The Pequot Capital-Heller Financial-SEC Investigation

Although the SEC has subsequently reinvestigated and cleared Pequot Capital and Morgan Stanley chief John Mack in connection with Pequot’s acquisition of a large state in Heller Financial in the weeks leading up its acquisition by GE, questions still linger over allegations that the initial investigation was quashed when the lead investigator sought to subpoena Mack. Now two Senate investigations are underway to determine whether the SEC failed to thoroughly conduct the initial investigation and whether politics played a role in that failure.

On Sunday the New York Times ran a story based on files the canned SEC investigator, Gary Aguirre, had turned over to Senate investigators. The evidence seems pretty damning.


The file shows that after Mr. Aguirre was blocked from questioning Mr. Mack about the Heller deal, Mr. Hanson, the S.E.C. branch chief, acknowledged in e-mail messages that he had discussed Mr. Mack’s “political clout” and the “juice” of his lawyers with officials at the commission.

In an exchange of e-mails in the summer of 2005, Mr. Hanson said that he had merely been trying to “alert folks above me,” and that politics did not influence S.E.C. decisions. Mr. Aguirre replied: “Bob, this is spin. You told me it would be tough to take Mack’s testimony because he has political clout.”

Ironically, these allegations of political corruption at the SEC are being substantiated at the same time lawmakers are considering giving the SEC more clout over hedge funds. This summer a federal court struck down regulations requiring hedge fund managers to register with the SEC and permit investigators to examine their books.

But if the SEC has trouble engaging in its core functions—investigating things like insider trading—does it really make sense to give the agency an even broader scope of authority?

S.E.C. Inquiry on Hedge Fund Draws Scrutiny

Comments

1

Posted by Dover , Oct 23, 2006 11:02AM

Why does dealbreaker use fake story times? This went up after 10:15, yet says 9:33. Do you think that people don't notice? It's not exactly honest. You guys do it all the time.

2

Posted by John Carney , Oct 23, 2006 11:15AM

Nothing nefarious here, Dover. The time is stamped on when the entry is initially saved to our system but it doesn't appear until after it is published to the blog, which is sometimes after a few corrections have been made. We typically try to update the time stamps and will do a better job in the future. Sorry for the confusion.

3

Posted by Newport Beach Hedgie , Oct 23, 2006 11:57AM

Who's regulating the regulators???

4

Posted by fintag , Oct 25, 2006 4:58PM

The regulators should be looking at the overselling of cheap debt and credit cards, the secret practices of the Mutual Funds like side letters and softing and finally the largest money lauderers of them all, the private equity houses. Hedge Funds are easy targets because they are secretative and are full of multi millionaires or crooks.

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