-Caveat Lector-

"In another SEC-related controversy, President Bush recently recommended that
the agency's budget be slashed to $568 million from the $776 million budgeted
by Congress."

>From SRiMedia

CORPORATE GOVERNANCE

Harvey Pitt SEC Chairman admits withholding info amid fresh calls for his
resignation

By Nov 1, 2002, 2:06pm

New controversy has surrounded the Securities and Exchange Commission on
Thursday after Chairman Harvey Pitt admitted that he had withheld information
from his fellow commissioners on the day before the vote to select members of
the Public Company Accounting Oversight Board.<?xml:namespace prefix = o ns =
"urn:schemas-microsoft-com:office:office" />

This latest controversy started when Pitt's told the commission's four other
members that former FBI director William Webster, the man the SEC chose last
week to head the accounting board, had been a director at a company facing
shareholder lawsuits alleging accounting fraud. Webster had chaired the
board's audit committee. While Democrats have asked for Pitt�s removal White
House spokesman Claire Buchan defended Pitt, saying, "We support him."
According to The New York Times, which reported the story yesterday, Webster
told Pitt about the issue before last week's vote and offered to withdraw his
candidacy. Pitt told him that was unnecessary. However, after Pitt told the
other commissioners of his omission, they asked that the SEC inspector
general, Walter Stachnik, investigate the matter and Pitt agreed. Soon after,
Democrats in Congress asked the General Accounting Office to investigate what
happened. Sen. Carl Levin, D-Mich., joined other Democrats calling for Pitt's
resignation. Sen. Paul Sarbanes, D-Md., who wrote the bill that created the
oversight board, called for Pitt's removal last week after the SEC's 3-2 vote
naming Webster to the post instead of a candidate opposed by accounting
firms. "The public has lost confidence in the chairman," Sarbanes said.

Webster was seen as a compromise candidate after business interests put the
kibosh on John Biggs, a vocal activist for corporate accountability and the
former manager of the TIAA-CREF pension fund.

John Coffee, a Columbia University law professor, said it is not clear
whether Pitt's decision to withhold information is unlawful -- but it
certainly damages his credibility.

"No one in the United States should be more conscientious about making full
disclosure than the chairman of the SEC, and he hasn't done that," Coffee
said.

While it is unclear whether Webster acted improperly, "the question is
whether he is too compromised to lead a reform agency when he himself has
been involved in what seems like fairly dubious conduct regarding an
accounting irregularity," Coffee said.

U.S. Technologies, the company where Webster served as a director, is the
target of both investor lawsuits and a federal probe for activities that
occurred while Webster was chairman of its audit committee.

Among other things, U.S. Technologies failed to publicly disclose that its
accountant, BDO Seidman, had resigned after finding accounting irregularities
on its books, the New York Times reported Thursday.

GAO officials will examine Webster's directorships at both U.S. Technologies,
which is nearly defunct, and a second company, NextWave Telecommunications,
which is in Chapter 11, the Times reported in today's editions.

Webster, a respected Washington veteran who has served as director of the FBI
and CIA, told the Washington Post that his involvement with U.S. Technologies
was beyond reproach. He told the Times that he does not intend to resign.

An SEC spokesman said, "The staff reviewed Judge Webster's service on the
audit committee of U.S. Technologies and identified nothing of concern."

In another SEC-related controversy, President Bush recently recommended that
the agency's budget be slashed to $568 million from the $776 million budgeted
by Congress.

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