Christopher Cox, the chairman of the Securities and Exchange Commission blames career administrators at the SEC for their failure to investigate Bernie Madoff.

We now know the SEC received "credible and specific allegations" of wrongdoing by Madoff over the past decade and ignored them. More troubling is the news that an SEC attorney who participated in investigations into Madoff's firm in 1999 and 2004 recently married Madoff's niece.

Industry insiders do not believe the SEC was really "asleep at the switch." The SEC is a toothless tiger that more often than not protects the interests of the industry it is supposed to regulate. Commissioner Cox has carried out that mandate more brazenly than any other Commissioner in recent memory.

Here's one of many examples:

In May, 2004, Senators Patrick Leahy (Chairman of the Senate Judiciary Committee) and Russell D. Feingold, a member of the Senate Judiciary Committee, wrote to Commissioner Cox. They asked him to give investors a choice between the mandatory arbitration system imposed on all investors who have disputes with their brokers and going to Court.

The Fed's putting pressure on various exchanges to set up a clearinghouse for credit default swaps. That's the "news" this morning. News is in quotes because, first, the exchanges all want to do this, and they have wanted it for months. They need the revenue. Second, we want more than one exchange so there is competition in pricing and we don't want a sweetheart deal by a government so prone to sweetheart deals that I want to vomit every day I come to work.

Third, this is a regulatory issue and it should be done by some superbody - but please not the easily lobbied-Commodity Futures Trading Commission, which will make you put no margin down because then the fees will be huge from trading. And please not the Securities and Exchange Commission, which doesn't understand markets and has blessed a world where these are under deep cover.

Frankly, as much as I want a clearinghouse on this stuff, I don't think it is possible with these sets of regulators to get a fair one. They are just too easily lobbied by the bad guys to do the wrong thing.

And who would be the worst at this? Tim Geithner and his merry band of "everything we do is right" Federal Reserve folks. I was listening to the TV Thursday and some host was asking some guest how she thought Federal Reserve Chairman Ben Bernanke was doing. She said "he's done a great job." And I found myself thinking, you have to be kidding, you can't possibly believe that, how could anyone think this guy has done a great job?

Anyway, he and Tim "Mr. Let-Me- Call-the-Media-and-Get-a-Good-Story- About-us-Because-I am-Savvy-and-I- Know-How-They-Care-About-the-Call- Back-and-Will-Praise-US" Geithner" (long and deserving hyphenated nickname) would be without a doubt the worst two to be involved in this credit default swap market because they don't play dirty and don't know how the game works. One of the reasons we are in such a jam is that SEC Chairman Christopher Cox has huge faith in the market and Bernanke has huge faith in the power of debate with people like Dick Fisher, the totally discredited Texas Fed man who was saying that inflation is the issue and it is out of control as the greatest wave of deflation overwhelms us since 1932. Fisher's an arrogant and erudite one-man wrecking crew of this economy.

If the Fed is pressuring for these exchanges then we are really in trouble.

I wonder if they even realize that Oct, 21, the day of the Lehman reckoning when we give the Wall Street gangsters their pay off on their hit jobs on Lehman, will cause the federally owned AIG (NYSE:AIG) write gigantic checks and will also reveal who guaranteed this stuff. It will most likely be lots of institutions the Fed doesn't understand or doesn't know.

It looks like SEC Chairman Chris Cox still has his job -- this despite John McCain's call to fire Cox. And what has Cox done for us lately? He's banned short selling on 799 financial stocks for the next 10 days, according to the Wall Street Journal [subscription required]. The SEC's temporary ban on short selling won't help deal with the underlying problems causing this 100 Year Crash -- but it won't make them any worse.

Short selling is one way to bet against the decline in a stock's share price. A short seller borrows shares from a broker and sells them at that market price. SEC rules give the short seller three days to obtain custody of those shares. The short seller profits by buying back the shares at a lower market price to repay that stock loan. So-called "naked shorting" -- when the short seller never obtains custody of the shares -- is considered abusive. By banning short selling, the SEC is trying to interrupt a negative feedback loop about which I posted yesterday.

This loop helped shorts profit from a decline in investment bank shares. How so? All the bad news has been driving down their shares so much that ratings agencies downgraded the investment banks' debt. Since that debt was insured through the $62 trillion Credit Default Swap (CDS) market, the downgrade threat boosted CDS premiums requiring the investment bank to post collateral in the billions. This put even more pressure on the investment bank to raise capital, driving down its shares even more.

TheStreet.com's Jim Cramer says they had no idea how catastrophic pulling the naked-shorting rules would be.

Christopher Cox and his crowd of academics and theoreticians did more to destroy the confidence of this market with their adherence to free-market destruction of stocks than any of the managements of the companies themselves.

I know that is a strong statement, but you have to understand that the rules against naked shorting and shorting without upticks were about having firebreaks in the system. Consider these rules a swath of chopped-down trees meant to slow a fire so firefighters have a real chance to put out a monster conflagration.

Let's take AIG (NYSE: AIG) (Cramer's Take). Here's a company that has lots of liabilities but also lots of assets. While its liabilities are liquid -- meaning it has to pay them off quickly if there is an event that triggers payment -- its assets, such as its great life insurance and aircraft leasing businesses, are illiquid. AIG couldn't just turn around and sell them.

Still, new management came in at AIG and decided to work on a plan, meant to be revealed at the end of September, that would detail asset disposals that could make the company a more solid credit with an ability to make good on their policies on financial instruments. It would also be able to access capital in the markets once those illiquid assets were disposed of.

While calling Arthur Levitt's tenure as chairman of the Securities & Exchange Commission ineffective would be an understatement, he could, and still can, be relied upon to say the right thing. Now that the SEC finally has the quorum necessary to take action on a variety of issues, they should take Levitt's advice about proxy access changes.

Earlier this year the SEC made it impossible for shareholders to change the way directors are elected -- one of the most anti-investor events in recent history -- and it's time for that to change. Levitt writes in The Wall Street Journal that "While not a panacea, giving shareholders a bigger voice in the companies they own would go a long way in helping to restore trust."

Exactly. Some critics of strong corporate governance say that the SEC shouldn't meddle in these affairs. I basically agree: but the problem is that the SEC has meddled, making it impossible for shareholders to take control of their own companies when necessary.

The timing did seem good. Angelo R. Mozilo, CEO of Countrywide Financial (NYSE: CFC) did sell a lot of stock before the sub-prime mess hit.

Now, The New York Times writes, in "an Oct. 8 letter to the S.E.C. chairman, Christopher Cox, the state treasurer of North Carolina" is questioning the timing of some of Mozilo's sales. "After starting a plan in October 2006, Mr. Mozilo twice raised the number of shares that could be sold: once in December 2006, when Countrywide stock was $40.50, and again in February, when it hit a high of $45.03."

Since Countrywide now trades well below $20, a lot of investors may think that the company's CEO and founder made a killing. He did. That does not mean that he planned it that way. Much of his automatic stock sales program was in place well before the current mortgage market debacle set in.

The acceleration in the selling, however, looks bad, and in this era of tight SEC oversight, looking bad can be bad enough.

Douglas A. McIntyre is a partner at 24/7 Wall St.