New York Times Reports that SEC Is Avoiding Tough Sanctions For Large Banks

An analysis by The New York Times of SEC investigations over the last decade found nearly 350 instances where the agency has given big Wall Street institutions and other financial companies a pass on those or other sanctions. Those instances also include waivers permitting firms to underwrite certain stock and bond sales and manage mutual fund portfolios. Securities experts and former regulators have stated that by granting those waivers, the S.E.C. allowed Wall Street firms to have powerful advantages, including: (i) the institutions remained protected under the Private Securities Litigation Reform Act of 1995, which makes it easier to avoid class-action shareholder lawsuits; and (ii) the companies continue to use rules that let them instantly raise money publicly, without waiting weeks for government approvals. Without the waivers, the companies could not move as quickly as rivals that had not settled fraud charges to sell stocks or bonds when market conditions were most favorable. Other waivers allowed Wall Street firms that had settled fraud or lesser charges to continue managing mutual funds and to help small, private companies raise money from investors - two types of business from which they otherwise would be excluded.

Originally Published: 
03/02/2012