Governance News from Manifest - ISSN 1745 - 1132

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Standards & Guidance

SEC refutes Pequot allegations
 

Senior officials of the US Securities and Exchange Commission (SEC) have defended the regulator’s investigation of Pequot Capital Management and denied allegations that Gary Aguirre, a former employee of the agency, was hindered in his attempts to interview John Mack, chief executive of Morgan Stanley.

 

Speaking before the Senate judiciary committee last month, Mark Kreitman, assistant director of the SEC division of enforcement, said Aguirre had been unable to accept supervision and treated colleagues with “disrespect bordering on contempt”. Kreitman characterised Aguirre’s investigation of allegations that Mack passed on insider information to Pequot as, “poorly thought out, disorganised, and sloppily documented”.

 

Kreitman denied the SEC had attempted to prevent Mack being interviewed, but said that Aguirre had wanted to subpoena Mack before developing evidence as to whether the Morgan Stanley chief executive had had access to non-public information. When his superiors pointed out that such a course would be fruitless, Aguirre took it as evidence of a “widespread conspiracy to thwart him,” said Kreitman.

 

Links

Securities and Exchange Commission

Pequot Capital Management

Senate Judiciary Committee

 

January, 2007

   

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