October 2009 Archives

When I first read the October 15 New York Times article "Suit Accuses S.E.C. of Failing to Detect Madoff Scheme" I noticed a welling up of "justice deserved" sentiment coupled with admiration for the victims who had found a novel way to circumvent apparent obstacles to suing regulators for compensation as they attempted to recover losses that may, in part, have been enabled by regulatory incompetence. And then came the pause and unease. Diana Henruiqes' discussion of the SEC's immunity - and its potential limitations as claimed by the plaintiffs - made me think of the protection afforded hospital QI and peer review processes. And its potential vulnerability under similar circumstances.

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