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Does the SEC Need Wiretapping Authority?

March 15, 2010
Carol E. Curtis


The Securities and Exchange Commission’s insider trading case against Galleon Group hedge fund is out of the ordinary in at least one respect: It is based in part on the use of wiretaps and recordings of conversations.

This strikes legal experts as unusual for an SEC investigation, since the agency has no wiretapping authority.  
 
“It is unusual,’’ said Robert S. Khuzami, director of enforcement at the SEC, at a November discussion of hedge fund regulation before the Practising Law Institute in New York. But, within a year, he said, “I hope it’s more common.’’

Khuzami noted that the SEC has no wiretapping authority. That belongs to the Justice Department, which has considerable experience in that regard and works closely with the SEC in investigating potentially illegal activity such as insider trading at Galleon.

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THE WEEK AHEAD:

MONDAY, MARCH 15

EVENT: Financial Information Management 2010

Through March 17. WB Research. Bridgewaters, New York, NY

TUESDAY, MARCH 16

SPEECH: Andrew J. Donohue, Director, Division of Investment Management

8 a.m., 2010 Mutual Funds and Investment Management Conference, Phoenix

WEBCAST: Maximizing Your Data Asset: New Thinking About Data Quality

Noon, Mark B. Gorman, Principal, Mark B. Gorman & Associates

WEDNESDAY, MARCH 17

WEBCAST: Best Practices in Records Management Compliance

2 p.m., eDiscovery specialist Stephen Whetsone, Iron Mountain

WEBCAST: Examining the Link Between Fed Bank Supervision and Monetary Policy

2 p.m., House Financial Services Committee, 2128 Rayburn House Office Building

THURSDAY, MARCH 18

EVENT: 12th Annual Syndicated Loans Conference

Through March 19. Euromoney, The Royal Horseguards Hotel, London

THE WEEK THAT WAS: