SEC inspector general probes regulator’s potential conflict of interest over Madoff fraud
Washington, DC, United States (AHN) – U.S. Securities and Exchange Commission Inspector General H. David Kotz initiated over the weekend a probe into the regulator because of potential conflicts of interest in the latter’s investigation of the Bernard Madoff Ponzi scheme.
Kotz cited the recent lawsuit brought by Madoff trustee Irving Picard against SEC general counsel David Becker, whose deceased mother left Becker and his brothers a $2 million inheritance in a Madoff account several years before the discovery of the hedge fund’s scheme. When Becker liquidated the money, he was not connected with SEC, but rejoined the agency in 2009 and resigned again last week.
Kotz’s investigation comes a day after Rep. Darrell Issa, chairman of the House Oversight and Government Reform Committee, and Sen. Charles Grassley, member of the Senate Judiciary Committee, said that SEC Chair Mary Schapiro allowed Becker to represent the agency on Madoff issues without a full proper examination of his financial interests in the case.
The house committee’s lawyer said legislators are determining if a criminal laws were violated by Becker because of a prohibition for federal officers from participating in proceedings where they have a financial interest.
The legislators also demanded that Schapiro explain why an SEC ethics official advised Becker that the general counsel did not have to recuse himself from matters involving Madoff.
Before he resigned from the SEC, Becker wrote to the House Republicans that he informed Schapiro of his inheritance and handled the Madoff case on advise of the ethics counsel. Becker helped craft the SEC’s position on how much money investors should be entitled to recover in the Madoff scheme under the clawback lawsuits filed by Picard.
Many investors want the full, bogus amount based on their last account statements, but the SEC sided with Picard that investors’ claim should be limited to what they put in, less what they withdrew. But the SEC favored an inflation adjustment on money deposited with Madoff, which the trustee disagreed with.
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