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Investing for Organizational Sustainability

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scheme because she was the firm's compliance attorney. The investigation was closed,<br />

and Swanson subsequently left the SEC, and married Shana Madoff.<br />

Approximately 45 per cent of institutional investors thought that better oversight by the<br />

SEC could have prevented the Madoff fraud. Harry Markopolos complained to the<br />

SEC's Boston office in 2000, telling the SEC staff they should investigate Madoff<br />

because it was impossible to legally make the profits Madoff claimed using the<br />

investment strategies that he said he used.<br />

A similar failure occurred in the case of Allen Stan<strong>for</strong>d, who sold fake certificates of<br />

deposit to tens of thousands of people, many of them working-class retirees. In 1997,<br />

the SEC's own examiners spotted the fraud and warned about it. But the En<strong>for</strong>cement<br />

division would not pursue Stan<strong>for</strong>d, despite repeated warnings by SEC examiners over<br />

the years. After the Madoff fraud emerged, the SEC finally took action against Stan<strong>for</strong>d<br />

in 2009.<br />

In June 2010, the SEC settled a wrongful termination lawsuit with <strong>for</strong>mer SEC<br />

en<strong>for</strong>cement lawyer Gary J. Aguirre, who was terminated in September 2005 following<br />

his attempt to subpoena Wall Street figure John J. Mack in an insider trading case<br />

involving hedge fund Pequot Capital Management; Mary Jo White, who was at the time<br />

representing Morgan Stanley later nominated as chair of the SEC, was involved in this<br />

case. While the insider case was dropped at the time, a month prior to the SEC's<br />

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