SEC Must Turn Over Pequot Records

Apr 30 2008 | 7:04am ET

The Securities and Exchange Commission may be ruing the day it fired Gary Aguirre.

The former SEC lawyer, who claims he was fired when his investigation of insider trading at hedge fund Pequot Capital got too close to Morgan Stanley CEO John Mack, won a court battle with the regulator this week for thousands of pages of documents relating to his employment with the SEC and his investigation of Pequot.

The SEC was ordered by a federal judge in Washington to turn over the transcripts of interviews with Pequot founder Arthur Samberg, the firm’s trading records, e-mails of SEC staffers and other documents—with some exceptions—under a Freedom of Information Act request filed by Aguirre, who is seeking evidence to back up his claim that his firing was part of an SEC cover-up to protect Mack. It also has to demonstrate that it did a sufficiently through search for the missing pages from Aguirre’s personnel file, which has already been turned over to its former staffer. The agency had claimed that the Pequot-related files were protected under confidentiality clauses in the Investment Advisors Act.

The judge has set a conference between the parties on June 17.


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