To: Libbyt who wrote (332 ) 12/1/2002 3:57:12 PM From: LPS5 Read Replies (1) | Respond to of 2534 "...The weaknesses of the commission, he said, have encouraged state prosecutors around the nation to pursue their own investigations of Wall Street and public companies, a shift in the balance of power that some experts criticize for leading to inconsistent results and balkanized rules. Message 18288043 Yet another example of the Law of Unintended Consequences, which I'm beginning to feel should be changed to reflect both a "weak" and "strong" law, not unlike those pertaining to nuclear forces in physics: in this case, the "Strong" Law of Unintended Consequences giving rise not only to unexpected and usually detrimental consequences, but to those very outcomes which the initiatives in contention were constructed to avoid in the first place. The SEC's purpose and (original) design was predicated upon the idea that a small, specialized federal body overseeing a number of industry-staffed self-regulatory organizations would best police the financial markets from a standpoint of cost effectiveness, efficiency, and so as not to stifle the growth of American capital markets with inevitably clumsy bureaucratic fixtures. Fixtures that, even seventy years ago - and more impressively after such a traumatic, public policy-inviting event as the Crash of 1929 was - the powers-that-be knew direct federal oversight would create. Fixtures that, above all and to their great credit, the orchestrating players sought to avoid. Instead, whether cursed by initial success or having become amtrakized (I am officially coining the adjective form of this proper noun here, today): the SEC has picked up more and more responsibilities over the years - regulating accountants, monitoring financial submissions of public companies, etc. And even as their budget has consequently ballooned, it is increasingly unable to fulfill even the basic regulatory duties with which it is charged. As a result, we're now seeing more federal government involvement, and of a less specialized nature. LPS5