States and Banks Beware: The SEC is Coming (sort of)
An important securities law story went underreported last week: The SEC ordered the State of New Jersey to cease and desist fraudulent activities related to the funding of its state pension plans. This marked the first time the SEC had initiated a securities-fraud case against a state. The New York Times reported that from 2001 to 2007 New Jersey claimed in filings with the SEC to have set aside funds in a “benefit enhancement fund” in order to pay for new benefits for teachers and general state employees.
In reality, the fund was a simple accounting trick – there was no money and no fund. The SEC did not impose monetary damages or penalties on the New Jersey government or any of the officials associated with the fraud. Moreover, the SEC failed to act at all against the investment bankers who underwrote and managed the fund. Hmmmmm? While the SEC’s effort to protect the pension funds of state employees is surely admirable, why give the underwriters and bankers a free pass? Enforcement efforts must have some teeth to them. Name names and impose penalties that will hurt. If not, pension assets will remain at risk.
Assisted by Zach Kady
Steven N. Berk has over twenty years of litigation experience spanning both the private and public sectors. His practice ranges from representing Fortune 500 Companies, to consumers. Steven is based in Washington, D.C. and founded Berk Law in May 2009....
