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SEC Letting Big Banks Skirt Fraud Penalties

'New York Times' analysis finds 350 instances of banks getting free passes

By Kevin Spak,  Newser Staff

Posted Feb 3, 2012 7:13 AM CST

(Newser) – The Securities and Exchange Commission has repeatedly allowed Wall Street's biggest banks to avoid penalties specifically intended to punish and deter fraud, a New York Times analysis of SEC records reveals. Over the past decade, the SEC has on almost 350 occasions granted waivers exempting big financial companies from sanctions, allowing banks like Goldman Sachs and JP Morgan to continue to enjoy advantages, like protection from shareholder lawsuits, that are supposed to be reserved for the most dependable companies.

Close to half of those waivers went to repeat offenders who had settled previous cases for the same fraud by promising never to do it again. JPMorgan Chase, for example, has settled six fraud cases over the past 13 years, but has received 22 waivers by arguing that it has "a strong record of compliance with securities law." But the SEC argues that the analysis ignores the waivers that haven't been awarded. "The companies don't ask when they know the answer will be no," one official said.

A woman walks past the bronze bull statue near Wall Street in lower Manhattan January 26, 2011 in New York City.
A woman walks past the bronze bull statue near Wall Street in lower Manhattan January 26, 2011 in New York City.   (Getty Images)
A Wall Street sign points the way in lower Manhattan September 16, 2001 in New York City.
A Wall Street sign points the way in lower Manhattan September 16, 2001 in New York City.   (Getty Images)
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COMMENTS
Showing 3 of 18 comments
NoddaAndYou
Feb 4, 2012 10:12 AM CST
So their argument is, "Well, we didn't do it ALL the time". Great, guys, just fucking great.
fractal
Feb 3, 2012 3:46 PM CST
Fox in the henhouse.  Time to jail the SEC, and start over.
LoginsSuck
Feb 3, 2012 1:31 PM CST
 Wall Street Motto: It's better to ask forgiveness than permission and it's better to pay the fine and hope you don't get caught than forgo the profit.
 

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