Regulating the Ferrari Set - on a Ford Salary
By Martin Kimel

The Washington Post (Jan. 4, 2000)

  Describing the ability of securities regulators to keep pace with the  turbocharged industry they regulate, a reporter once said that the regulators  drive Fords while Wall Street drives Ferraris.

  As a Securities and Exchange Commission lawyer who has actually been inside  the agency's garage, I know that this is more than a metaphor.

  While just about every American has been tempted by the bull market mania of  the '90s, few jobs press your nose to the glass--and hold it there--quite as  forcefully as that of overseeing securities markets worth trillions of dollars.

  To oversee something, you have to pay attention to it. As I work at my office  desktop, the immense wealth of the stock market is, quite literally, in my face,  and as inescapable as the market alerts that flash across my computer screen.

  In my twenties, which coincided with the go-go '80s, my friends and I shared  a healthy disdain for unchecked yuppie greed. But today, like just about  everyone else, I have become fairly obsessed with the stock market. Indeed, this  obsession may turn out to be the real Y2K bug.

  Though I started investing in mutual funds in the 1980s, and still do, I have  graduated to the excitement of picking my own stocks. While I used to take a  casual interest in the statements my mutual funds sent me once a quarter, a day  away from the market now leaves me feeling strangely out of sorts. Instead of my  old breakfast fare of international news, with assorted other topics tossed in,  I now head straight for the S&P futures on CNBC.

  I behave this way, and I am decidedly not a day trader. In fact, SEC rules  require me to hold stock I buy for six months. In addition, I spend my days  regulating mutual funds, which, of course, are also not the Ferraris of  investment vehicles. But working at the SEC has a way of forcing you to think  about markets--securities markets, housing markets, labor markets. Every day, my  colleagues and I speak with securities lawyers in the private sector who are  earning two to three times our salaries (not counting bonuses and stock
 options): attorneys for Merrill Lynch, Goldman Sachs, Fidelity and other Wall  Street heavyweights. It hasn't been particularly difficult to make money in this  bull market, and some of the entrepreneurs who also call us for legal guidance  are, to put it gently, longer on enthusiasm than they are on understanding.

   As a government employee speaking with these high-fliers, I frequently feel  like an investor stuck holding low-interest savings bonds while equities soar  all around him. This feeling does not help the SEC retain staff. At least during  bull markets, we have an unending stream of goodbye parties, as co-workers tire  of the (comparatively) low salaries and windowless offices that come with public  service. Lured by what one colleague has called the "dark side," SEC staffers  are trading in their Fords for something flashier.

   Of course, there are different shades of dark. But, to me, being a regulator  rather than a private lawyer means that you normally don't have to adopt a  client's position in advance and then figure out how to sell it. Instead, you  have the luxury of deciding what you think is right and going from there.

   The pressure to "go private" is amplified by two different sources. First,  there is Congress's lack of support for the SEC, as evidenced by an annual  budget that has not come close to keeping pace with the astounding growth in the  markets the agency oversees. Second, there is pressure from the securities  industry.

   Fortunately, the SEC staff is well regarded by industry insiders, many of  whom have Commission experience themselves. Nevertheless, there is a lingering  suspicion of those who stay on at the agency. One departing colleague joked that  he had almost reached his "expiration date." It is as if those of us who stay  too long--and I am talking years, not decades--risk being labeled as spoiled  milk.

   Which is a shame. Despite its bureaucratic challenges as a workplace, the  government provides opportunities not easily found elsewhere: the chance to work  on novel and important issues, the opportunity to collaborate with an unusually  nice group of colleagues (especially rare for lawyers!) and, not least, the  chance to feel good about what you do for a living.

   Because of my peculiar status in the financial world--a participant who does  not really participate in its wealth--I doubt I can remain forever happy driving  a Ford (or a 1990 Acura). When I do eventually decide to trade it in, though, I  hope I can forgo the Ferrari and content myself with something less sleek.

   The writer is an attorney with the Securities and Exchange Commission. The  views here are his own.