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Posts Tagged ‘David Kotz’

Wall Street’s ‘Code of Silence’

Posted by Larry Doyle on April 7th, 2010 9:03 AM |

Shut up!!!

Imagine being in a situation in which you knew you had to be quiet in order to advance your own personal career, rather than speaking up and blowing the whistle on irregularities and improprieties within your firm. This message is consistently relayed by many a whistleblower who has suffered from having tried to do the right thing. What is the result? Firms tout their virtuous values of integrity, respect, and excellence while effectively muzzling those who would blow the whistle on crimes and illegal practices.

I believe this reality is all too present in many, if not most, industries in our society today. There is absolutely no doubt it is present on Wall Street. (more…)

Markopolos on SEC: “A Bunch of Idiots”

Posted by Larry Doyle on February 28th, 2010 12:23 PM |

Harry Markopolos has become a household name in the realm of financial regulatory oversight. Harry earned his stripes for his dogged pursuit of the Madoff scam, especially in light of the lack of support from the SEC.

Harry characterized the SEC as incompetent during his initial Congressional testimony addressing the Madoff scam early last year. During that testimony, Harry characterized FINRA as “in bed with the industry.”

Who in America did not view Harry as a hero for his determination and drive in exposing the Madoff scam?

In light of Harry’s work over the years, I was somewhat befuddled by Harry’s excessively complimentary remarks directed toward Mary Schapiro last fall during Congressional testimony highlighting SEC Inspector General’s David Kotz’ review of the SEC’s handling of the Madoff affair. Harry seemed to lose his disdain for Mary and the SEC.

Well, Harry has regained his edge and his contempt for the SEC. (more…)

FINRA Board to Address Allegations of Schapiro Misconduct

Posted by Larry Doyle on February 4th, 2010 11:40 AM |

Are the wagons circling around Mary Schapiro and her former FINRA colleagues?

Regular readers of Sense on Cents are familiar with the issues and concerns I have raised repeatedly with Wall Street’s self-regulator, FINRA. I continue to believe the issues embedded within this self-regulatory organization lie near the heart of what I deem the Wall Street-Washington nexus.

Perhaps America will learn more about these issues soon. Why? Next week, FINRA’s Board of Directors will address alleged wrongdoings by Ms. Schapiro et al. What are the issues?   (more…)

Who Is Adam Storch and Is Mary Schapiro Really the Right Person to Head the SEC?

Posted by Larry Doyle on October 16th, 2009 11:22 AM |

You must be kidding me.

Our financial regulators, both the SEC and FINRA, certainly failed American investors. The structural failures of these regulators have been highlighted by their own internal reviews authored by David Kotz for the SEC and Charles Bowsher for FINRA.

Over and above the structural failures of these regulators, both the SEC and FINRA have major image problems. What is at the core of those image problems? The following:

> A strong perception that their relationships with Wall Street are far too cozy. Additionally, Uncle Sam has gotten slammed for the depth of relationships and number of hires specifically from Goldman Sachs.

> A strong perception of a general lack of experience throughout these organizations.

Against these widely held perceptions, I am left dumbstruck by news of a very senior hire by the SEC. The SEC announced this morning the hiring of Adam Storch as Chief Operating Officer for its Enforcement Division. I do not know Adam Storch nor would I besmirch his capabilities. That said, for SEC Head Mary Schapiro and SEC Director of Enforcement Robert Khuzami to hire Mr. Storch as COO within this division raises serious questions that deserve to be addressed. What are those questions?

1. If the SEC is in need of experienced people, how does a 29 year old fit that bill?

2. If Uncle Sam in general has been tainted by a perceived cozy relationship with Goldman Sachs, how is it that one of the first key senior hires at the SEC comes from Goldman Sachs?

Bloomberg sheds light on Mr. Storch’s hiring in writing, SEC Said to Hire Goldman’s Storch for Enforcement Job:

The U.S. Securities and Exchange Commission hired Adam Storch, a 29-year-old former employee in Goldman Sachs Group Inc.’s business intelligence unit, as the enforcement division’s first chief operating officer, according to people familiar with the decision.

The COO, who started Oct. 13, has “a great deal of background” in technology and managing processes and the pace of work, Robert Khuzami, head of enforcement, said yesterday in Washington. Storch, who worked since 2004 in a unit at Goldman Sachs that reviewed contracts and transactions for signs of fraud, will be charged with making the unit more efficient. Storch, reached by telephone at the SEC, declined to comment.

I would ask Mr. Khuzami when five years became generally accepted as ‘a great deal’ of experience. What has Mr. Storch done to distinguish himself? His experience includes:

Storch holds degrees in accounting and finance from the State University of New York at Buffalo and studied at New York University’s Leonard N. Stern School of Business. He has certifications in accounting, fraud examination and auditing.

Prior to joining Goldman Sachs, Storch was a senior analyst at accounting firm Deloitte & Touche and an intern at Neuberger Berman LLC, a New York-based asset management firm.

I could understand if Mr. Storch were hired as an examiner or perhaps even a senior examiner if he is particularly strong. But COO? Are you kidding?

A COO is not a rank and file examiner. A COO is one of the senior most individuals in any organization. I have a very hard time believing that Mr. Storch is the ABSOLUTE best candidate for this role. What does his hiring indicate about Mary Schapiro’s and Robert Khuzami’s understanding and appreciation of the SEC’s problems?

The question has been asked previously whether Mary Schapiro is the right person to run the SEC. With all due respect to Mr. Storch, his hiring should increase the intensity of those questioning Ms. Schapiro’s capabilities.

LD

Did Uncle Sam Intentionally Mislead the American Public?

Posted by Larry Doyle on October 5th, 2009 12:40 PM |

“You can’t handle the truth!!”

While the above line by Jack Nicholson in A Few Good Men may have made for good theatre, it makes for lousy public policy. Regrettably, Uncle Sam has utilized that approach in its initial disbursement of funds via the TARP (Troubled Asset Recovery Program).  That opinion is not strictly mine (although I do agree with it), but rather that of Neil Barofsky, the inspector general charged with overseeing the bank bailouts.

The New York Times sheds light on Barofsky’s feelings this morning in writing, Inspector’s Report on Bailouts Says Treasury Misled Public:

The inspector general who oversees the government’s bailout of the banking system is criticizing the Treasury Department for some misleading public statements last fall and raising the possibility that it had unfairly disbursed money to the biggest banks.

A Treasury official made incorrect statements about the health of the nation’s biggest banks even as the government was doling out billions of dollars in aid, according to a report on the Troubled Asset Relief Program to be released on Monday by the special inspector general, Neil M. Barofsky.

There is NO doubt that Uncle Sam, in the persons of Hank Paulson, Ben Bernanke, Tim Geithner, Larry Summers et al, has little confidence that the American public can handle the truth about the overall health of our banking industry.

That said, the lack of transparency and integrity as highlighted by Mr. Barofsky does not come without a cost. What is that cost? Lessened confidence in our regulators and our markets going forward.

I addressed these very topics of financial regulatory transparency and integrity on my radio show last evening. In the process of interviewing former SEC attorney Genevievette Walker-Lightfoot, I made the following comment in regard to the statement put forth a month ago by SEC Inspector General David Kotz dealing with the SEC’s failures on the Madoff investigation. I said:

If that is the kind of face saving self-serving approach, people are going to call foul on it. The real cost is, and I think we are bearing this cost right now whether with the SEC or with FINRA, if you’re not going to be honest with us how can we fully trust that you’ll be honest on a going forward basis?

Now I’ll grant you I guess we don’t have much choice. What are we going to scrap the entire SEC or scrap the entire FINRA and start from scratch? Some people may say that’s what we want to do, but that’s obviously not going to happen.

It does get to the point where there’s got to be total transparency. There’s got to be total integrity. There’s got to be total accountability and if people haven’t done the job or are incapable of doing the job then you know what, for the long haul – and I’m not talking about the next six months but rather the next ten, fifteen, twenty years – people got to go and other people got to come!!

Genevievette Walker-Lightfoot responded:

“I agree. That’s true.”

How about you, what do you think? Can you handle the truth? Wouldn’t you like to be given the opportunity?

LD

Note: the views expressed by Genevievette Walker-Lightfoot during last night’s show are her own personal views and do not in any way reflect her position as an employee of the Federal Reserve Board.






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