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Academic
: ConglomerateThe Revolving Door Run Around
By Gordon Smith, Christine, Hurt, Vic Fleischer, Fred Tung, Lisa Fairfax, David Zaring
I said in an earlier post that the revolving door story, in which government regulators lay down on the job in the hopes of getting future employment from those they regulate, sounds nice in theory, but doesn't work in practice. I'm standing by this claim, particularly with regard to white collar prosecutors, who get big future private sector paydays by being active, rather than compliant.
Why doesn't the revolving door work in practice? There are many possibilities:
- bringing big cases and winning them signals to private practice that you are a good lawyer
- a reputation for toughness might help you make the case to future prosecutors that your internal investigation (which uncovered no wrongdoing that can't be remedied by firing a couple of people, but certainly doesn't require criminal penalties, etc, etc) was plausible
- having a strong reputation will make it more likely that other former white collar prosecutors who go into private practice will refer cases to you, which means you're more likely to be able to build a book of business
And so on. I'm willing to admit that the revolving door for, say, Pentagon procurement officers may be replete with different incentives.
What about securities enforcement? They look a lot like prosecutors, right? Right, but Stavros Gadinis has investigated whom the SEC enforces against (often small firms located outside of securities centers), and has found some evidence of a revolving door problem:
The evidence?
This is a really nice paper, and the problem, as Gadinis recognizes, is that it is difficult to be sure that big and little, New York and non, aren't proxies for quality, as well as proxies for future employment (or, for that matter, that future employment isn't a proxy for quality; SEC enforcers may not wish to go work for bucket shops). Well worth your time. After the jump, some scene setting from the paper:
Gadinis writes:
[T]his paper uses a new dataset of all SEC actions against broker-dealers in 1998, 2005, 2006, and the first four months of 2007 to investigate whether the SEC treats large and well-known investment houses more favorably than small broker-dealers. Because the SEC may choose to pursue a broker-dealer by either filing a civil lawsuit or by initiating administrative proceedings before an administrative law judge, the paper first explores the factors that determine the agency?s choice of venue. Courts are a worse forum for finance professionals, since, conditional on a finding of violation, a court is more likely than an administrative law judge to ban defendants from the securities industry. The paper finds that, for the same violation and comparable levels of harm to investors, big firms and their employees are more likely to avoid courts and face administrative proceedings instead.The paper then turns to administrative cases, which the SEC controls more directly than court cases. Again, the paper finds that, for the same violation and comparable levels of harm to investors, big firms and their employees are less likely to receive a ban from the securities industry, compared to small firms and their employees. Some theories could justify the differential treatment of large and small firms, on the basis of systemic risk considerations or concerns about unduly penalizing entire firms because of limited violations. However, no public policy justification exists for the preferential treatment of individual employees in large firms.
Full post as published by Conglomerate on February 09, 2009 (boomark / email).

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