New York Post

Clawing for blood

SEC clash over bigwig pay rule

- By KEVIN DUGAN kdugan@nypost.com

Call it the long arm of the “claw.”

Wall Street’s top cops proposed a controvers­ial new rule on Wednesday that would require companies to claw back certain compensati­on paid to executives caught juicing the books.

The proposal, from Securities and Exchange Commission Chair Mary Jo White, is aimed at stopping executives from keeping incentiveb­ased compensati­on if they fudged the numbers to achieve the results that triggered the incentives.

“The proposed rules would result in increased accountabi­lity and greater focus on the quality of financial reporting, which will benefit investors and the markets,” White said in a statement.

But the 198page proposal, required by the 2010 Dodd Frank financial reform laws, has sparked a deep division at the SEC, with two commission­ers engaged in a war of words over how far the rule should go.

Michael Piwowar, a Republican appointed by President Obama, quoted Yankee Hall of Famer Yogi Berra in ripping White’s proposal.

“The future ain’t what it used to be,” Piwowar wrote in prepared remarks.

While a “properly de signed” rule could be good for investors, Piwowar said, this proposal falls short — and could hurt shareholde­rs.

“Unfortunat­ely, the broad approach of today’s proposal is likely to impose a substantia­l commitment of shareholde­r resources and, unintentio­nally, result in a further increase in executive compensati­on,” he said.

But Kara Stein, also an Obama SEC appointee who usually favors tougher bank regulation, said that clawbacks are nothing new in the wake of Enron, Lehman and WorldCom.

“‘Clawing back’ illgotten compensati­on is not a new concept,” she said.

“Some public company executives pocketed hefty sums, not for success, but for putting themselves before shareholde­rs and before longterm company performanc­e,” she added.

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