SEC Actions During Turmoil in Credit Markets
"Today, we are continuing to build on that essential premise: that
investors have a right to know the truth — and the risks — about the
securities that trade in our public markets. Never in this agency's
history has this fundamental mission been more relevant, and more urgent.
The current credit crisis has shown the importance of transparency to a
healthy marketplace — and how costly hidden risk can be."
SEC Chairman Christopher Cox
Opening
Remarks at SEC Roundtable 10/8/08
The mission of the Securities and Exchange Commission is to protect
investors, maintain fair, orderly, and efficient markets, and facilitate
capital formation.
During the current turmoil in the credit markets, the SEC has worked
closely with the Department of the Treasury, the Federal Reserve, and
other regulators in the U.S. and around the world to protect investors and
the markets.
The SEC administers the federal securities laws, requires disclosure by
public companies, and brings enforcement actions against securities law
violators.
While other federal and state agencies are legally responsible for
regulating mortgage lending and the credit markets, the SEC has taken the
following decisive actions to address the extraordinary challenges caused
by the current credit crisis:
- Undertaken sweeping
enforcement measures against market manipulation.
- Adopted a package of measures to strengthen
investor protections against naked short selling, including rules
requiring a hard T+3 close-out, eliminating the options market maker
exception of Regulation SHO and expressly targeting fraud in short
selling transactions.
- Issued an
emergency order to enhance protections against naked short selling
in the securities of primary dealers, Fannie Mae, and Freddie Mac.
- In close coordination with regulators around the world, took temporary
emergency action to ban short selling in financial securities.
- Announced emergency plans for a rule to ensure public
disclosure of short selling positions of hedge funds and other
institutional money managers.
- Began a study on
mark-to-market accounting standards.
- The Division of Corporation Finance has asked financial institutions
to provide
additional disclosure regarding off-balance sheet arrangements and
the application of fair value to financial instruments.
- The Office of Chief Accountant in coordination with FASB staff
issued additional guidance to
clarify issues regarding fair value accounting.
- Provided
guidance to banks about how to account for credit support of money
market funds.
- Written rules to strengthen the
regulation of credit rating agencies, and performed
examinations that have led to new rules to reduce rating agency
conflicts-of-interest.
- Enforcement Division announced what will be the largest settlements
in the history of the SEC for investors who bought auction rate
securities from Citigroup, UBS, Wachovia, Merrill
Lynch, RBS
Capital Markets Corp., and Bank of
America.
- Brought a landmark enforcement action against a trader
who spread false rumors designed to drive down the price of stock.
- Initiated exams of the effectiveness of broker-dealers' controls to
prevent the spread of false information intended to manipulate
securities prices.
- Entered into a Memorandum of
Understanding with the Federal Reserve, to make sure key federal
financial regulators share information and coordinate regulatory
activities in important areas of common interest.
- Continues to look at lessons from the credit crisis and determine
ways to
give investors more transparent, useful, and timely information.
- SEC Chairman Christopher Cox has asked
Congress to provide the statutory authority necessary for government
oversight of the $58 trillion credit default swaps market.
http://www.sec.gov/news/press/sec-actions.htm