To: Glenn Petersen who wrote (2531 ) 10/26/2002 8:52:25 AM From: stockman_scott Read Replies (1) | Respond to of 3602 Judge Webster, Miscast Lead Editorial The New York Times October 26, 2002 So much for the idea that the fight to restore investor confidence is a bipartisan effort. In a bitter public session yesterday, the five commissioners of the Securities and Exchange Commission split along party lines in voting for a chairman of a new oversight board for the accounting profession. The three Republican commissioners, led by the chairman, Harvey Pitt, voted to appoint William Webster. Mr. Webster, the former federal judge and director of both the F.B.I. and the C.I.A., was the face-saving Beltway eminence that Republicans turned to after they had derailed the appointment of John Biggs as a favor to the powerful accounting lobby. Mr. Biggs, the respected head of a large teachers' pension fund, has long been a thoughtful critic of the accounting gimmicks and auditors' conflicts of interests. He was the perfect choice to police the profession, which is why industry lobbyists and their allies in Congress worked so hard to derail him. The two Democratic commissioners still voted for him yesterday. It's a wonder that the 78-year-old Mr. Webster, who has a distinguished record of public service but little engagement with these issues, is allowing himself to be used in such a manner. That the White House urged him to consider the job further tarnishes the process. The S.E.C. is an ostensibly independent agency. Mr. Webster would have been better off insisting that Mr. Pitt name Mr. Biggs, or someone else with a comparable record. Now he will lead a body hobbled at birth. It is not beyond redemption. But Mr. Webster has his work cut out for him. He must make sure that the board becomes more than a disengaged blue-ribbon commission, and he must move quickly to hire energetic regulators. Only in this way can he create an institution that will in time police the accounting lobbyists who are now cheering his appointment. The new board, which has broad powers to set and enforce accounting standards, is the centerpiece of the corporate reform passed by Congress in the wake of the Enron and WorldCom scandals. Despite the accounting profession's complicity in these scandals and its sorry track record of policing itself, the Bush administration and many Republicans initially opposed an independent board. They only succumbed when rising investor anxiety threatened opponents of meaningful reform. By derailing Mr. Biggs, the Republicans are seeking to undermine the effectiveness of a board they never wanted. By siding with his former clients in the accounting industry and with his Republican overseers, Mr. Pitt has again demonstrated that he is not suited to lead the S.E.C. Maybe Mr. Webster will surprise us, but so far investors are the losers.nytimes.com