Statement of CFA's Director of Investor Protection Barbara Roper In Response To House Subcommittee Mark-Up of SEC Civil Enforcement Authority Bill
State Preemption Provision is "Poison Pill" that Must be Stripped from the Otherwise Pro-Investor Bill
For immediate release
Contact: Barbara Roper, Director of Investor Protection, 719-543-9468
July 10, 2003
Washington, D.C. - "The House Capital Markets
Subcommittee inserted a poison pill in its otherwise pro-investor SEC
civil enforcement authority legislation (H.R. 2179) today when it
amended the bill to prevent state securities regulators from imposing
the sort of routine conduct remedies on broker-dealers that are an
essential component of an effective regulatory program," said CFA
Director of Investor Protection Barbara Roper.
"There is absolutely no justification for this sweeping preemption. It
must be stripped from the bill," Roper added. "Investors should not be
asked to pay for increased SEC enforcement authority with a dramatic
reduction in state enforcement authority. It would be better not to
pass this bill than to pass it in its current form."
CFA had expressed concern over the initial provision of the
legislation, replaced by this amendment, which would have preserved the
ability of states to impose conduct remedies, but would have required
them to send any monetary penalties imposed in such actions to a
federal fund for the purpose of investor restitution. "While we
supported the stated goal of increasing restitution to investors, we
were concerned that the legislation, as then written, would have
applied to in-state actions where there was no conceivable federal
interest and would have discouraged states from imposing appropriate
remedies where they found serious violations," Roper said.
"This amendment offers none of the benefits of the original provision -
in the form of increased restitution to investors - and it magnifies
its drawbacks," Roper said. "It is inconceivable that the members who
offered and voted for this amendment believe this is an appropriate
response to a market that has been wracked by fraud."
The Consumer Federation of America is a non-profit association of some
300 organizations founded in 1968 to represent the consumer interest
through advocacy and education.