(The article featured
below is a selection from Federal
Securities Law Reporter, which is available to subscribers of that
publication.)
Cox Praises International Cooperation in SEC's
Enforcement Efforts
Chairman Christopher Cox, in remarks
at the closing of the SEC's International Enforcement Institute, noted the
importance of working with international regulatory counterparts in the current
credit crisis. Securities regulators from over 65 countries attended the
institute to learn about issues such as conducting investigations, devising
strategies for market surveillance and the inspection of broker-dealers.
Maintaining market confidence is a global responsibility, according to the
chairman, so securities regulators around the world must work together toward
that objective, and particularly in the area of enforcement.
Mr. Cox reported that the SEC in the
last year requested assistance from foreign regulators 556 times in connection
with its investigations, many of which were linked to possible wrongdoing in the
subprime markets. The SEC has 12 open subprime investigations underway with its
foreign regulatory counterparts, he advised. Many of the cases are complex
investigations that require access to each other's files, he explained. Some of
the cases also include ongoing criminal investigations in the United States and
abroad.
Chairman Cox said the SEC has
received 454 requests from foreign regulators in the past year for assistance in
enforcement matters. These cooperative international efforts have led to
tangible and impressive results, he said. He reviewed recent cases involving the
assistance of foreign regulators, including regulators in the United Kingdom,
Switzerland and Andorra.
The chairman noted that studies have
found a correlation between the level of securities law enforcement and the
health of capital markets. The securities markets are deeper where there is a
robust public enforcement of the securities laws, he said. He added that
strengthening public enforcement has been found to assist in the quality of
emerging markets.
In the last fiscal year, Chairman Cox
reported that the SEC has brought a record number of enforcement actions against
market manipulation, including a precedent-setting case against a Wall Street
short seller for spreading false rumors. The SEC, for the last two years, has
set a record for the highest number of corporate penalty cases in the agency's
history. In recent months, the SEC has announced settlements in principle that
will return over $50 billion to investors in auction rate securities. Those are
by far the largest settlements in the SEC's history, he advised.
The SEC also brought the highest
number of insider trading cases in the agency's history in 2008, many with the
assistance of foreign regulators. The SEC brought a record-setting number of
cases under the Foreign Corrupt Practices Act as well. Chairman Cox said that
the participants in the institute highlight the cooperative spirit that helps to
make the SEC's efforts successful.
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