Release Date: November 5, 2007
Contact: Lynnette Kelly Hotchkiss, Executive Director
(703) 797-6600
lhotchkiss@msrb.org
STATEMENT BY THE MSRB IN RESPONSE TO THE SEC’S DECISION
IN THE SISUNG MATTER
Alexandria, VA – We have read with interest
the SEC’s decision In the Matter of the Applications of SISUNG SECURITIES
CORPORATION and LAWRENCE J. SISUNG, JR. involving Rule G-37 on political
contributions and prohibitions on municipal securities business. In reaching
its conclusions, the SEC applied the rule to the facts presented in this case.
As the SEC stated, “Rule G-37 serves a compelling government interest…and is
essential to diminish pay-to-play practices in the municipal securities
market.”
The SEC asks that the MSRB consider whether it may be
appropriate to amend the rule, “recognizing that the MSRB must be mindful, in
considering any amendment to the rule, to consider constitutional
limitations.” We would be pleased to consider whether an amendment to Rule
G-37 – including an amendment to the definition of issuer official – may be
necessary and appropriate. The Board will take up this matter in the near
future.
The MSRB’s statutory mandate is to protect investors and the
public interest in connection with dealer activities in the municipal
securities market. The municipal securities market is one of the world’s
leading securities markets, and maintaining the integrity of this market is of
the utmost importance to the MSRB. “Pay-to play” harms the integrity of
the underwriter selection process, and the market in general. The MSRB adopted
Rule G-37 in 1994 to protect investors and the public interest by ensuring that
the high standards and integrity of the municipal securities industry are
maintained. We believe that the rule has been very successful in severing the
connection between the making of political contributions and the awarding of
municipal securities business, thereby removing conflicts – real or perceived –
and fostering the integrity of the market. The rule was drafted with respect
for the Constitutional rights of individuals to participate fully in the
political process. Similarly, all amendments to Rule G-37 have and will
continue to take into account the Constitutional constraints that must be
observed.