENT TO WHICH SECURITIES INSURANCE WILL ASSIST DEFRAUDED VICTIMS, AND THE NEED FOR REFORM JANUARY 27, 2009 Printed for the use of the Committee on Banking, Housing, and Urban Affairs ( Available at: http://www.access.gpo.gov/congress/senate/senate05sh.html U.S. GOVERNMENT PRINTING OFFICE 50–465 PDF WASHINGTON : 2009 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 08:33 Jul 07, 2009 Jkt 048080 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\DOCS\50465.TXT JASON COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS CHRISTOPHER J. DODD, Connecticut, Chairman TIM JOHNSON, South Dakota RICHARD C. SHELBY, Alabama JACK REED, Rhode Island ROBERT F. BENNETT, Utah CHARLES E. SCHUMER, New York JIM BUNNING, Kentucky EVAN BAYH, Indiana MIKE CRAPO, Idaho ROBERT MENENDEZ, New Jersey MEL MARTINEZ, Florida DANIEL K. AKAKA, Hawaii BOB CORKER, Tennessee SHERROD BROWN, Ohio JIM DEMINT, South Carolina JON TESTER, Montana DAVID VITTER, Louisiana HERB KOHL, Wisconsin MIKE JOHANNS, Nebraska MARK R. WARNER, Virginia KAY BAILEY HUTCHISON, Texas JEFF MERKLEY, Oregon MICHAEL F. BENNET, Colorado COLIN MCGINNIS, Acting Staff Director WILLIAM D.