Funny Bunny
Looking for something a little lighter?
Catch Bob's more irreverent and amusing pieces in his Funny Bunny Blog.

Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice

Location: Blogs Bob O'Brien's Sanity Check Blog    
Posted by:   bobo 1/31/2007 9:47 PM

-----------------

Sign the Market Reform Petition Now!: View it here. Over 3000 folks already have. Make your voice heard.

To view the SIA NYSE member firm spreadsheet showing $63 billion in delivery and receipt failures as of Q2, 2006, click here.

Visit the new "SEC/Gary Aguirre Cover-Up" section of this site for a compilation of Mr. Aguirre's efforts to expose the SEC's alleged obstruction of justice and whitewashing of insider trading by some of the biggest names on Wall Street.

-----------------

Followers of this blog will experience absolutely no surprise when they read the following article, in which Senators Grassley and Specter basically say that the SEC appears to be a den of lying, thieving pit vipers more interested in running interference and covering-up Wall Street felonious activity than in doing its job to protect investors.

In fact, most thinking upright bipeds came to that conclusion years ago when they understood the import of Reg SHO's grandfathering provision, or saw the SEC's Christopher Cox kibosh the subpoenas into the activities of some connected journalists, or allow the two year stock manipulation in cases like NFI and OSTK.

But it is always nice to see the mainstream press figure it out, albeit years late. And buried as far back as it can be buried.

This article about says it all.

My favorite takeaway:

"...extraordinarily lax enforcement by the SEC and ... may even indicate a cover-up by the SEC," Specter said. The SEC's handling of the matter, including a review of the attorney's allegations by the agency's inspector general, "has all of the earmarks of the obstruction of justice," he said."

Wow. Not much to quibble with there. The nation's top securities cop is basically either so incompetent that it can't police a subway turnstile, or so crooked that it makes 1920's Chicago look like a priory.

Is that bad? The country's securities regulator appears to be involved in a COVER-UP (hmmmm, which blog has been using that term to describe the SEC's actions since day one?) and seems to be obstructing justice rather than punishing wrongdoing?

"All the earmarks of obstruction of justice."

Is that like the local sheriff being caught dead drunk and covered with blood, wielding a knife over the body of a butchered victim, screaming, "Die Die Die!!!" has all the earmarks of a suspicious death?

How bad does this have to get before a special prosecutor is named, and the self-protection engine at the SEC is exposed for what it is? Or are they going to allow the agency whose latest investigation has resulted in an apparent cover-up, pretend to investigate its handling of that cover-up, in the hopes that this time it won't have all the earmarks of obstructing justice?

Folks, the NY press is busy arguing for less regulation, pretending that the reason Wall Street is losing business faster than a Hummer burns premium is due to too much restrictive regulation, rather than because its cops' actions are confirmation that crime pays handsomely, to anyone with a working cerebral cortex.

Jim Cramer basically wipes his backside with an SEC subpoena, understanding that it is about as serious as kleenex because the Commission is bought and paid for, and yet we are supposed to keep investing in the market so the hedge funds who prowl the markets like bucaneers can mug and rob us with brazen impunity, fearless of retribution of any sort.

This is nuts.

How long does this have to go on, and how obvious does it have to be, before even a Wall-Street financed Congress figures it out, and brings in adult supervision to clean up the cesspool?

Maybe the SEC can "study Congress' conclusions" for a year or two, as they have with the evidence of blatant thievery from naked shorting, while they do nothing and allow investors to be brutalized out of everything? That seems to be popular there. Do nothing while holding the door of the getaway car. And if you need to engage in a little Watergate-style cover-up and obstruction of justice, hey, why not?

I have been writing fewer blogs over the last few weeks because I am basically sickened by the blatant corruption evidenced in every move of the regulators and the market. I feel like I have said it all. Over and over. There isn't much left to say. "Look, another investor having his life savings stolen, while the country loses another business, so some pencil-necked miscreant on Wall Street can update his G-5 interior!" What more needs to be said?

And the media pretends that it isn't happening. None of it. Soviet Russia would have been green with envy over the mind control and media lock-down on the truth in play here. It is really the triumph of capitalism that our media can be more censored than a dictatorship. And yet, try reading anything about this. Or about the SIA spreadsheet showing countless billions FTD and FTR. Or the massive ongoing manipulations by a handful of well known hedge funds and prime brokers in stocks that have been on the SHO list for years.

Why is that? From the article:

"These findings paint a picture of a troubled agency that faces serious questions about public confidence, the integrity of its investigations" and its ability to protect investors large and small evenhandedly, Grassley said. The SEC "circled the wagons and it shot a whistle-blower," he said."

That is political-speak for, "They are a bunch of crooked rat bastards incapable of performing their job."

Time for a special prosecutor, just as in 1933, when the Pecora hearings resulted in the creation of the SEC. Fitting that a special prosecutor should be called in to dismantle the agency, and prosecute the miscreants there who believe themselves to be above the rule of law.

Get the emails cranked up. It's time.

Copyright ©2007 Bob O'Brien
Permalink  |  Trackback
Comments (37)
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By Catfish on 1/31/2007 11:01 PM
Tally ho.

Here's a list of Congress critters, some of which may be useful in the email surge:

http://www.sourcewatch.org/index.php?title=110th_Congress

And another which has fax numbers for almost everyone from Govorner on up, but may not be quite up to date as of the latest turnover (I haven't had time to verify much of this list):

http://www.conservativeusa.org/mega-cong.htm

Soldier on.
3 YEARS JAIL TIME.. By LONG_OSTK on 2/1/2007 5:12 AM
bobo, did you see this yet?

NEW YORK, Jan 30 (Reuters) - Hedge fund manager Scott Sacane, who earlier pleaded guilty to one count of securities law violations, was sentenced on Tuesday to three years in federal prison by a federal judge in Connecticut.

Sacane, 40, who managed Durus Capital Management LLC and related funds, admitted to a stock manipulation scheme involving two biotechnology stocks, Esperion Therapeutics, Inc. and Aksys, Ltd., between 2002 and 2003, according to court documents.

Sacane, of Westport, Conn., concealed "massive purchases" of stock in the two companies, failed to make requisite regulatory filings and made false statements to "prevent others from selling the stock," according to court papers.

Sacane's holdings through his funds were later disclosed in regulatory filing in July 2003, which stated that Durus had "inadvertently" acquired about 33 percent of Esperion and nearly 80 percent of Aksys.

However, the court said Sacane admitted that he engaged in "fraud and deceit" to investors "by dominating and controlling the market" for the two stocks.

U.S. District Judge Alan Nevas in Bridgeport, who sentenced Sacane, scheduled hearings on April 4 and April 5 to determine what restitution Sacane should pay.

In March 2006, J. Douglas Schmidt, who previously worked at Durus, was sentenced to one year's probation and a $10,000 fine for his role in helping the firm file false documents.

"This prosecution and the term of imprisonment imposed today should send a strong message to hedge fund managers," said U.S. Attorney Kevin O'Connor of the District of Connecticut in a statement.

Nasdaq said today it delisted Aksys stock, according to a statement. Esperion is now part of Pfizer Inc.


© Reuters 2007. All Rights Reserved

Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By InTheKnow on 2/2/2007 4:24 AM
EZ-Passport

http://www.cardtechnology.com/article.html?id=20070125ISNLSMQW
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By Washington Invests on 2/2/2007 5:07 AM
FEBRUARY 12, 2007
Carlyle Changes Its Stripes

http://www.businessweek.com/magazine/content/07_07/b4021001.htm?campaign_id=rss_daily
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By antny@singsing on 2/2/2007 5:40 AM
clearthinker, If only it were that ridiculous. They know EXACTLY what these issues are and how big they are. can someone clarify Rule 3210 for me? I've read it over and over. says SHO is extended to ALL OTC securities. There are HUNDREDS of bb/pink sheet stocks on the threshold list. The NASDAQ is getting the fail info from the DTCC. Then how can the DTCC deny the info to a company? or deny it's existence all together?
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By business "news" spin on 2/2/2007 6:37 AM
former SEC chair levitt was interviewed on bloomberg tv this am. i was getting ready for work, so i just caught background. asked about john mack & Sens spector & grassley inquiries. replied that memo about being careful on mack investigatn really meant they should go after well-known personalities cuz SEC wants to be so diligent. yeah right! so where does that leave aguirre. let's hear from him on "the business news"
then they remarked on surprise that repub senators would go after this! levitt said someting about SEC investors must be "elegant" in their style!!!
of course, praised cox.
what didly squat passes as business news. at least bloomberg refered to existence of congress investigation.
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By troydian on 2/2/2007 7:05 AM
http://www.worldreports.org/news/47_investigators,_cia_
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By InTheKnow on 2/2/2007 7:42 AM
Dr.Faessel@onthemar.com

Breakout Stock of the Day:

Jag Media Holdings Inc. (JAGH) $0.46 Pinksheets

Market-cap $20 million



An update on: DO MORE SHARES EXIST - THAN EXIST?



The quick version is that there are 43 million shares outstanding and the short position is thought to be 300 or 400 million shares.



The old saying that: “The wheels of justice grind slowly” is never more true than when looking at the Jag Media story. Wow, what a slog. The Jag story continues to gain traction ever so slowly. It appears that - legislation, SEC investigations, Federal oversight, lawsuits and major media press are finally and inexorably resulting in some type of finality. Recently there has been a new aspect of the story that has fired new interest in the short squeeze potential – that being the Cryptometrics pending merger with Jag Media.



I’m a 13-year JagNote commentator and watcher of the Jag scene I have to hand it to the Jags. They have been dogged and basically wouldn’t roll over in the face of significant Wall Street interests. They are to be congratulated. They have continually broken new legal ground going against big entrenched Wall Street institutions like the Major Clearing Agents, Market Makers, Brokerage firms, The Investment Dealers Association of Canada, even the sacrosanct US Depository Trust Company [DTC] - all of whom, however unwitting, are on the hook for being involved in the breakdown of the US Settlement and Delivery system.



What happens here is that market manipulators can illegally sell - without any up-tick an unlimited number of ‘un-borrowed’ shares - driving the price down to oblivion - thereby creating more shares that legally exist. This exponentially and illegitimately increases dilution and the size of the float for these unsuspecting companies and their investors. Massive illegally manufactured and unsettled naked short positions orchestrated in off-shore accounts are yet to be closed out. Sources say the liability and Dollar potential, although unknown, is thought to be in the multi billions as regulators and investigators slowly discover and unveil the cloak of secrecy.



It’s said that the implicated bad boys are offshore hedge funds, working in concert with a network of specific US Market Markers who continue to slaughter these small companies looking for a life line.



What all this does for the JagNote stock (JAGH) $0.46 is unknown but the bulls think that the supposedly untold millions of unsettled shares will have to be bought in - driving the price into the ethers. Jag’s lead attorneys are the mighty O'Quinn, Laminack and Pirtle, who won the largest settlement in history in the prosecution of tobacco companies. In a Forbes article sometime back John O'Quinn, Esq., was quoted “this is bigger than the tobacco settlements.”



Or, another possibility is that the lawsuits will pay off as the industry is hung out there in a massive fraud action due to their inability to settle trades in the legal T+3 time period versus what they have been doing by creating their own settlement process with "failure to receive and send" accounts. Damages to Jags and the other small companies could total into the billions.
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By OSTK VS PRIME BROKERS on 2/2/2007 1:29 PM
Patrick just dropped the legal bomb on the Big Boys in Cali, 420 est PR....
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By oh my! on 2/2/2007 1:47 PM
OOOOOOOOOOOOh my.
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By RJCogburn64 on 2/3/2007 4:07 PM
Called my Senator, Sununu, office yesterday am, spoke to somebody and repeated Specter's statement about obstruction of justice.

I asked, since Senator Sununu is on the Banking Committee which should have jurisdiction over SEC, why this had fallen to Judiciary and what Senator Sununu thought of all this and what he intened to do.

I was promised a prompt answer.

We'll see......
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By regulations discussion on 2/5/2007 7:19 AM
the anti-regulations spin is very powerful with claims sarbox is too expensive & cumbersome for many corporations esp. small ones. it's 1 big claim from u.s markets that we are losing market share to other nation's trading exchanges who dont demand such expensive regulations.
2 questions...
1. does our european competition have as much worker savings tied up in 401k type vehicles that are totally subject to market forces or do they put some pension guaranty return on them? i'm asking cuz why wouldnt european workers also be as concerned about adequate regulatory oversite of their money in all market trades

2. shouldnt the force of oversite be accorded to type of trades. if a corporation is actively or passively involved in complex "sophisticated" opaque trading like credit derivatives, swaps, hedging, etc., then adequate accurate auditing probably needs complex investigation.
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By DrSandy on 2/7/2007 5:05 PM
Yeah Clearthinker. They also think that printing too much money doesn't affect the value of the dollar.
Milberg gonna go down.... By LONG_OSTK on 2/1/2007 6:00 AM
Plaintiff Says He Conspired With Milberg
By NATHAN KOPPEL
February 1, 2007; Page B9

A Connecticut man agreed to plead guilty to conspiring with the law firm Milberg Weiss & Bershad LLP and several of its partners to obstruct justice and make false statements in class action lawsuits it handled.

Under the agreement filed in federal court in Los Angeles, Steven G. Cooperman, 64 years old, will admit he received payments from Milberg Weiss to serve as lead plaintiff in numerous class actions filed on behalf of shareholders against publicly traded companies.

In May, the firm -- with principal offices in New York and an office in Los Angeles -- was indicted on fraud charges for allegedly paying illegal kickbacks to lead plaintiffs in class-action lawsuits. Representatives of the firm have denied wrongdoing.

According to a release issued by the U.S. attorney's office in Los Angeles, Mr. Cooperman and several relatives and associates served as named plaintiffs in about 70 class actions and shareholder-derivative actions brought by Milberg Weiss from 1988 to 2003. According to court documents signed by the prosecutor and Mr. Cooperman, Milberg Weiss got more than $133 million in lawyers fees as a result of these lawsuits and "secretly" paid Mr. Cooperman more than $6.4 million in kickback payments.

According to the government, Mr. Cooperman has in the past cooperated with prosecutors on this matter. But prosecutors say Mr. Cooperman allegedly committed "additional crimes" while serving a prison sentence for insurance fraud that violated terms of his earlier agreement. "He committed some acts that revealed a lack of judgment while in prison," says Russell Gioiella, Mr. Cooperman's lawyer. "Because of those errors, the government revoked the plea agreement."

William Taylor III, a lawyer representing Milberg Weiss, called Mr. Cooperman's statements about the firm "not new," stating: "They have never been credible, and they are no more so today."

Write to Nathan Koppel at nathan.koppel@wsj.com
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By Paul on 2/1/2007 6:06 AM
BoBo

We need you on that wall.

Paul
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By Bobo, hang tough on 2/1/2007 6:27 AM
Hang tough guy. In the long run your efforts will prove you are on the right side of these issues. Sadly, that may only be realized in hindsight decades from now when millions have lost their savings and start searching the net for answers. When that time comes you can sit up and proudly crow, "I told you so."
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By bill on 2/1/2007 6:33 AM
please post a link to the interim report due out today
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By bobo on 2/1/2007 7:04 AM
I don't have a link for the interim report, but imagine someone will post it here whenever it makes it out.
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By troydian on 2/1/2007 7:08 AM
How on earth did we end up in this mess? http://www.apfn.org/apfn/reserve.htm
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By clearthinker on 2/1/2007 7:12 AM
the question now is....let's say the interim report is highly negative...can we count on the news media to carry the story that SEC may have been involved on a coverup to protect a highly connected private person? Guess we'll find out soon....
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By troydian on 2/1/2007 8:03 AM
http://www.fiatempire.com/
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By Make Your Letters Count on 2/1/2007 8:35 AM
Skip the SEC and go straight to the DOJ.
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By piddly_sum on 2/1/2007 8:40 AM
What I think really speaks to the high level of corruption/co-option is that the Democrats, media and others that are so anti-Bush haven't jumped on the fact that Mack, who has close ties to Bush, was given a get out of jail free card by the SEC. Any other venue and they are jumping all over such a story.

And just what was the Secret Service thinking, letting the POTUS mingle around with all those criminals on Wall Street yesterday???
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By sealman29 on 2/1/2007 9:02 AM
Thanks Bobo.
IMHO, we need to cultivate stronger relationships with business journalists who write on our behalf (on behalf of Joe Sixpack). How about a follow up letter with hard evidence on the NSS/FTD issue being sent to Marcy Gordon, AP Business Writer. Maybe she could be a louder voice in the mass media who is on our side?
FWIW, any journalist who writes about WS/SEC problems or mis-behavior should be on our list of "friendlies" and be directed to thesanitycheck.com blog as a source of FACTS. How about including a list of these journalists with email adresses on this blog site. We should also send them links to SHO comment letters and/or copies of select SHO letters and any letters posters have sent to the SEC and congress demanding action and enforcement of the law. Knowledge is Power!
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By Sean on 2/1/2007 9:06 AM
I hate to say this but based on the SJC hearings in Dec 2006 with Gary Aguirre I believe the DOJ is also comprimised.... so where do we go from here?
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By cynabear on 2/1/2007 9:40 AM
Agree with you Sean...the only way left is to sue the SEC directly......let a court decided if america can have a trustworthy marketplce with a non corupt regulator or not.........
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By smuopr8r on 2/1/2007 10:10 AM
The weapons of war: knives, pistols, rifles, machine guns, grenades, mines, mortars, rocket launchers, artillery, bombs, tanks, ships, planes, chemical weapons, biological weapons, "tactical nukes", and ICBMs with multiple megaton warheads.

Each progressively more lethal.

Weapons in white-collar crime fighting: individual knowledge of the truth, internet chat rooms, blogs, emails to leaders, published media articles, books, television appearances/exposes, hand-delivered letters to leaders, lawyers (that matter), lawsuits, local law enforcement actions, state law enforcement actions, federal law enforcement actions, Congressional inquiries, local legislation, state regulatory changes, state legislation, federal regulatory changes, federal legislative changes, the popular vote, judicial injunctions, criminal indictments, jail sentences.

I know the precedence of effectiveness is debatable, but you get the point. While your blog doesn't serve as much of a deterrent just on its own, it is one of the most fundamental weapons in this fight, because with each entry, more and more is known and available to support the escalation and deployment of more effective actions. I'm sure the battles grow tiresome, and the war of attrition can seem futile, but based on the comments on the floor of the Senate (which I'd characterize as one of the more significant weapons, wielded by some of the more powerful leaders, in this war), it obviously has not been in vain. Please keep your blog deployed, and engaged in each battle, because its persistence, along with the rest of the weapons in the campaign, will ultimately inspire the changes necessary to win the war and maintain the peace.

Thank you for all you've done and continue to do. The truth shall reign supreme.
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By rtway1 on 2/1/2007 10:15 AM
For what its worth I called the Consumers Union who publishes the Consumers Report and they seemed responsive. The person I talked to was unaware of anything that I reported to him. I directed him to this web site. Their Washington D. C. # is 914-378-2740. Squeaking wheel gets the grease.
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By virakiller on 2/1/2007 10:57 AM
hey rtway1 thak you buddy I just called above number gave her this site, cox number and my number and ask her to please help the people of America
DEFEND itself against these terrorists. She said she was gonna contact her writers
to go to this site and investigate
Squeaking wheel needs to squeak more people please call that number all day long
these financial terrorists MUST be shaking in their boots
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By Who Will Save America on 2/1/2007 11:28 AM
2006 Personal Savings Drop to 74-Yr. Low

http://apnews.myway.com/article/20070201/D8N0V3C00.html
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By InTheKnow on 2/1/2007 2:40 PM
A recommendation

http://wallstreet7.com/
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By antny@singsing on 2/1/2007 3:20 PM
I had an SEC investigator call me after several inquiries into a stock. Mr Jack Hardy. In a nutshell "mm's do not manipulate stocks" "there is no such thing as naked shorting" "the stock will go back up if fundamentals warrant" "who is Anthony Elgindy?".
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By oldfeller on 2/1/2007 3:34 PM
Emails are on the way. They can ignore us but they can`t shut us up.
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By clearthinker on 2/1/2007 4:46 PM
I have had conversations with some SEC staffers over the years that are equally remarkable. I have heard them insist that naked short selling does not have an impact on the price of a stock. I have made it as clear as a bell that when selling volume overwhlems price, that the price drops.....they didn't "get it"....When pushed, they will then say "there's nothing wrong with short selling"....

t is hard to imagine that THIS agency does not understand these issues.....There is something almost StepFordish about it....
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By bobo on 2/1/2007 5:02 PM
Clearthinker: You hit it on the head. It is the same way the Feds acted when the S&L debacle was robbing the nation of hundreds of billions. A studied pretention to not comprehend what is clear to everyone else - called ignoring the rhino in the room.

When regulators do this they are compromised, and there is nobody guarding us from the worst our society has unleashed.

That is what you are seeing now.
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By Goldy on 2/1/2007 5:15 PM
Please repeat your comments here

http://www.investorshub.com/boards/board.asp?board_id=7537
Re: Senators Say SEC Likely Involved in Cover-Up, Obstructing Justice By Paladin on 2/1/2007 9:18 PM

Interim report released..... Feb. 2 NY Times story about it.

http://www.nytimes.com/2007/02/02/business/02hedge.html?_r=1&ref=business&oref=slogin

Here's one tidbit:

"John J. Nester, a spokesman for the S.E.C., said in a statement that because the matter was under review by other federal entities, which he did not name, the commission would have no comment."

***************************

Your name:
Title:
Comment:
Please limit your comments to 500 characters. For longer comments, use our forums.
Subscribe via Email
Get This Blog via Email:


Powered by Squeet.com
Sanity Check Archive
Resources
Copyright © 2006 The Sanity Check   |  Privacy Statement  |  Terms Of Use