United States Securities and Exchange Commission Office of Inspector General Report of Investigation: Destruction of Records Related to Matters Under Inquiry and Incomplete Statements to the National Archives and Records Administration Regarding that Destruction by the Division of Enforcement. Case No. OIG-567

摘要

On June 15, 2011, the Securities and Exchange Commission (SEC or Commission) Office of Inspector General (OIG) opened an investigation into allegations made in a letter of the same date from Gary Aguirre, counsel for Darcy Flynn, a senior counsel in the SEC Division of Enforcement (Enforcement), to Chairman Mary Schapiro. The letter alleged that Enforcement has improperly destroyed records relating to Matters Under Inquiry (MUIs) over the past two decades, and that the SEC made misleading statements in an August 27, 2010 response to a July 29, 2010 letter from the National Archives and Records Administration (NARA) concerning the SECs potential unauthorized destruction of MUI records. On September 6, 2011, Flynn and his attorney raised new allegations that the SEC does not have authority to destroy three categories of documents that are currently not scheduled: (1) documents produced by third parties; (2) internal work product; and (3) internal e-mails.