By Sarah N. Lynch
WASHINGTON, Feb 11 (Reuters) - Former U.S. Securities and
Exchange Commission staffers who now work in the private sector
may have helped derail last year's effort to reform the $2.6
trillion money market fund industry, according to a report
released on Monday.
The case study on money market fund lobbying is part of a
60-page report by the Project on Government Oversight (POGO). It
is one example within a broader review by the non-profit
government watchdog that examines in detail how the "revolving
door" at the SEC may have impacted policy and enforcement
decisions over a 10-year period.
The publication of the report comes a few weeks after
President Barack Obama nominated Mary Jo White, a former
prosecutor and high-profile white collar defense lawyer, to lead
the SEC.
While White's nomination has generated little controversy so
far, some have questioned whether her past defense of Wall
Street executives could impact how she does on the job.
"The revolving door is deeply embedded at the SEC and
throughout the federal government," the report said.
"The close linkage between the regulators and the regulated
can influence the culture, the values and the mindset of the
agency - not to mention its regulatory and enforcement
policies."
The report calls for reforms to help prevent problems that
may be posed by the revolving door. They include requiring
agencies to post disclosure statements online, expanding the
criteria for when staffers must file post-employment statements,
and extending the cooling-off periods for employees who enter
and leave the government.
POGO's report analyzes disclosure forms obtained through a
Freedom of Information Act request that were filed by over 400
former employees representing clients or new employers before
the SEC from 2001-2010.
As an example of how SEC alumni can help influence policy
outcomes, the report points to a lengthy list of former
commissioners and staffers, including former Commissioner Laura
Unger, all of whom questioned the reforms proposed by
then-Chairwoman Mary Schapiro for money market funds.
In Unger's case, she accompanied a delegation from Fidelity
Investments to the SEC in her role as a special adviser with the
advisory firm Promontory Financial Group.
Other SEC alumni who reached out to the agency about the
fund rules included Susan Ferris Wyderko, who once held the top
spot in the SEC's Division of Investment Management and is now
president and CEO of the Mutual Fund Directors Forum.
Schapiro was concerned money funds were still at risk for
runs like the one experienced by the Reserve Primary Fund in
2008 during the height of the financial crisis. She had sought
to impose either a combination of capital buffers and redemption
holdbacks, or a switch to a floating net asset value from a
stable $1-per-share.
Three commissioners refused to support putting the plan out
for public comment, leading the new Financial Stability
Oversight Council of regulators to try to pressure the SEC to
act.
It was only after Schapiro left the agency in December and
after SEC economists completed a study requested by the three
commissioners that a proposal began to gain some traction.
Currently, commissioners are reviewing an early-stage
concept document and exploring courses of action.
POGO acknowledges that "it's hard to know how much any of
these alumni contributed to" the temporary derailment.
However, it notes that SEC Democratic Commissioner Luis
Aguilar, who once worked for the money management firm Invesco,
helped tip the balance when he joined his two Republican
colleagues in opposing a vote on the proposal.
"In March 2012, Invesco sent a team to meet with Aguilar at
the SEC and tell him why tightening rules for money market funds
was a bad idea," the report says.
Later, it noted, Aguilar issued a statement opposing
Schapiro's plan "that closely tracked arguments made by the
industry."
The report quotes Aguilar as saying that his prior
relationship with the industry did not make him more receptive
to its arguments. He told POGO that he follows the public
interest and also noted that Invesco's leadership has changed
since he left a decade ago.
"I don't think I'm anybody's puppet," Aguilar is quoted
telling POGO.
On Monday, Aguilar told Reuters that he was initially
reluctant to support Schapiro's plan because a study on the
efficacy of 2010 money fund reforms had not been done at the
time.
"I think we had to look before we leap," he said. He said
many of his concerns were addressed in a study that was released
in December 2012, and he is "optimistic" that the SEC will be
able to put forth "a robust proposal in the very near future."
On Monday, SEC spokesman John Nester added that the SEC
follows "government-wide regulations and laws that deter
conflicts and ensure impartiality."
"We decide issues on their merits according to the rules and
regulations governing the securities industry regardless of
whether the requestors have an SEC background or not, and I'm
not aware of any factual information to the contrary," Nester
said.
He added that a recent study by the Government
Accountability Office concluded that the SEC's controls are "as
strong and consistent" with other federal agencies."
POGO's report also discusses Mary Jo White as an example of
the revolving door.
It notes that White was previously hired by the Morgan
Stanley board to determine whether its prospective chief
executive, John Mack, had any exposure in an SEC insider-trading
investigation of the hedge fund Pequot Capital Management.
In a 2007 investigative report by the minority staff of the
Senate Finance Committee that looked into the firing of an SEC
lawyer involved in the Pequot case, Senate staff questioned why
White was directly contacting the SEC's enforcement director at
the time, Linda Thomsen, about John Mack.
"By providing prominent individuals selective access to
senior SEC officials, the SEC allowed bits of information about
its non-public investigation of Pequot to leak to a potential
defendant's prospective employer," Senate investigators said.
Iowa Republican Senator Charles Grassley, whose staff led
the probe into the firing of the SEC attorney over Pequot,
issued a statement on Monday calling on the agency to tighten
rules surrounding potential revolving-door conflicts.
"It's especially important for the SEC to fix this problem
with the arrival of a new chairman who, if confirmed, would
bring a lot of good things to the commission but also a lot of
connections to the securities industry she'd be regulating," he
said in a statement.
"She'd need to operate under strict rules while at the
commission and afterward if she returns to the private sector,
and so should everyone else."
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