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Legal TimesEnforcement lawyers at the Securities and Exchange Commission have recently been dressed down by Congress, blamed for major investment bank failures and publicly criticized for missing the alleged frauds of financiers Bernard Madoff and R. Allen Stanford.
And still, they're in the best mood they've been in for years.
"There's a sense of the lifting of spirits," says Elisse Walter, one of the SEC's two Democratic commissioners.
Since being sworn in as chairman Jan. 27, Mary Schapiro has rolled back a number of rules created by her predecessor, Christopher Cox, that critics say hindered the enforcement process. She's also tapped a new enforcement chief, Robert Khuzami, a veteran federal prosecutor and, most recently, general counsel for the Americas at Deutsche Bank. Most importantly, say current and former Enforcement Division lawyers, Schapiro has reinvigorated the staff's morale by urging them to aggressively pursue investigations.
Under Cox, "the guiding principle was slow it down, shut it down, find a way to bog it down," says a lawyer in the division, who spoke on condition of anonymity because he still works there and did not have permission to speak to the media. "We are now being given the tools, the ability, and the discretion to use our good judgment."
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Now that's good news.