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Defining and Executing Systematic, Risk-Based Third-Party Due Diligence for FCPA Compliance
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Enforcement Action

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“Enforcement Action” is written by Bruce Carton, a former senior counsel in the SEC's Division of Enforcement. A “blawg pioneer” (according to The Wall Street Journal), Carton was the creator of Securities Litigation Watch, a blog that he wrote for more than three years while he was vice president of ISS' Securities Class Action Services. He is now editor of Securities Docket, an online publication that tracks securities litigation and enforcement developments on a global basis. Carton welcomes questions, comments and statements from readers on enforcement and litigation issues; he can be reached via email at BCarton@complianceweek.com.

 

May 12, 2009

Schumer Continues to Press for SEC Move from DC to NY

Back in January, Sen. Charles Schumer of New York commented that he believed it made sense to physically move the staff of the SEC’s Office of Compliance, Inspections and Examinations (OCIE) from Washington, DC to New York.  He stated then that OCIE should be moved to New York because “it makes no sense to have cops who are patrolling their beat from hundreds of miles away.”  He added that “at the same time, moving these functions to New York will improve the SEC’s ability to hire top professionals with the skills and experience to detect complex financial frauds” and that the SEC needs more “professionals in place who understand how markets work.”

In a Senate hearing last week, Sen. Schumer took that idea a step further, arguing that OCIE, the Enforcement Division, and… wait for it… the entire SEC should move to New York to be closer to the Wall Street firms:

“When the team is having lunch in Phoenix, they don’t pick up as much information as when they do in downtown Manhattan,” Schumer said. The enforcement unit, or even the entire SEC, should also relocate to the city, he said.

Sen. Schumer also pressed hard for SEC Enforcement Director Robert Khuzami to name a permanent leader for the New York Regional Office.  Khuzami stated that the SEC is in the “final stages” of hiring a new director for the New York City office.

Posted by: bcarton @ 9:34 am

Filed under: Enforcement, SEC Tags:

1 Comment »

  1. The real issues regarding some of the issues with regard to finding fraud might be related to the financial reporting requirements. No where in the current disclousure is there segmented cash flow reporting which would show how cash is being moved between holding/affiliated companies. Only then will the investor know what is going on at the company. If this was a requirement then it would not matter where the compliance/enforcement division of the SEC would be located as long as the reporting requirements supplied enough information in order to determine where the cash is. This would go a long way to seeing potential fraud.

    With today’s electronic age this would not be an issue.

    Comment by Robert H Smith — May 13, 2009 @ 11:05 am

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