With SEC Chairman Chris Cox using his light saber to battle the imaginary sith lord of naked short selling, SEC Inspector General David Kotz has released a fourth report criticizing the commission for its oversight of Wall Street over the past two years.

According to The Wall Street Journal (subscription required), Kotz found that the SEC's Miami office dropped a case against Bear Stearns "and others despite negotiating a $500,000 settlement with the investment bank for failing to supervise a former employee. The case, which was described as 'strong' by at least three enforcement staffers, was dropped without being presented to the five-member commission for a vote."

The head of the Miami office, David Nelson, told Bear Stearns lawyers that "Christmas is coming early" this year, and "Bear Stearns can keep their money." The case involved an employee who was alleged to have given inappropriately high valuations to bonds and loans held by a Puerto Rican bank.

The SEC's enforcement staff responded to the report by saying that it is "misleading, and all too often relies on speculation and innuendo to support its harsh conclusions."

Harsh conclusions? You mean like the collapse of the financial sector and a $700 billion taxpayer funded bailout?

It's unclear whether a $500,000 settlement would have changed anything, but the announcement might have tipped off investors to the huge problems at Bear Stearns before it was too late.

SEC inspector says agency messed up on Bear Stearns regulation originally appeared on BloggingStocks on Sat, 11 Oct 2008 17:10:00 EST. Please see our terms for use of feeds.

The SEC has been accused of being flat-footed on the issue of short selling. The impression among the media and some politicians is that the agency has failed its charter to be the primary watchdog over markets on a number of occasions. John McCain even said he would fire Christopher Cox, the SEC chairman.

Adding to the disdain is a report from inside the SEC itself issued by the agency's monitor of internal controls. According to The Wall Street Journal (subscription required), "Inspector General David Kotz said it is 'undisputable' that the SEC 'failed to carry out its mission in its oversight of Bear Stearns.'" Kotz says the SEC was aware of the threats posed by subprime mortgages and did nothing.

The news adds to the perception that if the federal government had been on top of the credit crisis beginning in early 2007, a number of large banks and brokerage firms would not have failed or watched their shares lose 80% of their value. Based on this point of view, the government is liable for hundreds of billion of dollars loses suffered by common shareholders and bond holders.

Private enterprises rarely have any success suing government agencies. in many ways that is a practical way to keep the courts from being overwhelmed by people with grievances against federal authorities. But, the inspector general's comments do say that investors in the firms which failed were not fools. They simply never had the benefit of assistance from the one agency which should have protected them.

Douglas A. McIntyre is an editor at 247wallst.com.

SEC points a finger at itself originally appeared on BloggingStocks on Sat, 27 Sep 2008 06:41:00 EST. Please see our terms for use of feeds.