Laptop Battery With two decisions in the last two weeks, the Bush
administration has sent its clearest message yet that it values
corporate interests over the interests of average Americans. In the
Securities and Exchange Commission's settlement with Putnam
Investments, the public comes away short-changed. In the
Environmental Protection Agency's decision to forgo enforcement of
the Clean Air Act, the public comes away completely
empty-handed.
According to the indictment, Jones would steal various IBM and Penguin computer servers from Verisign's warehouse in Virginia and sell them to Johnson. Johnson would then sell the servers to several individuals, who would sometimes place them for sale on eBay. As a result of this scheme, the indictment alleges that Jones and Johnson caused Verisign to lose more than $120, 000 worth of computer equipment. In the indictment, Jones and Johnson are charged in three counts with causing the interstate transportation of stolen property, namely IBM 330 and 335 servers, in violation of 18 U.S.C.
Thinkpad The 95 million Americans who invest in mutual funds paid more
than $70 billion in fees in 2002. These fees went to an industry
that did not take seriously its responsibility to safeguard
investors' money. Investors are now rightly concerned about whether
those mutual funds that breached their fiduciary duties will be
required to refund the exorbitant fees they took, and what
mechanism will be put in place to ensure that the fees charged in
the future are fair.
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Microsoft Unfortunately, the S.E.C.'s deal with Putnam does not provide a
satisfactory answer to these questions. Instead, it raises new
questions.
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Laptop Computers The commission's first failure is one of oversight. The mutual
fund investigation began when an informant approached our office
with evidence of illegal trading practices. Tipsters also
approached the commission, which is supposed to be the nation's
primary securities markets regulator, but the commission simply did
not act on the information.
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Laptop Computer The commission's second failure was acting in haste to settle
with Putnam even though the investigation is barely 10 weeks old
and is yielding new and important information each day. Whether the
commission recognizes it or not, the first settlement in a complex
investigation always sets the tone for what follows. In this case,
the bar is set too low.
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Desktop Computer The Putnam agreement does contain a useful provision mandating
that the funds' board of directors be more independent of the
management companies that run its day-to-day operations. It also
talks of fines and restitution, but leaves for another day the
determination of the amount Putnam should pay.
Notebooks Most important, the agreement does not address the manner in
which the fees charged to investors are calculated. Nor does it
require the fund to inform investors exactly how much they are
being charged or even provide a structure that will create market
pressure to reduce those fees. Finally, there is no discussion of
civil or criminal sanctions for the managers who acted improperly
by engaging in or permitting market timing and late trading.
Lenovo S.E.C. officials are now saying that they may be interested in
additional reforms. But by settling so quickly, they have lost
leverage in obtaining further measures to protect investors. After
reviewing this agreement, I can say with certainty that any
resolution with my office will require concessions from the
industry that go far beyond what the commission obtained from
Putnam.
Hard Drive It is not surprising that the commission would sanction a deal
that ignores consumers and is unsatisfactory to state regulators.
Just look at the Bush administration's decision to abandon pending
enforcement actions and investigations of Clear Air Act
violations.
Travelstar Even supporters of the Bush administration's environmental
policy were stunned when the E.P.A. announced that it was closing
pending investigations into more than 100 power plants and
factories for violating the Clean Air Act and dropping 13 cases in
which it had already made a determination that the law had been
violated.
Gateway Regulators may disagree about what our environmental laws should
look like. But we should all be able to agree that companies that
violated then-existing pollution laws should be punished.
Laptop Parts Those environmental laws were enacted to protect a public that
was concerned about its health and safety. By letting companies
that violated the Clean Air Act off the hook, the Environmental
Protection Agency has effectively issued an industry-wide pardon.
This will only embolden polluters to continue practices that harm
the environment.
Software My office had worked with the agency to investigate polluters,
and will continue to do so when possible. But today a bipartisan
coalition of 14 state attorneys general will sue the agency to halt
the implementation of weaker standards. In addition, we will
continue to press the lawsuits that have been filed. We have also
requested the E.P.A. records for the cases that have been dropped,
and will file lawsuits if they are warranted by the facts.
Hard Drives Similarly, my office while committed to working with the
Securities and Exchange Commission in our investigation of the
mutual fund industry will not be party to settlements that fail to
protect the interests of investors and let the industry off with
little more than a slap on the wrist.
Electronics The public expects and deserves the protection that effective
government oversight provides. Until the Bush administration shows
it is willing to do the job, however, it appears the public will
have to rely on state regulators and lawmakers to protect its
interests.
Canon By Eliot Spitzer, attorney general of New York.
Desktop Pc New York Times - 11/17/2003
Topic: Air Pollution
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