I don't think I've seen so many happy faces on Wall street since the NY Giants won the Super Bowl. After the way Spitzer targeted this industry over his last few years as Attorney General, to say that he was hated by many in this industry would be a huge understatement. At my company alone people were
beyond exuberant upon hearing the news of his downfall and public humiliation.
The National Review has a pretty interesting article detailing how many of his actions with respect to this industry were actually quite self serving.
QUOTE (National Review Online)
Spitzer's Sins in the Spotlight
Spitzer saw a ladder for his ambition in the open-ended law, which is particularly susceptible to prosecutorial abuse. Unlike the federal securities laws, the Martin Act has no requirement of an intent to defraud, no requirement that anyone relied on the alleged fraud, no requirement that anyone was injured by the fraud, and indeed no requirement that any securities transaction took place. The law affords the attorney general broad subpoena power and the capacity to apply enormous pressure on potential witnesses to “cooperate” while waiving their Fifth Amendment rights against self-incrimination.
As employed by Eliot Spitzer, the Martin Act gave vast powers to tax and to regulate national financial and commercial activity. Spitzer targeted investment banks for alleged conflicts between the companies’ stock analysts and banking divisions. Analysts’ sunny forecasts for now-busted tech companies, Spitzer’s office discovered, were influenced by the client and investment-banking relationships. Because the Martin Act afforded Spitzer the ability to take his investigation public, he went after Merrill Lynch and star analyst Henry Blodget on CNBC; the company’s stock price promptly tanked. Eventually, Spitzer took down over $1.4 billion in settlements from New York’s ten biggest investment firms.
Flush with this success, Spitzer went after the Big Apple’s big businesses with increasing relish. He targeted mutual funds for offering trading advantages to bigger clients. He went after insurance companies for paying brokers “contingent commissions” for bringing in a broader book of business. He charged record companies for paying radio stations to play more of their tunes. He sent threatening letters to mortgage lenders attacking them for setting rates too high for minority subprime lenders — a due diligence that, in hindsight, we may wish had been maintained.
In virtually every case, the public interest in Spitzer’s prosecution was tenuous at best.
<snip>
In some cases, however, Spitzer went after practices that were fully disclosed to sophisticated parties — such as the corporate clients who bought insurance contracts. And we’ll never really know if the alleged phantom-bidding scheme and other Spitzer crusades really warranted prosecution. The punishment that Spitzer could and did unilaterally inflict on corporate share prices through the media meant that the attorney general was able to extract settlements to his liking without ever going to trial.
<snip>
It's worth noting that Spitzer wielded the Martin Act with often shocking ruthlessness, typically targeting his political enemies. He reportedly threatened to indict insurance giant AIG unless the board removed chairman Maurice “Hank” Greenberg, who had spent his life building the company. In going after ###### Grasso for his New York Stock Exchange compensation plan that Spitzer deemed immoral, a Spitzer associate allegedly threatened to out the business leader’s extramarital affair — a delicious irony in light of the governor’s present predicament.
And Spitzer saw in the Martin Act the ability to generate carrots, as well as sticks. Spitzer strong-armed several of the corporations he had publicly targeted to seat his political allies on their boards. Included in many of the settlements he demanded were “slush funds” paid out to community groups and other potential supporters of the aspiring governor.
Spizer’s self-serving prosecutorial crusade has had real and deleterious economic effects — it’s far from a private matter.
Full Article