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SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash

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Posted by:   bobo 8/15/2006 4:50 AM

It's always fun to read the NY press corps' take on reality. Most of the time it is driven by whatever powerful Wall Street special interests want the sheep in the hinterlands to believe, but occasionally the veil slips, and we are given a glimpse of what is really going on.

Today was an example of that occurring.

Here's an excerpt from a NY Times article discussing the SEC's handling of the Gary Aguirre investigation, and his allegations that the SEC engaged in a cover-up to hide its role in influence pedaling and insider trading, and sidelining an investigation into an influential hedge fund and its high profile personalities.

http://www.nytimes.com/2006/08/15/business/15wall.html?ref=business

"August 15, 2006

Senators Voice Concern on S.E.C. Hedge Fund Case

By WALT BOGDANICH

The chairmen of two Senate committees have written to the head of the Securities and Exchange Commission saying they are troubled by the agency’s handling of accusations that political considerations impeded the investigation of a prominent hedge fund, Pequot Capital Management.

In a letter dated Aug. 2, the senators — Arlen Specter, chairman of the Judiciary Committee and a Republican from Pennsylvania, and Charles E. Grassley, a Republican from Iowa who leads the Finance Committee — said that the S.E.C. and its inspector general had given Senate investigators information on the Pequot case that was “inconsistent, incomplete and contradicted by documentary evidence.”

("Contradicted by documentary evidence. Is that Congress-speak for, "They lied"? - Bobo)

They also told the S.E.C. chairman, Christopher Cox, that agency officials “were seemingly unaware” of important documents and meetings involving its investigation of Pequot.

As a result, they wrote, “many questions regarding the handling of the PCM matter remain unanswered.” They asked Mr. Cox for all documents created by the S.E.C. in connection with its Pequot investigation. "

So the Senators are troubled. Wonder why an experienced former prosecutor like Specter is "troubled" by the SEC's role in the case so far?

Could it be because he smells a big fat rat?

The article continues to call into question the SEC's capability of doing any sort of internal investigation into the firing of Gary Aguirre that would have even the pretense of legitimacy.

Folks, I've said this before, and I'll say it again.

Congress needs to appoint an independent special prosecutor, who needs to thoroughly investigate the allegations made by Aguirre, and get to the bottom of it, quickly, and credibly.

If the ugly story is true, the SEC needs to be disassembled, as it is so badly compromised it cannot do the job it's chartered with. If the top cop in the markets is so dirty that it is running interference for the bad guys, and selects the application of the rule of law based upon the amount of clout and cash its targets have, it isn't a cop anymore. It's a protection racket. A con. A sham, masquerading at protecting investors, when what it is really doing is obstructing justice on behalf of Wall Street's royalty.

That seems pretty clear to me. There is historical precedent for regulators being co-opted by the parties they are supposed to be regulating, so it isn't as though hat never happened before.

And the Pecora hearings demonstrate that a truly independent prosecutor can be uniquely effective an uncovering larcenous misdeeds by Wall Street's most venerated names - so the notion that rich, powerful institutions there couldn't possibly be up to no good is easily debunked. Those hearings revealed a cesspool wherein most of the biggest names on the street were so dirty as to make the most hardened inmates at Sing Sing blush. They resulted in the creation of the SEC via the 1934 Securities Exchange Act.

I think it's time to take off the gloves, and get a real independent investigator on the case. The stink from the SEC is getting more pronounced the more we learn about their handling of the Aguirre matter, and the assumption of good faith that we bestow upon that agency doesn't appear warranted.

We need to know what happened, and we need to know now. What we don't need is the same, allegedly corrupt agency, investigating itself. That is a farce. And we don't need the asleep at the wheel banking committee fighting to maintain territorial control, so it can declare that all is well after some backroom back slapping.

We deserve a cop that is doing its job. And right now, it appears that we have a cop who's holding the door of the getaway car for the robbers, after filling it up with gas and checking the tire pressure.

If that's the case, we need to end this now.

Appoint a special prosecutor, Senator Specter. It's time.

 

Copyright ©2006 Bob O'Brien
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Comments (37)
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By clearthinker on 8/15/2006 7:58 AM
Specter is a Senator.......take off the gloves....let's see some orange jump suits and bracelets
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By rtway1 on 8/15/2006 8:05 AM
I hate to sound like a broken record but the one thing the republicans do not want to see is this Nov. election going south on them. Take the time and effort out to contact the Republican National Committee, any republican senators from your area that are up for re-election, or any fund raising group for their re-elections and let them know they are loosing the votes (remind them that you have family and friends that have voted for them in the past) and they are not getting a dime until they prove to you that they are doing something about this SEC and counterfeiting of shares problem. At this point it doesn't matter much who is in control because it can't get any worse than it is. If we don,t take back control of our markets you might as well learn a new language other English. One thing that gets the attention of a politician is money and votes, lack of either is their demise.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By robelita on 8/15/2006 2:15 PM
Now I'm f------ mad! It is no longer an issue of "are we being raped and f----- but who are the perpretrators? This country is going the way of Rome and the jackals and stooges are allowing for our untimely demise. WAKE UP PEOPLE!!! This country will soon reduced to making mittens and paying misanthropes for deeper penetration!
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By Tonga on 8/15/2006 2:33 PM
“Several of those things aren’t necessarily indications of misbehavior, but cumulatively it doesn’t look good,” notes Skeel. Trial lawyer James W. “Wes” Christian has been fighting the network of offshore firms whose stock manipulations he alleges damaged Sedona and dozens of other firms. “In every company without exception that we represent, we found a rat,” he says. “We found that the lawyers that these companies used were actually lawyers for the bad guys.” And, he says, there was also usually an insider on the board of directors who helped make sure the manipulative deals went down. “These guys put someone on the board because it’s a way to monitor things.”

Whether Xybernaut knew what it was getting into when it sought out the offshore financiers remains unclear. The company approached Christian’s legal team in 2005 about joining its network of fraud cases, he says, but the talks quickly fell apart in a disagreement over fees. What is clear about Xybernaut, Christian says, is this: “Their stock was manipulated both up and down to allow offshore companies, including hedge funds and financial investment funds, to make millions of dollars at the expense of poor innocent investors who paid for their shares with their hard-earned money that ultimately, because of such manipulation, became worthless

http://www.prospect.org/web/page.ww?section=root&name=ViewPrint&articleId=11861

.”
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By robelita on 8/15/2006 7:49 PM
Forget Lieberman-he's nothing more than a self-serving political parasite with no allegiance to anyone other than himself.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By Sean on 8/16/2006 4:41 AM
I listened to CNBC and Charlie Gasparino this morning and for those of you that think CG is on our side or doing some kind of unbiased journalism, please forget about it. I believe he has been assinged to these stories to quell the masses and make CNBC look like there is some sort of serious journalism endeavours going on..THERE IS NOT!! Joe Kiernan stated and I quote"Even a tootless SEC is better than these Congressional Clowns performing an investigation". I hope Arlen Specter saw this report. Then when the report was about to get interesting Quintana interrupted with his important story that Pamela Anderson is no longer the top requested Nudie on the internet.??? Am I missing something here? We' re in serious trouble folks if we are depending on any true reporting from these guys. I think Arlen Specter may be our only "Outside/Inside" hope.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By InTheKnow on 8/16/2006 5:15 AM
Squawkbox is a good name for the show. It features a bunch of gutlless chickens sqwaking and flapping their non-flying wings about nothing. A wasted show that should be thrown only chicken feed!
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By short seller on 8/16/2006 7:06 AM
BTW saw these figures in NYT story "The US Bureau of Engraving and Printing prints $696 million a day;
0.01 percent of the $750 billion in circulation is estimated to be counterfeit;
and the estimated life span $1 bill is 18 months. "

0.01 x $750 B = $7.5 million counterfeit dollars

What is the dollar value of counterfeit shares?
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By short seller on 8/16/2006 7:07 AM
BTW saw these figures in NYT story "The US Bureau of Engraving and Printing prints $696 million a day;
0.01 percent of the $750 billion in circulation is estimated to be counterfeit;
and the estimated life span $1 bill is 18 months. "

0.01 x $750 B = $7.5 million counterfeit dollars

What is the dollar value of counterfeit shares?

Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By troydian on 8/16/2006 8:04 AM
bobo,, if you can get a view of mad money w/ cramer, 8 15 06 do so... there is a whopper of a story. if you see it you will see they are desperate..
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By ckza on 8/16/2006 9:03 AM
Ms Foss only scratches the surface of the profiting by these thieves in a falling market. Once again, legal shorting is not a crime.

I do enjoy the references to "cabals," however.

Which cabal is Abbey Joseph Cohen part of? Why is she always looking to the right whilst being interviewed by the media, as if she is receiving signals from some other source of knowledge or power?

She lied her face off, again, this morning by stating that she made the "sell call" at the peak of the Y2k bubble. She remained a stalwart bull through the massive correction while implying the U.S. economy was a "SUPER TANKER," and would recover quickly if one bought the dips.

Unfortunately for Americans though, these pirate "cabals" have raided the "SUPER TANKER" to the extent that the GUTTING of same might never recover gloriously again.

Have the CABAL deliver all the illegal, stolen shares!
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By ckza on 8/16/2006 1:07 PM
Test

Had a post that never made it to the board earlier today surrounding Abbey Joseph Cohen and the Cabal she belongs to.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By Y on 8/18/2006 2:01 AM
Abby Joseph Cohen

http://www.itulip.com/awards.htm
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By Patchie on 8/15/2006 8:06 AM
Bobo,

What I find to be an interesting coincidence, Paul Hanson, who was Aquirre's supervisor quit shortly after Aquirre was terminated. Where did he quickly jump ship to? Debevoise & Plimpton

Now, according to the NY Times article, In their letter to Mr. Cox, Senator Specter and Senator Grassley asked specifically for records of any communications involving Linda Thomsen, the S.E.C.’s enforcement chief, and Mary Jo White, the former federal prosecutor who now works at the law firm of Debevoise & Plimpton.

I wonder if the job at Debevoise & Plimpton was a payoff for Hanson to shut up.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By Paladin on 8/15/2006 8:15 AM
E-mail these Senators to appoint a special prosecutor/investigator!

Specter: http://specter.senate.gov/index.cfm?FuseAction=ContactInfo.Home

Grassley: http://grassley.senate.gov/index.cfm?FuseAction=Contact.Home

**************************
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By rtway1 on 8/15/2006 8:21 AM
Patchie, I would like to see how Mr. Hanson would answer that question under oath as to who made the first phone call in regards to the job and what papers did he destroy or turnover before he left.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By Johnboy on 8/15/2006 8:24 AM
This thing will become public when the Republicans can use it in their own favor.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By rtway1 on 8/15/2006 8:24 AM
I wish Gasparino would do an interview with Specter and Grassley and pose the question of a special counsel.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By bobo on 8/15/2006 8:26 AM
I can't believe that you would intimate that all the fine SEC folks whose value has been recognized by the private sector - more specifically, by private investigation firms and law firms closely alligned with Wall Street's most powerful hedge funds - may have been getting these cushy, double to ten times the money gigs for any reason other than their fine minds and snappy dressing.

How dare you.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By rtway1 on 8/15/2006 8:28 AM
So far Johnboy it looks like the republicans got more bad guys in this debacle than the dems but that can change in a heartbeat. I would love to see how they can spin it positive but I'm sure they are working on it as we speak.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By bobo on 8/15/2006 8:30 AM
Republicans or Democrats, doesn't matter. Two sides of the same coin. Big money is apportioned equally across all the "open for business" parties.

This isn't a partisan issue. It's a corruption issue. Both parties are equally clean.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By browntrout on 8/15/2006 8:35 AM
Don't forget that Mary Jo White's husband took a cush job at the SEC early this year after Aquirre was axed last year. Another case of keeping it all in the "family"?
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By harryofanguslane on 8/15/2006 8:44 AM
There's far too much money at stake. The Congress would have to appoint a "special prosecutor" and, unless someone important jumps off a building, it's not gonna happen.

On the other hand, committees can issue subpoenas. We must hope that there are smart, aggressive and incorruptible staffers working for Grassley and Specter.

Committee hearings that get the truth out in the open are our only hope.

By the way, where's that rough, tough NY Attorney General? Busy fundraising, I'll bet. He probably sent a Brink's truck to The Street.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By gregcable2002 on 8/15/2006 9:00 AM
Seems to me that liying to a senate investigator is illegal.Red flags are waving everywhere now.Time for a special prosecutor.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By hemingway811 on 8/15/2006 9:06 AM
Paladin,

I have sent letters to Hatch, Specter and others at the address you give. Anyone who is not a resident of their respective states will recieve an auto-reply stating they can only respond to their constituents.

I sugggest mailing or faxing a letter to:


United States Senate
Committee on the Judiciary
224 Dirksen Senate Office Building
Washington, DC 20510

Phone: (202) 224-5225
Fax: (202) 224-9102
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By n-tres-ted on 8/15/2006 9:15 AM
Bobo,

I believe the federal statute providing for appointment of a special prosecutor requires the Attorney General to investigate apparent violations of law, but if the AG and/or others there have a conflict of interests then the AG requests appointment of a special prosecutor. That was the basis for appointment of Fitzpatrick in the case of Valerie Plame, the so-called CIA operative. One thing that could be done: Specter could write a letter to the AG asking the Justice Department to investigate the Mack/Morgan Stanley/Pequot/Aguirre affair. Remember Aguirre said he had already provided the results of his investigation to the U. S. Attorney's office before he was fired. Right now, though, Specter has persuaded Shelby to join the team and seems to be running a pretty good investigation himself.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By davidn on 8/15/2006 9:17 AM
How did they get the Pecora Commission going? Remember, there is a precedent to this scam.

http://en.wikipedia.org/wiki/Pecora_Commission

Make sure you contact the foreign press, too. They can make this a Nov. campaign issue if they talk about it loudly enough.

I agree with Bobo - both Democrats and Republicans have taken money from big bad money, so this is a corruption issue, not a partisan one.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By davidn on 8/15/2006 9:20 AM
The best thing you can do is to publicize this scam. Cockroaches don't do well in the light of day.

Pecora wrote: "Bitterly hostile was Wall Street to the enactment of the regulatory legislation." As to disclosure rules, he stated that "Had there been full disclosure of what was being done in furtherance of these schemes, they could not long have survived the fierce light of publicity and criticism. Legal chicanery and pitch darkness were the banker's stoutest allies."
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By bobo on 8/15/2006 9:48 AM
Davidn:

Ain't it funny how the time flies....

There are no new ideas, 73 years later, same predators playing the same games.

But we are supposed to pretend that we've never heard anything so preposterous.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By rtway1 on 8/15/2006 10:49 AM
This would be an ideal time for a third party to get the attention of the public and show there could be an alternative to these two packs of crooks. If the third party had a strong leader with some real answers and also exposed this scam and to show to the public the magnitude of this operation and also use the Pecora story as proof that this can and is happening by drawing parallels and explaining the counterfeiting issue as the same as painting the tape. We need a third party now.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By lynetta32233 on 8/15/2006 11:43 AM
How about Lieberman? Isn't he looking for an issue to run on as an Independent?
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By rtway1 on 8/15/2006 12:02 PM
You know lynetta I think that is an excellent idea. I wonder if he is aware of the problems at the SEC.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By davidn on 8/15/2006 12:04 PM
No new ideas...

http://nysedata.com/nysedata/asp/factbook/viewer_edition.asp?mode=table&key=2169&category=4

Feb. 1, 1832 Buying in for non-delivery authorized.


Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By davidn on 8/15/2006 12:40 PM
This would have got rid of x-clearing. All trades would have been transparent.

http://www.computerworld.com/news/2000/story/0,11280,41587,00.html
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By piddly_sum on 8/15/2006 12:46 PM
The smart move for Cox right now is to give the AG a call and ask for help. Will look better for him to be involved then having the special prosecutor appointed by the Congress.

Then again, it will interfere with the job he was hired to do.
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By davidn on 8/15/2006 12:59 PM
A good read.

"Almost every investor or trader trusts the stock market and thinks that the stock market is a legitimate market that is regulated by the government. IN REALITY THE GOVERNMENT IS CONTROLLED BY WALL STREET and the stock market is a crooked gambling casino designed to steal people's money."

http://sandiego.indymedia.org/en/2002/07/1943.shtml
Re: SEC Cover-up In Aguirre Case Hits NY Times - Senators Not Buying Whitewash By davidn on 8/15/2006 1:16 PM
http://www.cfoss.com/wall.html

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