Stephen Foley: Shocking tale of the cowed regulators
Latest in Business Comment
On Facebook
US Outlook: We still await publication of the full in-house investigation by the Securities and Exchange Commission into the agency's failure to spot that Bernard Madoff was running a $65bn (£40bn) Ponzi scheme under their very nose. But even the executive summary is breathtaking stuff.
The catalogue of incompetence is not the surprise. The agency has long seemed content to train an army of paper-pushing solicitors, interested only in box-ticking "compliance", when they should in fact be training staff to be dogged private detectives.
The most shocking revelation is how staff are in thrall to the dazzling brilliance of Wall Street, or cowed by the power of its main players. So often they took Madoff's word at face value. They dismissed Harry Markopolos, the sleuth who called Madoff a Ponzi scheme back in 2005, as a nut, because he was not a Wall Street insider.
A senior executive in Washington told junior members of the investigative team in New York to remember that Madoff was "a very well-connected, powerful person". Madoff spent so much of his time when inspectors were around namedropping their seniors precisely because he assumed it would be effective.
There are powerful echoes of the complaint that the SEC examiner Gary Aguirre made last year, when he said he had been told to lay off his investigation of Pequot Capital and its well-connected boss Art Samberg. He was sacked. Only now do Pequot and Mr Samberg now look likely to be charged.
The SEC says it is overhauling its training and beefing up its powers of subpoena following the Madoff case. The inspector-general's report suggests it will be a long process. If ever there is a dossier that proves regulatory capture, it is this.
- 1 Lightning kills an entire football team
- 2 Fear for deported Saudi 'ridiculous', says Malaysian home minister
- 3 Eight arrests as Murdoch 'throws staff to the wolves'
- 4 Israel blames Iran for embassy bomb attacks
- 5 Now The Sun tries to call in its favours from Downing Street
- 6 I was born to be a killer. Every night I see the Devil in my dreams
- 7 BBC to issue global apology for documentaries that broke rules
- 1 Kate Allen: It's time for America to put an end to this shameful scandal
- 2 Spotify: 1 million plays, £108 return
- 3 Chemotherapy is 'safe during pregnancy'
- 4 Rhodri Marsden: What we like and what we don't like are often closer than you'd think
- 5 BBC to issue global apology for documentaries that broke rules
- 6 Lightning kills an entire football team
- 7 I was born to be a killer. Every night I see the Devil in my dreams
- 8 Henry does it his way, ending on a high note
- 9 Modern lovers: The 'sexual body warriors' and pioneers transforming 21st-century relationships
- 10 Redknapp hints at same old faces for England
Free trial of new Independent iPad app
Get your daily dose of the best of British journalism, sponsored by American Airlines
Win a three-week coastal jaunt
Spend three weeks exploring every nook and cranny of gorgeous Atlantic Canada.
Amazing restaurant offers
Three glasses of free champagne and a special menu at 46 top London restaurants.
Latest Independent competitions
Win anything from gadgets to five-star holidays on our competitions and offers page.
Commercial thought leaders
Watch the best in the business world give their insights into the world of business.
Career Services
Day In a Page
Apple admits it has a human rights problem
James Lawton: AVB looks all at sea
Procrastination: Not now – I'm busy
Silent revolution at the Baftas
The diva who had – and lost – it all




Comments