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Transparency!

New financial regulation reform bill exempts SEC from FOIA

When Barack Obama signed the new financial-regulation reform bill into law, its supporters claimed it as a victory for transparency and accountability.  That may be true for Wall Street, although debatable, but it’s not true for government and the regulatory regime it enhanced.  The SEC now claims that the bill has given them an exemption from Freedom of Information Act requests, the very device by which citizens and media force transparency in the halls of power

The use of FOIA has uncovered many problems at the SEC, which is undoubtedly why Chris Dodd and Barney Frank wanted the exemption.  Among the cases listed by Fox Business as having been boosted by FOIA requests are:
  • March 2009 – Fox used FOIA to discover that the SEC had investigated Madoff and R. Allen Stanford, but failed to follow through on prosecution in time to save investors.
  • 2009 – Fox again used FOIA to get records showing that the Fed knew AIG execs would get their bonuses under the bailout legislation proposed by Congress.
  • SEC whistleblower Gary Aguirre forced the SEC to release documents through FOIA requests that showed he was correct in accusing the agency of interfering in an investigation of Pequot Asset Management — and allowed him to get a settlement for wrongful termination.
None of these would have happened without FOIA.

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