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Dismantling of a once-proud agency: The S.E.C.

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When Christopher Cox was appointed by President George Bush to head the U.S. Securities and Exchange Commission, some people compared it to putting the fox in charge of the hen house -- certain he would destroy all that had been built by one of the SEC's most effective leaders, Arthur Levitt. Wall Street wanted someone who it knew would reduce regulation and enforcement. They got what they wished for -- but are they pleased with the results? Probably not. Arthur Levitt was tough to deal with but I doubt any of this Wall Street mess would have happened if he were still in control of the SEC.

The Bernard Madoff scandal is just another in a long string of missteps from the agency Christopher Cox helped to dismantle. Cox's budget cuts and the regulation changes he encouraged removed the SEC's enforcement division's teeth, making it harder for the agency to impose penalties on corporations.

Christopher Cox rarely took a stance against anything Wall Street could dream up. When Bear Stearns was in trouble, he was like Nero declaring there wasn't a problem as Rome burned. Just three days after Cox assured investors all was well, Bear Stearns collapsed.



David Kotz, the commission's new inspector general, documented several major botched investigations involving Bear Stearns. One critical one involved the dropping of a key inquiry into securities sold by Bear Stearns in Miami. Another report documented the lack of any significant oversight by the commission regarding Bear Stearns as it spiraled into total collapse.

Sound familiar? Not much different than what we'll probably learn about the mismanagement by the SEC involving its oversight of Bernard Madoff. The list grows daily of charities that have been destroyed by Madoff and the lives of retirees that are now in ruins. Hopefully President-elect Obama will soon name someone who can rebuild the SEC to the proud institution that it once was.

Lita Epstein has written more than 25 books including Reading Financial Reports for Dummies and the Complete Idiot's Guide to Value Investing.

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Last updated: November 27, 2009: 11:50 PM

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