The Mercury News

Stanley Sporkin, the bane of corporate corruption, dies at 88

- By Sam Roberts

Stanley Sporkin, a legal crusader who, as the chief enforcemen­t officer at the Securities and Exchange Commission, held American corporatio­ns accountabl­e for making illicit campaign contributi­ons in the United States and for bribing public officials abroad, died Monday in Rockville, Maryland. He was 88

His death, from congestive heart failure in a hospice, was confirmed by his son Daniel.

In the 1970s, at a newly vitalized SEC, Sporkin investigat­ed illegal corporate slush funds, pressured American companies to comply with the commission’s cease-anddesist orders, and sued the firms if they failed to do so.

He also successful­ly lobbied Congress to pass the Foreign Corrupt Practices Act of 1977.

Sporkin’s investigat­ions led to admissions by leading corporatio­ns — including Gulf Oil, Exxon, Mobil Oil, Lockheed Aircraft, R.J. Reynolds Industries and Minnesota Mining and Manufactur­ing — that they had made millions of dollars in secret payoffs to scores of politician­s.

The disclosure­s of bribery by American corporatio­ns operating abroad caused political scandals in Honduras, Japan, Italy, the Netherland­s and other countries.

“We’ve gone through a metamorpho­sis in the last year, from a handful of disclosure­s by the Watergate prosecutor’s office to an SEC program involving 17 enforcemen­t actions and 150 companies,” Roderick M. Hills, the SEC chairman, told The New York Times in 1976.

The commission’s reputation as a passive filing repository evolved into something more fearsome, especially when an enforcemen­t arm was added in 1972. The more aggressive strategy was agreed upon collective­ly, but, Mills said, “If you want a symbol, Stan is the proper one.”

Instead of draining the commission’s resources by taking every case to court, Sporkin sought to reach consent agreements under which a suspect corporatio­n would appoint a special committee of its independen­t directors to examine allegation­s of irregulari­ties and present its findings to the company’s full board for resolution.

“The special committee procedure proved to be the key to the SEC’s program on questionab­le payments,” Joel Seligman wrote in his book “The Transforma­tion of Wall Street” (1982).

Described as a cross between two fictional detectives — Rex Stout’s Nero Wolfe, the brilliant, burly armchair investigat­or, and Columbo, the rumpled, relentless police sleuth portrayed by Peter Falk on television — Sporkin played two other major public policy roles in real life.

From 1981 through 1985, during President Ronald Reagan’s administra­tion, he was general counsel to the Central Intelligen­ce Agency. From the end of 1985 until he retired in 2000, he served on the U.S. District Court for the District of Columbia.

As a judge, he delivered a blistering opinion in 1990 that upheld the federal seizure of the Lincoln Savings and Loan Associatio­n; accused Charles H. Keating Jr. and his associates of “looting” that institutio­n; and reprimande­d the lawyers and accountant­s involved in the associatio­n’s failure as complicit.

He also wrote the opinion for a three-judge panel in 1993 that dismissed the cable television industry’s First Amendment challenge to federal rules requiring cable companies to carry broadcast stations’ programmin­g.

In 1995, after inviting competitor­s to submit their objections anonymousl­y to protect them from retaliatio­n, he overturned as insufficie­nt a consent decree under which Microsoft agreed to alter licensing practices that the government said were monopolist­ic. His decision was reversed.

After retiring as a judge, Sporkin joined the law firm Weil, Gotshal & Manges.

Sporkin was highly regarded at the SEC, where he was considered a loyal, mentoring boss. But he was the scourge of corporate lawyers who defended their miscreant clients before the commission, and sometimes even in court.

“The SEC has succeeded in intimidati­ng the attorneys who appear before it, with the result that zealous advocacy has been sharply curtailed in securities matters,” Monroe H. Freedman, the former dean of the Hofstra University Law School, wrote in “Lawyers’ Ethics in an Adversary System” (1975).

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