How to Rebuild the SEC

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The portions of Michael Lewis and David Einhorn’s NYT op-ed that Noam Scheiber highlights are really worth sharing. On the campaign trail, Obama made it appear that he was going to use the financial crisis to bring back regulation to our financial markets. Lewis and Einhorn have an easy way for him to start. Let’s hope our President-elect doesn’t go weak in the knees.

It’s not hard to see why the S.E.C. behaves as it does. If you work for the enforcement division of the S.E.C. you probably know in the back of your mind, and in the front too, that if you maintain good relations with Wall Street you might soon be paid huge sums of money to be employed by it.

The commission’s most recent director of enforcement is the general counsel at JPMorgan Chase; the enforcement chief before him became general counsel at Deutsche Bank; and one of his predecessors became a managing director for Credit Suisse before moving on to Morgan Stanley. A casual observer could be forgiven for thinking that the whole point of landing the job as the S.E.C.’s director of enforcement is to position oneself for the better paying one on Wall Street….

The key suggestion:

If the S.E.C. is to restore its credibility as an investor protection agency, it should have some experienced, respected investors (which is not the same thing as investment bankers) as commissioners. President-elect Barack Obama should nominate at least one with a notable career investing capital, and another with experience uncovering corporate misconduct. As it happens, the most critical job, chief of enforcement, now has a perfect candidate, a civic-minded former investor with firsthand experience of the S.E.C.’s ineptitude: Harry Markopolos [the investor who spent years trying to alert the SEC to Bernie Madoff].

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