As SEC Chair, Christopher Cox "adopted practices that undermined the enforcement division's efforts"

From the Washington Post, we get an examination of former Congressman Christopher Cox's tenure as Chair of the Securities and Exchange Commission (SEC).  It's pretty clear that enforcement and punishment weren't high on the agenda.  They were barely on the agenda at all:

The five enforcement officials caught a morning Acela train bound for Washington. Based at the New York office of the Securities and Exchange Commission, the team was seeking agency approval to impose tens of millions of dollars in fines on a drug company, Biovail, which had allegedly used the crash of a truck hauling depression medicine to cover up financial losses.

But when the group arrived at SEC headquarters on that winter day early last year, it was barred from the room where the commission was meeting, according to a person familiar with the case. Chairman Christopher Cox and his colleagues reviewed the case inside. When the doors opened, the enforcement officials learned the commission had knocked down the penalty to a small fraction of what they had sought.

The outcome, though discouraging to the team, was not a complete surprise, sources said. After Cox became SEC chairman in mid-2005, he adopted practices that undermined the enforcement division's efforts to investigate cases of corporate wrongdoing and punish those involved, according to interviews with 19 current and former SEC officials.

During Cox's tenure, investigators who wanted to subpoena documents or compel interviews faced an increasingly cumbersome process to win the commission's approval for each case, according to current and former agency officials.

Cox also required enforcement officials to see the commissioners before approaching a company about a civil settlement. In several high-profile cases, when SEC lawyers were ready to ask the commission to authorize lawsuits or approve settlements, Cox postponed the decisions at the last minute, leaving cases unresolved for months, the sources said. At times, as in the Biovail case, the commission eventually weakened the sanctions sought by the enforcement division.

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Chris Cox

Duh! This is not a new report. Maybe a new case, but the GAO released a 64 page document in early May showcasing how Cox SEC leadership and Board put up as many roadblocks as possible.

Last year, the total amount of dollars returned to taxpayers via the Fair Funding Act within the SEC which was created 4 or more years ago was NEVER fully implemented by Cox. In 2008, $774.2M was returned...in the first 5 months of the Obama Administration, $1.17Billion has been returned using this tool.

I suggest everyone go to the SEC website and compare the actions for 2008 and 2009. Whether or not you approve of the current SEC leadership...one thing is clear...it has improved dramatically!

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