November 09, 2002
Why Did Harvey Pitt Crash and Burn at the SEC?

A correspondent writes that Harvey Pitt's crash-and-burn at the SEC is not a surprise. As chair of the SEC, he took the White House to be his client, and he took his fellow commissioners to be the opposing attorneys.

After all:

Harvey Pitt is a big-shot securities lawyer at a prestigious firm. This means he has gotten very rich doing three things:

  • Thinking of reasons why his clients can do what they tell him they want to do. (The White House wanted a prestigious figure (read empty suit) to head the Public Companies Accounting Oversight Board, so Pitt thought of reasons why it could do that.)
  • Thinking of reasons why he and his clients are NOT legally required to disclose stuff that any reasonable person would think ought to be disclosed. (Pitt probably believed (perhaps rightly) he had no LEGAL obligation to tell the other commissioners about Webster's issue before they voted.)
  • Yelling at his staff and blaming people lower in the organization when things go wrong. (Recall how rapidly Pitt shifted the "blame" for failing to vet Webster onto Herdman.)

Meanwhile, Stephen Labaton at the New York Times writes:


Praise to Scorn: Mercurial Ride of S.E.C. Chief: ...Friends and colleagues, as well as detractors, say Mr. Pitt had ultimately become a casualty of his personality, haunted by the ghost of his predecessor, and struggling to remain a loyal Republican without understanding how his partisanship at what is supposed to be an independent agency would alienate important Democrats. On Oct. 25, the day before his faux combat, Mr. Pitt had led an unusually rancorous meeting to select William H. Webster to lead a new accounting board over an alternative contender, John H. Biggs, a decision that would ultimately cost Mr. Pitt the job that he had long coveted. According to Mr. Biggs and two of the commissioners, Mr. Pitt initially promised the job to Mr. Biggs at a Sept. 11 lunch. But in early October, he told Mr. Biggs he could no longer support him.

Accounts differ as to why. Mr. Pitt has denied accusations by lawmakers that he buckled under pressure from the accounting profession, which objected to Mr. Biggs because he has been a voice for aggressive oversight of the profession. Others at the commission have said that Mr. Pitt became enraged by the campaign by Arthur Levitt, his predecessor, on behalf of Mr. Biggs, and was determined to oppose him on that basis alone. Whatever may have happened, his supervision of the selection of the new board caused a political uproar. It grew too much for Mr. Pitt when it surfaced six days after the vote that Mr. Pitt had failed to tell the other commissioners that Mr. Webster had headed the audit committee of a virtually insolvent company that had been accused of fraud.

Mr. Pitt's mishandling of the selection of the board was the last in a series of political blunders over the last year that have baffled his many admirers. He had offered an olive branch in a speech to his former clients in the accounting profession just before it came under harsh criticism for its role in a series of corporate collapses. Career S.E.C. officials said that he had demoralized the staff by repeatedly meeting with executives of companies under investigation. To the consternation of Wall Street, he had only belatedly attempted to coordinate investigations with aggressive state prosecutors, like Eliot Spitze.... He was late in seeking more money from Congress for the cash-strapped commission. And to much ridicule among Democrats and anger at the White House, he had secretly lobbied to have his status elevated to cabinet rank to put him on a level with the secretary of state and the attorney general....

[O]fficials at the commission and former law partners say Mr. Pitt's personality was mercurial and he surrounded himself with aides too intimidated to openly question his judgment. They say he occasionally saw enemies where none existed and would personalize a professional disagreement. Other commission officials say that they came to believe they could not always trust him. They say that shortly after he told Mr. Biggs that he would support his candidacy to lead the new oversight board, and that Mr. Biggs should retire early from the private sector to be ready to take the assignment, he secretly began talks with others for the same job....

[T]o the staff, he could also be difficult. In closed enforcement proceedings, S.E.C. officials said, he could obsess over seemingly obscure points, driving an already overworked enforcement staff of the commission to deep distraction -- much of it, in the minds of some officials, unnecessary.

S.E.C. officials said that he also tended to discount the advice of the career senior staff in favor of the political officials he had appointed. One senior career person warned him against trying to elevate the chairmanship to a cabinet level post, they recalled. But they said he dismissed that suggestion when one of his political advisers urged him to make the recommendation.

Rather than turn to the seasoned enforcement or general counsel's staff at the commission to examine the background of Mr. Webster, Mr. Pitt instead relied on his old friend, Robert K. Herdman, who had no investigative experience. Until he was hand-picked by Mr. Pitt to be the agency's chief accountant, Mr. Herdman had spent most of his career as an executive at Ernst & Young. Mr. Herdman resigned from the commission late Friday.

The New York Times Sponsored by Starbucks

November 10, 2002

Praise to Scorn: Mercurial Ride of S.E.C. Chief

By STEPHEN LABATON

WASHINGTON, Nov. 9 — Two weekends ago, Harvey L. Pitt took his son and friends in a stretch limousine to a remote part of Maryland to shoot paint-ball guns.

Donning battle fatigues, Mr. Pitt traipsed in the woods with the teenagers as they pelted each other with paint shots from their weapons. A large and lumbering man, he quickly got drenched, people who were watching said. For Mr. Pitt that Saturday, playing the role of attractive target could hardly have been more fitting.

He had been unanimously confirmed just 14 months earlier to be the chairman of the Securities and Exchange Commission by a Senate whose members had hailed him as one of the nation's most brilliant lawyers, just as the agency was headed into one of its most difficult periods, a string of corporate scandals that shook investor confidence in Wall Street.

But by his final days on the job, he had become the object of derision by Democrats and political cartoonists, scorned by editorial writers of diverse philosophical persuasions, a "political piñata," as Representative Edward J. Markey, Democrat of Massachusetts, put it.

Friends and colleagues, as well as detractors, say Mr. Pitt had ultimately become a casualty of his personality, haunted by the ghost of his predecessor, and struggling to remain a loyal Republican without understanding how his partisanship at what is supposed to be an independent agency would alienate important Democrats.

On Oct. 25, the day before his faux combat, Mr. Pitt had led an unusually rancorous meeting to select William H. Webster to lead a new accounting board over an alternative contender, John H. Biggs, a decision that would ultimately cost Mr. Pitt the job that he had long coveted. According to Mr. Biggs and two of the commissioners, Mr. Pitt initially promised the job to Mr. Biggs at a Sept. 11 lunch. But in early October, he told Mr. Biggs he could no longer support him.

Accounts differ as to why. Mr. Pitt has denied accusations by lawmakers that he buckled under pressure from the accounting profession, which objected to Mr. Biggs because he has been a voice for aggressive oversight of the profession. Others at the commission have said that Mr. Pitt became enraged by the campaign by Arthur Levitt, his predecessor, on behalf of Mr. Biggs, and was determined to oppose him on that basis alone.

Whatever may have happened, his supervision of the selection of the new board caused a political uproar. It grew too much for Mr. Pitt when it surfaced six days after the vote that Mr. Pitt had failed to tell the other commissioners that Mr. Webster had headed the audit committee of a virtually insolvent company that had been accused of fraud.

Mr. Pitt's mishandling of the selection of the board was the last in a series of political blunders over the last year that have baffled his many admirers.

He had offered an olive branch in a speech to his former clients in the accounting profession just before it came under harsh criticism for its role in a series of corporate collapses. Career S.E.C. officials said that he had demoralized the staff by repeatedly meeting with executives of companies under investigation.

To the consternation of Wall Street, he had only belatedly attempted to coordinate investigations with aggressive state prosecutors, like Eliot Spitzer, the attorney general of New York. He was late in seeking more money from Congress for the cash-strapped commission. And to much ridicule among Democrats and anger at the White House, he had secretly lobbied to have his status elevated to cabinet rank to put him on a level with the secretary of state and the attorney general.

`Larger Than Life'

To supporters and his detractors, Mr. Pitt is the closest thing to a modern-day Shakespearean character.

"He is larger than life on both sides," said Joel Seligman, an historian of the commission and securities law expert who has known him and followed his work closely for the last 15 years. "His talent as a litigator and writer has been profound and influential. His flaws are also larger than any chairman in the history of the commission. You're dealing with someone of extraordinary pluses and minuses."

Mr. Pitt declined to comment for this article. In a speech on Friday at the annual conference of the Securities Industry Association in Boca Raton, Fla., he suggested he was the victim of partisanship.

"Unfortunately, turmoil surrounding my chairmanship makes it very difficult for the commissioners and staff to perform critical assignments," he said. "I hope my successor isn't greeted with the same climate of attack and partisanship.

"It's easy to find fault and it's easy to criticize. In a partisan environment, criticism often devolves into attack. This doesn't help anyone. In fact, it's not just unproductive, it's counterproductive."

Lawyers on Wall Street said that Mr. Pitt's lucrative Rolodex of clients, which he built up after finishing an earlier stint at the S.E.C. to become a securities-law attorney in New York, had been the envy of other practitioners. His career gave him better training for the job than any of the 25 chairmen who preceded him, according to scholars and lawyers who follow the agency.

"We were all so excited when he got the job," recalled Stanley Sporkin, Mr. Pitt's mentor and one of the agency's most effective prosecutors. "We wanted so badly for one of our own to succeed. What has happened here has hurt all of the old career staff people, who wanted to live through Harvey."

But officials at the commission and former law partners say Mr. Pitt's personality was mercurial and he surrounded himself with aides too intimidated to openly question his judgment. They say he occasionally saw enemies where none existed and would personalize a professional disagreement.

Other commission officials say that they came to believe they could not always trust him. They say that shortly after he told Mr. Biggs that he would support his candidacy to lead the new oversight board, and that Mr. Biggs should retire early from the private sector to be ready to take the assignment, he secretly began talks with others for the same job.

Mr. Pitt could be brilliant, S.E.C. officials recalled last week. They cited one decision he made to require senior executives to certify their financial statements and another decision to press the enforcement staff to file a securities fraud lawsuit against WorldCom only a day after it disclosed its problems. He also led a relatively collegial and unified commission on many substantive issues.

But to the staff, he could also be difficult. In closed enforcement proceedings, S.E.C. officials said, he could obsess over seemingly obscure points, driving an already overworked enforcement staff of the commission to deep distraction — much of it, in the minds of some officials, unnecessary.

S.E.C. officials said that he also tended to discount the advice of the career senior staff in favor of the political officials he had appointed. One senior career person warned him against trying to elevate the chairmanship to a cabinet level post, they recalled. But they said he dismissed that suggestion when one of his political advisers urged him to make the recommendation.

Rather than turn to the seasoned enforcement or general counsel's staff at the commission to examine the background of Mr. Webster, Mr. Pitt instead relied on his old friend, Robert K. Herdman, who had no investigative experience. Until he was hand-picked by Mr. Pitt to be the agency's chief accountant, Mr. Herdman had spent most of his career as an executive at Ernst & Young. Mr. Herdman resigned from the commission late Friday.

No Follower of Footsteps

From his first days as chairman, Mr. Pitt made clear in an interview at the time, he was determined to be sharply different than his predecessor, Mr. Levitt, who in both appearance and style could not be a stronger contrast.

Both men had come from Wall Street. But Mr. Levitt had no legal background and left details to others while Mr. Pitt reveled in getting involved in the intimate details of making rules and prosecuting cases. Where Mr. Pitt would try to shut out reporters who were critical of him, Mr. Levitt would take the most critical of them to lunch to charm them. Privately, Mr. Pitt would complain to friends that Mr. Levitt's favorable press was not justified by his track record, these friends said.

If Mr. Levitt would become known for holding town meetings around the nation, Mr. Pitt was determined not to have them, he told friends. They said that if Mr. Levitt were seen as orchestrating a campaign for Mr. Biggs to head the oversight board, Mr. Pitt was determined to derail the effort.

Government officials and some of his former law partners at the Wall Street firm of Fried, Frank, Harris, Shriver & Jacobson who were interviewed last week said his fall, though tragic, was unsurprising. They noted that in 1997, the firm announced his five-year appointment as Fried, Frank's co-chairman.

But a year later, following complaints about his style, he relinquished that post even though he was the firm's most profitable rainmaker.

Mr. Pitt's obsession with preventing news leaks was compared by one of his Republican allies on the commission to the self-destructive tendencies of former President Lyndon B. Johnson. Mr. Pitt was so concerned about the premature disclosure of the new accounting board that he refused to tell his fellow commissioners about his choices until the morning of the actual vote, the commissioners complained.

But he never appeared to have fully realized that the selection of the oversight board even remotely threatened his own job.

"I have not the least bit of concern about me personally," he wrote in an e-mail message in the middle of October to a former S.E.C. official who disclosed them on the condition of not being identified. "Nor do I fear for my job. Unless people are lying about it, my status is assured."

"The press coverage does not affect me or my family," he added, even as the editorial pages of virtually all of the nation's most prominent newspapers had by then called for his resignation. "Nothing the press says can worsen what has already happened. In my own heart, I know I am doing a fabulous job for the agency."

"We read the stories," he wrote, referring to himself and his wife, Saree Ruffin Pitt. "When they are negative, we say, as President Reagan did, `There they go again.' "

There were also signs that he had changed over the last year. When he started the job in August 2001, he vowed in an interview to lower the partisanship of the commission, to not make the mistake of Mr. Levitt of making enemies of important lawmakers and to work vigorously to achieve political consensus.

But he then surrounded himself with former top aides to Phil Gramm, the Texas Republican who is widely considered to be among the most combative members of the Senate.

A Promising Beginning

Harvey Lloyd Pitt was born on Feb. 28, 1945, in the Crown Heights section of Brooklyn, 11 years after the creation of the Securities and Exchange Commission. His father, Morris, worked his way up from a deli counter to the management ranks of Waldbaum's supermarkets. His mother, Sara, was a seamstress. Harvey Pitt became the first in his family to get a higher education when he enrolled in Brooklyn College.

In 1968, his last year at St. John's University School of Law in Jamaica, Queens, he argued a case in the regional finals of the national moot court competition. The case would have resonance in the current climate. It involved an investor who sued an accounting firm that had certified the financial statements of a company that had committed fraud.

Mr. Pitt lost the argument but immediately earned the respect of a lawyer from the Securities and Exchange Commission who was the judge of the competition. Even though Mr. Pitt's side lost, the S.E.C. lawyer, Meyer Eisenberg, was so impressed with his performance that he urged him to apply for a job at the commission.

Mr. Pitt did, and he rose swiftly through the ranks. Beginning as a staff attorney, he became a legal assistant to Commissioner Francis M. Wheat a year later. Then he moved to the general counsel's office, and became chief counsel of the S.E.C.'s division of market regulation.

When G. Bradford Cook resigned as the chairman of the commission because of a scandal related to Watergate — the only other time a chairman had resigned in political turmoil — President Richard M. Nixon appointed Ray Garrett Jr. to be his replacement. Mr. Pitt then became Mr. Garrett's top assistant, at the age of 28.

Former S.E.C. officials recalled the time as one of great achievement for Mr. Pitt.

"He was smart," said Mr. Sporkin, the top enforcement official at the agency at the time. "He was a hard worker. He was easy to work with. He had no ego. He was a super guy."

After the Carter administration changed the leadership of the commission, Mr. Pitt left the agency in 1978 and went to Fried, Frank.

His work habits there were legendary. Mr. Pitt worked such long hours that the firm employed three sets of secretaries to keep up with him. His most famous client was Ivan F. Boesky, the Wall Street arbitrageur who pled guilty to insider trading. He ultimately would come to represent virtually every investment bank, accounting firm and stock exchange on the Street.

What Might Have Been

Shortly after he returned to the commission last year to become its chairman, he told a reporter that he had no intention of ever practicing law again.

Last week, one of his former partners at Fried, Frank said that Mr. Pitt's tumultuous time at the commission was unfortunate, and that he gave up an enormous amount personally to fulfill his lifelong dream of becoming chairman.

"There's a wonderful paradox," the partner said. "If Harvey had stayed at Fried, Frank through the last year, he would have had the greatest practice in the world because every troubled company from Enron down would have wanted him to represent them."

Posted by DeLong at November 09, 2002 11:50 AM | Trackback

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And here we see _Manufacturing Consent_ in action. The real issue here is whether the securities markets are going to revert to what they were before the 30's, a playpen for the super rich, but with little relevance to most Americans (and how do you plan to finance your retirement then---well, isn't that an interesting question); or an environment that is generally trusted as sharing the wealth that is generated by corporate America.

But instead of focussing on that we get these bullshit personality pieces on Harvey Pitt's personality. Who the fuck cares about his personality? The issue is---does he see his job as serving the American people, the president, or his friends in corporate America. It was pretty clear that Pitt's agenda from the start had little to do with the American people, and nothing in his stint has changed that impression---this is the issue that matters.

The same question of loyalties is just as relevant to his successor. I don't care how beloved his succesor is, or whether he/she is a democrat, republican or green, or whether he/she thinks like a lawyer, a CEO or an accountant. I care that said successor put the American people first, not the president, not wealthy Americans, not those charming fictitious legal people called corporations.

Posted by: Maynard Handley on November 9, 2002 03:37 PM

Mr Pitt will be sorely missed ... by legions of satirists. He was the perfect caricature of his ilk. Rotund, obtuse, condescending, fortune-favored and terminally self-pitying.

It's not you, Harvey, it's your personality ...

That said, I would have no objection if he were retained as a consultant to the SEC, at some multiple of his current compensation. After all, he does know where the bodies are buried.

Posted by: RonK, Seattle on November 9, 2002 05:34 PM

Maynard, I read that article, and I noticed a similar thing - it focused on personality and tactical issues.

It ignored the obvious comment - Pitt spend the bulk of his career opposiing the SEC (and probably 90% of his career, if measured in money, not years). The only reason to appoint him to head the SEC was to weaken the SEC. That was, of course, before the scandals started hitting the headlines. At that point, Pitt either had to go against his background, display incredible political skill, or crash and burn.


Somebody in blogspace has a tagline, 'when the foxes are in charge of the henhouse, they eat a lot of Coq au Vin'.

But even the Evul Librul NYT couldn't state the obvious, when it'd hit home so well. I expect that the next appointee will have a similar anti-SEC background. And the press will go lightly on the obvious then, as well.


Posted by: Barry on November 10, 2002 06:07 AM

Krugman did say awhile back that Pitt was hired for the specific purpose of not doing his job. But he seems to be a voice crying in the wilderness. The Times article might be correct in reporting that he wasn't fired for any substantive reason, but because he offended people within the administration and made them look bad.

Pitt has made a statement indicating that he thinks of himself as a sacrificial victim and is not aware of any problems at all with his performance. (Back to the psychology: I really suspect that Pitt has been influenced by one of those creepy New Age self-help management handbooks of the Believe in Yourself and You Will Succeed type.)

Since the election I have been grousing about the inability of the Dems to capitalize on Enron, Worldcom, and the other corporate governance/ fraud issues, in which Bush, Gramm, and the others were deeply implicated. It's not surprising, though, since Sen. Lieberman was the Senate point man for the Enron case, even though he had been Arthur Anderson's voice in the Senate for years.

These issues are weighty ones, almost certainly with major long-term consequences, and a lot of individuals were badly hurt. (The noxious George Will recently expressed his satisfaction that the electorate has responded in a wise and sophisticated -- passive -- way to all these disasters). There should have been real outrage and real consequences.

To me that's where the DLC mantra "Democrats can't be anti-business" gets you. And apparently, according to the internet buzz, the lesson of this election is apparently that the Dems, whatever they do, should NOT "move to the left". And taking on corporate fraud would be "moving to the left", so I guess it's not going to happen.

Now I am indeed a leftist, but I am realistically aware that my main function in our polity today is to stand and watch. It does seem to me, though, that corporate fraud is really an appropriate issue for moderates. We just don't happen to have any moderates with any backbone either.

Posted by: zizka on November 10, 2002 07:56 AM

"The real issue here is whether the securities markets are going to revert to what they were before the 30's, a playpen for the super rich, but with little relevance to most Americans (and how do you plan to finance your retirement then---well, isn't that an interesting question); or an environment that is generally trusted as sharing the wealth that is generated by corporate America."

This is an especially important question, echoed by the likes of John Bogle. The concern is that we are tending to a democracy with a declining middle class.

Posted by: on November 10, 2002 10:19 AM

Unless the SEC and new accounting board act agressively for shareholders, stock and bond investment will continue to be an excessively risky and low return means of saving for middle class investors. Middle class investors do have their homes to rely on, but they must build up invested wealth beyond their homes. It is essential that there be fair investment opportunites for all investors, and there is little chance of this unless the middle class has vigorous advocates on the SEC and accounting board.

Posted by: on November 10, 2002 11:01 AM

"But instead of focussing on that we get these bullshit personality pieces on Harvey Pitt's personality. Who the fuck cares about his personality?"

I totally agree with you, but the press conducts itself this way all the time. I once heard Thomas Friedman (NYT columnist; on NPR's "Fresh Air," as I recall) say that he was much more interested in people than in policies.

Best,

Posted by: Stephen J Fromm on November 10, 2002 05:39 PM

The personality is important because Pitt showed himself to be far different from the amazing lawyer he was billed to be. The snarky comments about the skills of the corporate law bigshots of NY are completely inconsistent with what I've seen practicing law. By and large, the people with Pitt's reputation are an amazing group, who are very tuned in to how their actions will be perceived by their intended audiences -- which, on a complex deal, can be the stock market, their client's board of directors, their client's management, a bidder, a state legislatute, the SEC and other regulatory bodies all at the same time. Pitt was billed as a superstar, but he showed an appalling inability to achieve his own objectives. Whether it was arrogance or incompetence is no matter, he gave his enemies everything they needed and more, which is not something you'd expect from a titan of the corporate bar.

Posted by: pj on November 11, 2002 04:10 PM
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