LyrArc Article Gist
U.S. District Judge Jed Rakoff was critical of the S.E.C.'s practice of entering into consent judgements which allowed defendents to not admit to wrongdoing. In his order Judge Rakoff rejected a $285 million settlement with Citigroup for a mortgage-bond deal. In his order he said such settlements are viewed by the business community as "a cost of doing business." He found it hard to discern what the S.E.C. would be getting out of such a settlement "except a quick headline." Rakoff summarized the problem with such settlements and the S.E.C.'s practices when it comes to the public's interest: "In any case like this that touches on the transparency of financial markets whose gyrations have so depressed our economy and debilitated our lives, there is an overriding public interest in knowing the truth. In much of the world, propaganda reigns, and truth is confined to secretive, fearful whispers. Even in our nation, apologists for suppressing or obscuring the truth can always be found. But the S.E.C., of all agencies, has a duty, inherent in its statutory mission, to see that the truth emerges; and if it fails to do so, this Court must not, in the name of deference or convenience, grant judicial enforcement to the agency's contrivances."...