This renders diversification inefficacious. As long as
considerations of "expected liquidity" do not constitute an
explicit part of income-based models, the market will
render them increasingly irrelevant.
XXIV. The Future of the Securities and Exchange Commission (SEC)
Interview with Gary Goodenow
In June 2005, William H. Donaldson was forced to resign
as Chairman of the Securities and Exchange Commission
(SEC). The reason? As the New York Times put it:
"criticism that his enforcement was too heavy-handed".
President Bush chose California Rep. Christopher Cox, a
Republican, to replace him.
Gary Langan Goodenow is an attorney licensed to
practice in the State of Florida and the District of
Columbia. The Webmaster of
www.RealityAtTheSEC.com, he worked at the Miami
office of the SEC for about six years, in the Division of
Enforcement.
His experience is varied. As a staff attorney, he
investigated and prosecuted cases enforcing the federal
securities laws. As a branch chief, he supervised the work
of several staff attorneys. As a Senior Trial Counsel, he
was responsible for litigating about thirty enforcement
cases at any one time in federal court. As Senior Counsel,
he made the final recommendations on which cases the
office would investigate and prosecute, or decline.
He describes an experience he had after he left the SEC.
"I represented an Internet financial writer with a Web
site that touted stocks, Mr. Ted Melcher of SGA Whisper
Stocks. The SEC sued Ted because as he was singing
the praises of certain stocks in his articles, he was selling
them into a rising market. He got his shares from the
issuers in exchange for doing the promotional
touting. Unfortunately for him, the SEC and the
Department of Justice made an example of his case, and
he went to jail".
Q. The SEC is often accused of lax and intermittent
enforcement of the law. Is the problem with the
enforcement division - or with the law? Can you describe
a typical SEC investigation from start to finish?
A. The problem lies with both.
At the SEC, the best argument in support of a proposed
course of action is "that's what we did last time". That will
inevitably please the staff attorney's superiors.
SEC rules and regulations remind me of an old farmhouse
that has been altered and adapted, sometimes for
convenience, other times for necessity. But it has never
been just plain pulled down and rebuilt despite incredible
changes around it. To the uninitiated, the house is
rambling with hidden passages, dark corners, low ceilings,
folklore and horror stories, and accumulations of tons of
antique rubbish that sometimes no one - not even some
SEC Commissioners - can wade through.
Public-domain text, read in full here on John Shaqi.
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