Written by Rob Lillpopp on February 16, 2011 – 8:23 am
Nicholas Confessore writes in the New York Times - “Buried in the governor’s new budget are provisions that would grant the executive branch sweeping new powers to investigate Wall Street banks, hedge funds and insurance companies, alarming some industry officials and raising the prospect of a major clash with his successor as attorney general, Eric T. Schneiderman, and local prosecutors over high-profile securities and investment cases.
The provisions accompany Mr. Cuomo’s proposed merger of the state’s Insurance and Banking Departments, along with the Consumer Protection Board, into a new Department of Financial Regulation. Mr. Cuomo has argued that those changes are necessary to create a more efficient and modern regulatory framework for businesses and better protection for consumers.
But the budget language would also empower the new agency to issue subpoenas, compel testimony and seek damages and penalties from anyone committing “financial fraud,” a term defined broadly to encompass investments, securities and derivatives marketed and sold by Wall Street investment houses, as well as financial services, life insurance and more.”
Mr. Cuomo’s proposal would also grant the agency authority to investigate any violation of the Martin Act, the 90-year-old statute that gives the New York attorney general the broadest legal powers of any regulator in the nation and which was employed aggressively by Mr. Cuomo and his predecessor, Eliot Spitzer, to prosecute Wall Street firms.
The plan startled some in the financial community, and the administration appears to be quickly revising the language to head off potential opposition.
Mr. Cuomo’s communications director, Richard Bamberger, said the governor agreed to remove the Martin Act provisions after business groups raised concerns earlier this month, and alerted Mr. Schneiderman that they would do so. Mr. Bamberger said the provisions had been inserted by mistake and would be struck from the amended proposal Mr. Cuomo will submit in early March.”
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