By Tim Shoemaker

"The Dodd-Frank Wall Street Reform and Consumer Protection Act...enacts the toughest Wall Street reforms since the Great Depression...establishing unprecedented levels of oversight, transparency and accountability in the financial system." -- Rep. James Clyburn (SC)

On the heals of President Obama signing the Dodd/Frank Wall Street Reform Bill, Tuesday the SEC cited a provision of the new law that exempts them from disclosing information to the public.

Fox Business Network:

Under a little-noticed provision of the recently passed financial-reform legislation, the Securities and Exchange Commission no longer has to comply with virtually all requests for information releases from the public, including those filed under the Freedom of Information Act.

The law, signed last week by President Obama, exempts the SEC from disclosing records or information derived from "surveillance, risk assessments, or other regulatory and oversight activities." Given that the SEC is a regulatory body, the provision covers almost every action by the agency, lawyers say. Congress and federal agencies can request information, but the public cannot.

That argument comes despite the President saying that one of the cornerstones of the sweeping new legislation was more transparent financial markets. Indeed, in touting the new law, Obama specifically said it would "increase transparency in financial dealings."

The article goes on to argue the SEC is using the provision to cover up their own failures. 

The SEC cited the new law Tuesday in a FOIA action brought by FOX Business Network. Steven Mintz, founding partner of law firm Mintz & Gold LLC in New York, lamented what he described as "the backroom deal that was cut between Congress and the SEC to keep the SEC's failures secret. The only losers here are the American public."

FOX Business Network sued the SEC in March 2009 over its failure to produce documents related to its failed investigations into alleged investment frauds being perpetrated by Madoff and R. Allen Stanford. Following the Madoff and Stanford arrests it, was revealed that the SEC conducted investigations into both men prior to their arrests but failed to uncover their alleged frauds.

FOX Business made its initial request to the SEC in February 2009 seeking any information related to the agency's response to complaints, tips and inquiries or any potential violations of the securities law or wrongdoing by Stanford.

Fox Business has announced they will challenge the SEC's interpretation of the new law in court.

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