Hear No Evil, See No Evil: Former SEC Official Says He Doesn’t Think Rep. Bachus Is Guilty of Insider Trading
As the Office of Congressional Ethics begins its investigation into the insider trading allegations leveled by Breitbart editor Peter Schweizer and 60 Minutes against Rep. Spencer Bachus (R-AL), a former Security and Exchange Commission official who now makes his money consulting individuals and corporations on financial regulatory or enforcement matters says he believes Mr. Bachus did nothing wrong.
“I haven’t seen anything that would indicate a law violation, in my view,” Stanley Sporkin told the Birmingham News. “I don’t see why he would need my services. It’s not necessary.”
According to Larry Lavender, Rep. Bachus’s campaign manager:
“A friend of Congressman Bachus’ who knows Judge Sporkin asked Judge Sporkin if he might be of assistance in this matter,” said Bachus’ campaign manager Larry Lavender. He said Bachus’ lawyer gave the documents to Sporkin with the intention of hiring him as a consultant, but Sporkin “did not see any reason that he should be retained,” Lavender said.
If Rep. Spencer Bachus is not found to have engaged in using nonpublic information for personal gain, then it is unlikely that any member of Congress ever will be.
According to the Birmingham News, “Sporkin said he did not see evidence of insider trading because it was broadly known at that time that the economy was on the brink.”
That bit of revisionist history may benefit Rep. Bachus’s defense, but it belies the facts.
On October 6, 2008, CNBC’s Jim Cramer went on the TODAY Show and told Americans: “whatever money you may need for the next five years, please, take it out of the stock market right now—this week. I do not believe that you should risk those assets in the stock market.”
The host pressed Mr. Cramer, saying, “Very dramatic statement, Jim. Very dramatic statement.” “I thought about this all weekend,” said Cramer. “I do not want to say these things on TV.”
In the wake of Cramer’s comments, Mr. Cramer was strongly criticized as being alarmist and causing a market panic.However, three weeks prior, Rep. Bachus–who was then the ranking Republican on the House Financial Services Committee—had access to high-level private meetings and phone conversations with then-Treasury Secretary Henry Paulson, among other senior financial officials, that let him know in advance what Jim Cramer would later be criticized for saying publicly.
Indeed, according to Peter Schweizer, on September 18, 2008, Bachus and congressional leaders received a private briefing from Mr. Paulson and Federal Reserve chairman Ben Bernanke inside then-Speaker Nancy Pelosi’s office. Bernanke warned of a total financial meltdown in a matter of days. The very next day, September 19th, Bachus shorted the market by buying contract options on Proshares Ultra-Short QQQ, an index fund that strives for results 200% of the inverse of the Nasdaq 100. He nearly doubled his money when he sells his shares four days later for over $13,000.
In total, from July to November 2008, by executing well-timed, highly risky options trades throughout the turbulent period, Congressman Bachus made at least 40 trades that netted him as much as $50,000 in capital gains.
The argument that “everyone knew the markets were in meltdown” is a farce. Rep. Bachus was aggressively trading while ducking in and out of meetings that were so secretive participants were forced to hand over their cell phones before entering them. Again, even three weeks after said meetings, CNBC’s Jim Cramer was being blasted as a doomsayer for telling people to protect their assets, just as Rep. Bachus had already done weeks prior. Put simply, the public did not know what Rep. Bachus knew–information that led him to maneuver his money and protect his assets.
The “logic” offered by Stanley Sporkin that everyone already knew “the economy was on the brink” brings to mind the classic insider trader’s defense used by almost all those accused of the crime: “I didn’t know anything special. Nothing to see here.” It’s the kind of defense reminiscent of Enron’s executives: “Everyone knew the company was in trouble. Everyone knew what I knew.”
Whether the Office of Congressional Ethics will buy into Rep. Bachus’s story remains to be seen. According to the Birmingham News, it is presently unclear whether the Office of Congressional Ethics will complete its investigation of Rep. Bachus prior to the March 13 Republican primary for Alabama’s 6th Congressional District.
![]()
Originally from Big Government














