By Sarah N. Lynch, Aruna Viswanatha, Emily Stephenson
and Matt Spetalnick
WASHINGTON, Jan 24 (Reuters) - The White House on Thursday
nominated former federal prosecutor Mary Jo White to head the
Securities and Exchange Commission, selecting a hard-nosed
enforcer who also has experience defending Wall Street figures.
A petite 65-year-old with an outsized reputation for
prosecuting terrorists and mob bosses as the former U.S.
attorney for the Southern District of New York, White would
become the third consecutive woman to hold the post.
President Barack Obama said White is not someone to be
messed with.
"One former SEC chairman said, 'Mary Jo does not intimidate
easily,' and that's important, because she has a big job ahead
of her," Obama said during a press conference at the White
House.
Obama warned that the administration will keep Wall Street
and banks on a tight leash, continuing the message of a strong
liberal agenda he laid out during his inaugural address on
Monday.
White does bring balance to the position, having spent her
recent years in private practice representing some major players
in the financial crisis, including former Bank of America Corp
Chief Executive Ken Lewis.
The pick drew praise from both Wall Street and reform
advocates, who say White would ably steer the powerful agency
that plays a key role in overseeing U.S. financial markets.
Obama also renominated Richard Cordray to continue as head
of the Consumer Financial Protection Bureau, the U.S. watchdog
for consumer products such as mortgages and student loans.
New York's Charles Schumer, a Democrat who is part of the
Senate leadership and sits on the powerful Senate Banking
Committee, praised White's reputation as a tough-as-nails
prosecutor and predicted she will "easily be confirmed."
Several Senate Republicans on Thursday also reacted
positively to White's appointment, saying they hope she will
work hard to protect investors from fraudsters.
"Having an SEC chairman with extensive prosecutorial
experience can be a good thing," said Iowa Republican Senator
Charles Grassley.
A swift confirmation for White could help the SEC speed up
its implementation of the dozens of unfinished rules required by
the 2010 Dodd-Frank Wall Street reform law.
White would succeed current SEC Chairman Elisse Walter, a
Democratic commissioner who took over in December after
predecessor Mary Schapiro stepped down.
Schapiro's departure left the SEC divided between two
Democrats and two Republicans. Observers said the split could
make it nearly impossible to complete controversial rules, such
as the Volcker Rule, which bans banks from proprietary trading.
HIGH-PROFILE CASES
White, now a respected white-collar defense attorney with
the law firm Debevoise and Plimpton, was the only woman in the
200-year history of the U.S. Attorney's Office for the Southern
District of New York to serve in the top spot there.
She was in office from 1993 through 2002, during a
tumultuous time that included the 1993 bombing of the World
Trade Center and the infamous Sept. 11 attacks of 2001.
Under her watch, the U.S. Attorney's office won about 35
convictions of militant Muslims charged with plotting against
Americans. She also helped successfully prosecute mob boss John
Gotti, Sr.
"As a young girl, Mary Jo was a big fan of the Hardy Boys
... As an adult, she has built a career the Hardy Boys could
only dream of," Obama said on Thursday.
As a defense attorney, White has been involved in
high-profile SEC and Justice Department cases.
She conducted an internal investigation into corruption at
Siemens AG that resulted in a record settlement for the German
engineering conglomerate. She also represented healthcare
provider HCA Holdings Inc in an insider-trading investigation,
according to her online biography.
In the banking world, White represented JPMorgan Chase & Co
in major matters related to the financial crisis, as well as
former Bank of America CEO Lewis over a civil lawsuit in
connection with Bank of America's acquisition of Merrill Lynch.
It is unclear whether her defense of Wall Street clients
could prove troublesome during the U.S. Senate confirmation
process, but it will likely limit some of her work at the SEC,
at least initially.
There are government ethics standards that bar employees for
at least one year from participating in certain matters if a
former employer represents a party or is a party.
RAVE REVIEWS
Wall Street champions and critics both had positive takes on
White.
"I have met Mary Jo White, and anyone who knows her at all -
extremely capable, competent, bright, tough and a perfect
choice," JPMorgan CEO Jamie Dimon said in an interview on
Thursday with Fox Business Network from Davos.
Neil Barofsky, who was hired as an assistant U.S. attorney
by White in 2000, and went on to become the Special Inspector
General for the Troubled Asset Relief Program, called Obama's
pick an "inspired choice."
"I expect that she will be unfazed by the intimidation
tactics of the usual suspects in Washington - be they
antagonistic members of Congress, captured officials from other
parts of government or those who so relentlessly push the
agendas of the largest banks," Barofsky said.
Like Schapiro, White has previously been identified as a
political independent. Unlike Schapiro, White has not worked as
a Wall Street regulator.
However, White's husband, John White, served as the director
of the SEC's Corporation Finance division, which oversees public
company disclosures, from 2006 to 2008.
On Thursday, White thanked her husband during the press
conference and pledged to complete rigorous Wall Street reforms.
"I look forward to committing all of my energies to working
with my fellow commissioners and the extremely dedicated and
talented men and women of the staff of the SEC to fulfill the
agency's mission to protect investors," she said.
Known for a legendary work ethic and a fondness for beer and
baseball, White also developed a reputation as a ferocious
basketball player when in the U.S. Attorney's office, even
though she stands around 5 feet tall.
She is also an avid runner, having competed in numerous New
York Road Runners races ranging from 5Ks to half-marathons.
Former SEC enforcement director William McLucas said it was
an "excellent sign" that the White House could get someone of
her caliber to take the position.
"There is no one I know that works harder," McLucas said.
CORDRAY CONTROVERSY
As for Cordray, he has already faced some uphill battles
with Republicans in Congress.
Cordray, a former Ohio attorney general, was appointed in
January 2012 while Congress was in recess after Republicans who
were wary of the CFPB's independence blocked his nomination.
The controversial appointment limited the amount of time
Cordray could serve without going through a full confirmation
process. The CFPB has drawn criticism from Republicans and
business groups, who say it is virtually unchecked, and will
hurt lending and put small banks out of business.
"Financial institutions have plenty of lobbyists looking out
for their interests," Obama said. "The American people need
Richard to keep standing up for them. There is absolutely no
excuse for the Senate to wait any longer to confirm him."
Some political observers said that any fights to come will
not be about Cordray personally, but about the agency.
Senator Mike Crapo, who is expected to be tapped as the
ranking Republican of the Senate Banking Committee, said
Thursday he will continue to oppose any nominee to head the CFPB
"until key structural changes are made."
(Additional reporting by Douwe Miedema, Jonathan Stempel, Anna
Sussman, Karen Freifeld and David Henry)
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