Gary J. Aguirre
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Gary J. Aguirre is an American
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
, former investigator with the
United States Securities and Exchange Commission The United States Securities and Exchange Commission (SEC) is an independent agencies of the United States government, independent agency of the United States federal government, created in the aftermath of the Wall Street crash of 1929. Its ...
(SEC) and
whistleblower Whistleblowing (also whistle-blowing or whistle blowing) is the activity of a person, often an employee, revealing information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe, unethical or ...
. After working in a law firm briefly, he became a public defender, then worked as a trial lawyer in California. Having reached his professional and financial goals, he took an extended break in 1995. In 2000, he decided to go into public service and went back to law school, focusing on international and securities law. After earning his second law degree, he applied for a job with the SEC, where he became the lead investigator on an
insider trading Insider trading is the trading of a public company's stock or other securities (such as bonds or stock options) based on material, nonpublic information about the company. In various countries, some kinds of trading based on insider informati ...
case involving Pequot Capital Management. Suspecting the leaked information came from John J. Mack, a
Wall Street Wall Street is a street in the Financial District, Manhattan, Financial District of Lower Manhattan in New York City. It runs eight city blocks between Broadway (Manhattan), Broadway in the west and South Street (Manhattan), South Str ...
titan and major contributor to the 2004 campaign of President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
, Aguirre wanted to
subpoena A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
Mack, but supervisors told him Mack had too much "political clout" and would not be pursued. Aguirre complained to a superior about the preferential treatment being given to Mack and was fired without warning. A Senate investigation later found his termination to have been an illegal reprisal."The Firing of an SEC Attorney and the Investigation of Pequot Capital Management."
Report by the United States Senate Committees on Finance and Judiciary. (August 3, 2007) Retrieved February 20, 2011
In May 2010, Pequot Capital settled its insider trading charges with the SEC for $28 million and a month later, the SEC settled the
wrongful termination In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been termination of employment, terminated by the employer, where the termination breaches one o ...
suit filed by Aguirre for $755,000.Courtney Comstock
"Former SEC Whistleblower Gary Aguirre Gets Vindication For His Pursuit Of John Mack"
Business Insider ''Business Insider'' (stylized in all caps: BUSINESS INSIDER; known from 2021 to 2023 as INSIDER) is a New York City–based multinational financial and business news website founded in 2007. Since 2015, a majority stake in ''Business Inside ...
(June 30, 2010). Retrieved February 18, 2011
Aguirre returned to private practice in San Diego in 2008, specializing in securities law. He has emerged as a major critic of the SEC, calling it an agency that was set up to protect the public from Wall Street, but now protects Wall Street from the public.Don Bauder
"Gary Aguirre Major Source in Taibbi Blockbuster"
''San Diego Reader'' blog post (February 17, 2011). Retrieved February 19, 2011
Liz Moyer

''Forbes'' (May 15, 2009). Retrieved March 1, 2011
He represents Darcy Flynn, also an SEC whistleblower, who in summer 2011 was interviewed by staff from three congressional committees. He said that the SEC had destroyed thousands of records of preliminary investigations and that SEC investigators trying to pursue a case against
Deutsche Bank Deutsche Bank AG (, ) is a Germany, German multinational Investment banking, investment bank and financial services company headquartered in Frankfurt, Germany, and dual-listed on the Frankfurt Stock Exchange and the New York Stock Exchange. ...
were thwarted by Richard H. Walker, then SEC director of enforcement, who shortly thereafter, took a job at Deutsche Bank as general counsel.Matt Taibbi
"Is the SEC Covering Up Wall Street Crimes?"
''Rolling Stone'' (August 17, 2011). Retrieved August 19, 2011
He also represents Rodolfo Michelon, a whistleblower, a former
comptroller A comptroller (pronounced either the same as ''controller'' or as ) is a management-level position responsible for supervising the quality of accountancy, accounting and financial reporting of an organization. A financial comptroller is a senior- ...
at Sempra Global, who claims Sempra paid kickbacks to Mexican government officials and has filed a suit against the SEC alleging the SEC "outsourced" its investigation of Sempra to a law firm with ties to Sempra, in effect subverting the law.Matt Reynolds
"SEC Kowtows to Fortune 500 on Corruption 'Investigations,' Whistleblower Says"
Courthouse News Service (April 27, 2012). Retrieved May 3, 2012


Enters private practice

Aguirre is a lawyer in
San Diego San Diego ( , ) is a city on the Pacific coast of Southern California, adjacent to the Mexico–United States border. With a population of over 1.4 million, it is the List of United States cities by population, eighth-most populous city in t ...
, California. He was admitted to the State Bar of California on December 23, 1966.Gary Aguirre v. Securities and Exchange Commission, Case 1:08-cv-01872-ESH, Second Amended Complaint.
United States District Court for the District of Columbia The United States District Court for the District of Columbia (in case citations, D.D.C.) is a United States district court, federal district court in Washington, D.C. Along with the United States District Court for the District of Hawaii and ...
. Filed April 1, 2009, pp. 2–4
He became an associate at Brobeck, Phleger & Harrison, then one of
San Francisco San Francisco, officially the City and County of San Francisco, is a commercial, Financial District, San Francisco, financial, and Culture of San Francisco, cultural center of Northern California. With a population of 827,526 residents as of ...
's largest firms. In his spare time, worked on Robert F. Kennedy's presidential campaign.Claude Walbert, "Coming Home: Gary Aguirre's return to San Diego". ''San Diego Lawyer'' (September/October 2007) pp. 16–20. On May 28, 1968, Kennedy sent him a letter that spoke of the special role lawyers played in bringing about orderly change to the nation. Just eight days after sending the letter, Kennedy was assassinated. After a year, Aguirre left Brobeck to become a public defender in Fresno County, where he found both the trial experience and public service he was seeking. Later moving back to private practice in San Diego, he made a name for himself by proving that Pacific Southwest Airlines (PSA) was liable for a mid-air plane crash over San Diego in 1978, then the worst aviation disaster in U.S. airspace. In the 1980s, Aguirre pioneered construction-defect
litigation A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. ...
, a branch of class-action lawRicardo Sandoval
"When the roof falls in"
(PDF) ''California Lawyer'' (September 1992) Retrieved February 18, 2011
previously considered by San Diego lawyers to be too difficult for
plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the ...
s to win. In 1983, '' San Diego Magazine'' called him "a legal fireball" for his case proving PSA's liability and for his case against the Manville Corporation, which had national importance."83 San Diegans to Watch in '83". ''San Diego Magazine'' (January 1983) p. 105Raymond A. Joseph, "Rescon Walls Cause Trouble for Manville", ''
The Wall Street Journal ''The Wall Street Journal'' (''WSJ''), also referred to simply as the ''Journal,'' is an American newspaper based in New York City. The newspaper provides extensive coverage of news, especially business and finance. It operates on a subscriptio ...
'' (December 28, 1982).
Arguing on behalf of homeowners in construction-defect cases, by 1994, Aguirre and his partner had won 94 consecutive cases, recovering over $200 million for the plaintiffs. Aguirre has received three "Outstanding Trial Lawyer" awards from the San Diego Trial Lawyers Association.


Manville

In the early 1970s, Manville Corporation, a Dow Jones companyJohns Manville company history
Johns Manville. Received March 3, 2011
sold a
stucco Stucco or render is a construction material made of aggregates, a binder, and water. Stucco is applied wet and hardens to a very dense solid. It is used as a decorative coating for walls and ceilings, exterior walls, and as a sculptural and ...
-like product for use on exterior walls. Within a short time, the product was found to be defective and deteriorate rapidly, causing significant damage to homes and buildings.Lynne Reaves
"A bond in time"
'' ABA Journal'' (July 1984). Retrieved February 27, 2011
Manville pulled the product off the market in 1974, just four years after it was introduced. In the course of preparing his case, Aguirre began monitoring Manville in October 1981, when the company undertook a reorganization that moved 75% of its assets to four of five new companies it created.Larry Keller, "Aguirre Against Ch. 11 for Manville", '' San Diego Daily Transcript'' (October 28, 1982). Front page. The board of directors and officers remained in the same positions, so nothing essential changed; except the assets were diverted. Aguirre became convinced Manville was trying to put its assets beyond the reach of
unsecured creditor An unsecured creditor is a creditor other than a preferential creditor that does not have the benefit of any security interests in the assets of the debtor. In the event of the bankruptcy of the debtor, the unsecured creditors usually obtain a '' ...
sMichael A. Hiltzik, "A Hunch Could Pay Off in Manville Case", ''
Los Angeles Times The ''Los Angeles Times'' is an American Newspaper#Daily, daily newspaper that began publishing in Los Angeles, California, in 1881. Based in the Greater Los Angeles city of El Segundo, California, El Segundo since 2018, it is the List of new ...
'' (December 15, 1982).
and when he went to trial, he accurately predicted the company would file between 45 and 60 days. The three-month-long trial concluded with Aguirre winning a $6 million award against Manville, at that time, the largest amount in San Diego
Superior Court In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil ...
history.Larry Keller, "Manville Ordered To Pay $6 Million For Faulty Stucco", ''San Diego Transcript'' (July 2, 1982). The amount was later increased to $7.5 million when delay
damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at ...
were added. On July 2, 1982, the day after winning his lawsuit against Manville, Aguirre went back to court to ask that Manville be required to post a $9 million bond to guarantee his clients'
judgment Judgement (or judgment) is the evaluation of given circumstances to make a decision. Judgement is also the ability to make considered decisions. In an informal context, a judgement is opinion expressed as fact. In the context of a legal trial ...
in case of a bankruptcy filing, arguing that Manville was on the verge of filing a
Chapter 11 Chapter 11 of the United States Bankruptcy Code ( Title 11 of the United States Code) permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy, is available to every business, w ...
bankruptcy.At the beginning of the trial in March, Aguirre predicted Manville would declare
bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the deb ...
in 45 to 60 days and asked the judge then to guarantee his clients'
judgment Judgement (or judgment) is the evaluation of given circumstances to make a decision. Judgement is also the ability to make considered decisions. In an informal context, a judgement is opinion expressed as fact. In the context of a legal trial ...
. The request was denied because at the time, Manville seemed financially sound with $2.2 billion in assets; also, no Dow Jones company had ever declared bankruptcy. (See Raymond A. Joseph, "Rescon Walls Cause Trouble for Manville", ''
The Wall Street Journal ''The Wall Street Journal'' (''WSJ''), also referred to simply as the ''Journal,'' is an American newspaper based in New York City. The newspaper provides extensive coverage of news, especially business and finance. It operates on a subscriptio ...
'', December 28, 1982; and Michael A. Hiltzik, "A Hunch Could Pay Off in Manville Case", ''
Los Angeles Times The ''Los Angeles Times'' is an American Newspaper#Daily, daily newspaper that began publishing in Los Angeles, California, in 1881. Based in the Greater Los Angeles city of El Segundo, California, El Segundo since 2018, it is the List of new ...
'', December 15, 1982.)
Agreeing with Aguirre's argument, the judge ordered Manville to post a bond."Was Aguirre Prophetic on Manville Filing?" ''San Diego Daily Transcript'' (October 28, 1982) Eight weeks later, on August 26, 1982, Manville did file for Chapter 11 protection from multiple damage awards, shocking
financial analyst A financial analyst is a professional undertaking financial analysis for external or internal clients as a core feature of the job. Unlike the more than 12,000 other plaintiffs, primarily
asbestos Asbestos ( ) is a group of naturally occurring, Toxicity, toxic, carcinogenic and fibrous silicate minerals. There are six types, all of which are composed of long and thin fibrous Crystal habit, crystals, each fibre (particulate with length su ...
cases, Aguirre's clients' judgment was insured by a $9 million bond. All lawsuits against Manville were immediately stayed, but a federal bankruptcy judge in New York separated Aguirre's case from the others, paving the way for Aguirre's clients to receive their payments.Larry Keller, "Costa Viva Can Press Manville", ''San Diego Daily Transcript'' (December 15, 1982). Front page. The thousands of other lawsuits remained frozen until May 1988.


SEC investigator, becomes whistleblower

In July 2004, Aguirre entered
public service A public service or service of general (economic) interest is any service intended to address the needs of aggregate members of a community, whether provided directly by a public sector agency, via public financing available to private busin ...
as a senior
counsel A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''. The word ''counsel'' can also mean advice given ...
at the SEC Division of EnforcementGary J. Aguirre v. Securities and Exchange Commission, Civil Action No. 08-1872 (ESH).
United States District Court for the District of Columbia The United States District Court for the District of Columbia (in case citations, D.D.C.) is a United States district court, federal district court in Washington, D.C. Along with the United States District Court for the District of Hawaii and ...
(December 2, 2009)
in Washington, D.C. A routine check of Wall Street trades flagged unusually heavy stock purchases by Pequot Capital Management, a
hedge fund A hedge fund is a Pooling (resource management), pooled investment fund that holds Market liquidity, liquid assets and that makes use of complex trader (finance), trading and risk management techniques to aim to improve investment performance and ...
, in Heller Financial in July 2001, which was bought by GE Capital shortly thereafter, earning Pequot $18 million inside of a month.S.D. Liddick
"The Devil and Gary Aguirre"
''San Diego Magazine'' (August 2008). Retrieved February 18, 2011
Aguirre was made the lead investigator on the case.Senate report, pp. 11–14
"The Firing of an SEC Attorney and the Investigation of Pequot Capital Management." Joint report by the United States Senate Committee on Finance and the Senate Judiciary Committee (August 3, 2007). Retrieved February 20, 2011
Aguirre pushed to subpoena John Mack, a top Wall Street executive who was then under consideration by
Morgan Stanley Morgan Stanley is an American multinational investment bank and financial services company headquartered at 1585 Broadway in Midtown Manhattan, New York City. With offices in 42 countries and more than 80,000 employees, the firm's clients in ...
to become its CEOMatt Renner
"SEC Whistleblower Speaks on Madoff Fraud"
Truthout Truthout is an American Nonprofit organization, non-profit Progressivism in the United States, progressive news organization which describes itself as "dedicated to providing independent reporting and commentary on a diverse range of social just ...
(December 22, 2008). Retrieved February 18, 2011
and had been a major contributor to the 2004 presidential campaign of George W. Bush. Initially, Aguirre had the full support of other SEC staff and of his supervisors. This changed on June 23, 2005, when Aguirre received a phone call from Eric Dinallo, head of
regulatory compliance In general, compliance means conforming to a rule, such as a specification, policy, standard or law. Compliance has traditionally been explained by reference to deterrence theory, according to which punishing a behavior will decrease the viol ...
at Morgan Stanley, who wanted to know if the SEC was "going to proceed against Mack" because of concerns revolving around Morgan Stanley's decision to hire Mack as CEO.Senate report, pp. 28–29
"The Firing of an SEC Attorney and the Investigation of Pequot Capital Management." Joint report by the United States Senate Committee on Finance and the Senate Judiciary Committee (August 3, 2007). Retrieved February 20, 2011
The same day, Aguirre's supervisor, Robert Hanson, told him it would be an uphill battle to pursue Mack because of Mack's "powerful political connections"."The Firing of an SEC Attorney and the Investigation of Pequot Capital Management."
Report by the United States Senate Committees on Finance and Judiciary. (August 3, 2007), p. 59. Retrieved February 20, 2011


Investigation derailed

Just three days after the call to Aguirre, Mary Jo White placed a call to Linda Chatman Thomsen. Thomsen was then SEC Director of Enforcement and Aguirre's boss four levels above him."The Firing of an SEC Attorney and the Investigation of Pequot Capital Management."
Report by the United States Senate Committees on Finance and Judiciary. (August 3, 2007), pp. 9–10. Retrieved February 20, 2011
White is a partner at Debevoise & Plimpton, the law firm hired by Morgan Stanley to vet Mack and was in charge of the process She had previously been the U.S. Attorney for the Southern District of New York which has jurisdiction over Wall Street. Though Thomsen told the Senate she told White she couldn't say anything about the Mack investigation, the Senate report said White's talking points indicated Thomsen had said there was "smoke" but "surely not fire". Over the next two days, Aguirre sent his supervisors his analysis of the evidence against Pequot and proposed interviewing Mack. On June 28, he had a "heated discussion" with Mark Kreitman, one of his supervisors and his former professor at Georgetown, over the SEC's refusal to interview Mack. In the meantime, he was given his year-end performance evaluation, which noted his dedication. Hanson wrote, " guirre/nowiki> has consistently gone the extra mile, and then some," and a two-step salary increase was approved.Walt Bogdanich and Gretchen Morgenson
"S.E.C. Is Reported to Be Examining a Big Hedge Fund."
''New York Times.'' (June 23, 2006) Retrieved February 18, 2011
A month later, on July 27, 2005, Aguirre sent an e-mail to his supervisor Paul R. Berger, explaining the importance of the Mack subpoena and expressing concern that "treating Mack differently is otconsistent with the Commission's mission,"SEC Settles with Aguirre"
Government Accountability Project (June 29, 2010) Retrieved February 21, 2011
which is "to protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation." In this e-mail, Aguirre also reported to Berger that Hanson had said Mack had "political connections".


Retaliation

After Aguirre raised concerns about the special treatment being given Mack, Berger told Hanson to do a "supplemental evaluation" of Aguirre and one other staff attorney "looking to raise trouble". The Senate report notes that such re-evaluations were not an authorized part of the SEC evaluation process, nor were SEC officials able to recall other instances where "supplemental evaluations" were drafted for other employees.Senate report, p. 70
"The Firing of an SEC Attorney and the Investigation of Pequot Capital Management." Joint report by the United States Senate Committee on Finance and the Senate Judiciary Committee. (August 3, 2007). Retrieved February 20, 2011
Aguirre continued to have conversations with Hanson about Mack in the early days of August. Hanson continued to refer to Mack's political connections and on August 4, 2005 wrote, "Mack's counsel will have 'juice' as I described last night—meaning that they may reach out to Paul and Linda (and possibly others)." Apparently setting a precedent, Aguirre's supervisors re-evaluated his job performance, reversing the positive appraisal given just one month prior. While on vacation, Aguirre was abruptly fired without warning on September 1, 2005. His termination was later found to have been unlawful by the subsequent Senate investigations and report. Berger stopped the investigation of Mack and closed the case against Pequot without filing a single charge.Zachary A. Goldfarb

''The Washington Post'' (June 30, 2010) Retrieved February 18, 2011
A few months prior, on January 31, 2005, Berger had gotten an e-mail from Jan Lower, another attorney, describing in detail the $2 million potential earnings an SEC official could earn at Debevoise. On September 8, 2005, just days after Aguirre was fired, an SEC official at the same staff level as Berger wrote an e-mail to him titled "Debevoise", saying he had mentioned Berger's "interest" to White and within weeks, it was rumored that Berger would be leaving the SEC to join Debevoise & Plimpton as a partner. Berger submitted his resignation to the SEC on May 15, 2006 and on June 1, 2006 became a partner at Debevoise & Plimpton,Walt Bogdanich and Gretchen Morgenson

''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' (October 22, 2006) Retrieved February 18, 2011
where he continues to work. White denies asking the SEC to close any investigation.


Vindication by the Senate

Aguirre wrote an 18-page letter to members of the U.S. Senate who were chairmen of various related committees and subcommittees, detailing his allegations about Pequot. Senators Charles E. Grassley and Richard C. Shelby, both Republicans, asked SEC officials for a confidential briefing on the matter. Aguirre accused the SEC of failing to pursue Mack because of his political connections as a major fundraiser for
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
."S.E.C. Lawyer Claims Firing Over Fund Inquiry"
''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' (June 28, 2006). Retrieved February 18, 2011
By 2006, both the Senate Finance Committee and the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...
were investigating the matter, culminating in what ''
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'' magazine called a "scathing" report.Liz Moyer
"Scales Of Justice Look Skewed For Rajaratnam, Samberg"
''Forbes'' magazine (May 27, 2010). Retrieved February 21, 2011
In testimony, Aguirre told the committee there needed to be better regulation of hedge funds to protect the public. He said, "There is growing evidence that today's unregulated hedge funds have advanced and refined the practice of manipulating and cheating other market participants. The potential harm hedge funds can inflict on other market participants has no real limits."Aguirre's Senate testimony
U.S. Senate Judiciary Committee (June 28, 2006). Retrieved March 3, 2011
He warned that fixing the SEC so it would protect investors and
capital market A capital market is a financial market in which long-term debt (over a year) or equity-backed securities are bought and sold, in contrast to a money market where short-term debt is bought and sold. Capital markets channel the wealth of savers ...
s would not be easy because powerful Wall Street investment banks liked things as they are He said the SEC and the Justice Department had failed to adequately prosecute abuses by hedge funds, and he compared the situation to that which preceded the stock market crash of 1929. In the Senate's oversight role, it conducted an extensive investigation of whether or not Mack received unlawful preferential treatment from the SEC and whether or not Aguirre was unlawfully fired as a result of objecting to this treatment. The Senate reviewed 10,000 pages of documents and held more than 30 witness interviews. Additionally, there were three hearings before the Senate Judiciary Committee in June, September and December 2006."Gary J. Aguirre v. Securities and Exchange Commission, Civil Action No. 06-1260 (ESH)"
United States District Court for the District of Columbia The United States District Court for the District of Columbia (in case citations, D.D.C.) is a United States district court, federal district court in Washington, D.C. Along with the United States District Court for the District of Hawaii and ...
(April 28, 2008). Google Scholar. Retrieved March 1, 2011
The joint report was officially released August 3, 2007. The Senate found Aguirre to have been well regarded until he questioned the SEC's misconduct toward Mack, that Mack was treated preferentially and that Aguirre was illegally fired in retaliation.


Court vindication and settlement

Aguirre then sued the SEC under the Freedom of Information Act (FOIA) seeking documents related to his employment and discharge, as well as the SEC's investigation of Pequot and Mack. The SEC, claiming several exemptions under the law released redacted versions of the documents, thereby withholding information. They also failed to produce Aguirre's original personnel file. Aguirre alleged in his suit that the SEC had failed to conduct an adequate search for documents and he challenged the SEC's failure to produce his original personnel file, which contained records missing from the version given him. On April 28, 2008, the
United States District Court for the District of Columbia The United States District Court for the District of Columbia (in case citations, D.D.C.) is a United States district court, federal district court in Washington, D.C. Along with the United States District Court for the District of Hawaii and ...
, citing the Senate report extensively, ruled in his favor, forcing the SEC to turn over documents to Aguirre. The Court wrote of "the importance of understanding the dispute between the parties, as well as plaintiff's legal argument that the public interest in disclosure of the withheld records outweighs any privacy interest" under exemptions claimed by the SEC and relied heavily on the Senate report. It noted how the SEC resisted deposing Mack and didn't considering him a potential tipper until after a front-page article in ''The New York Times'' revealed the derailed investigation and then did not depose him until the
statute of limitations A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In ...
for civil and criminal penalties had run out.The district court wrote, "The evidentiary standard is easily met in this case. The Senate Report uncovered several potential improprieties by SEC staff. First, the Committees determined that SEC officials were "overly deferential" to John Mack because of his prominence. (S. Rep. 37.) When the SEC accords special treatment to prominent figures, it "undermines public confidence nthe integrity of its investigations and exacerbates the problems associated with 'regulatory capture.'" (Id.)(internal citations omitted). Second, the Committee found credible evidence suggesting that the SEC retaliated against plaintiff for his efforts to examine John Mack. SEC management conducted a suspicious "re-evaluation" of plaintiff, even though his regular evaluation had just been completed a month earlier, and according to the Senate Report, the re-evaluation "appears both improper and retaliatory," and the negative comments were "unsupported." (Id. 74.) The Committees concluded that plaintiff's firing was "intricately connected" to his efforts to examine John Mack. (S. Rep. 78.)" Gary Aguirre v. Securities and Exchange Commission, Civil Action No. 06-1260 (ESH) p.35 In 2007, Senators
Chuck Grassley Charles Ernest Grassley (born September 17, 1933) is an American politician serving as the president pro tempore of the United States Senate since 2025, a role he also held from 2019 to 2021. A member of the Republican Party (United States), Re ...
and
Arlen Specter Arlen Specter (February 12, 1930 – October 14, 2012) was an American lawyer, author and politician who served as a United States Senator from Pennsylvania from 1981 to 2011. Specter was a Democrat from 1951 to 1965, then a Republican fr ...
urged the SEC to reopen the case against Pequot, but it remained closed. Making extensive use of the documents released by the SEC to him, Aguirre uncovered incriminating evidence proving Pequot had engaged in insider trading of
Microsoft Microsoft Corporation is an American multinational corporation and technology company, technology conglomerate headquartered in Redmond, Washington. Founded in 1975, the company became influential in the History of personal computers#The ear ...
and he shared this evidence with the SEC in a 16-page letter to SEC chairman Christopher Cox, dated January 2, 2009.Scot J. Paltrow
"Pequot Probe Reopened"
Portfolio.com (January 7, 2009). Retrieved March 3, 2011
Within days, the SEC re-opened the investigation, but no charges were filed in the weeks or months following, though when it did finally file charges, they closely followed the evidence as stated in Aguirre's letter. On April 1, 2009, Aguirre filed a second lawsuit against the SEC for unlawful disclosure of his records under the
Privacy Act of 1974 Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of ...
, for violating the
due process Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual p ...
clause of the Fifth Amendment and for injunctive relief under the Privacy Act and FOIA. On December 2, 2009, in an interim decision on Aguirre's FOIA case, the Court again ruled in his favor. On May 26, 2010, Aguirre filed papers in this case, seeking an order directing the SEC to release additional Pequot records to him on the grounds that under the FOIA, the SEC had to turn the records over to him because it had filed no case against Pequot or anyone else. Early the next morning, on May 27, 2010, the SEC filed charges against Pequot, Samberg and Zilkha and announced a settlement with Pequot. A month later, the SEC agreed to pay Aguirre $755,000, an amount equal to four years and ten months of lost salary and attorney's fees.The SEC nearly settled with Aguirre in May 2009, but just as both sides appeared on the verge of agreeing to the details and amount of the settlement, in an e-mail dated two hours after a ''Forbes'' article was published which quoted Aguirre criticizing the SEC, the SEC's deputy general counsel, Mark Cahn, wrote, "After careful consideration, we cannot agree to your proposed terms." (Se
"Whistle-Blower Claims New Retaliation By SEC".
''Forbes'' magazine, June 2, 2009.)
The amount appears to be the largest settlement ever disclosed by the Merit Systems Protection Board.Gretchen Morgenson
"SEC Settles With a Former Lawyer"
''The New York Times'' (June 29, 2010). Retrieved February 21, 2011
On reaching the settlement with the SEC for his wrongful termination, Aguirre said, "It's a shame the team I worked with at the SEC did not get to complete the Pequot investigation. The filing of the case in 2005 or 2006, before the
financial crisis A financial crisis is any of a broad variety of situations in which some financial assets suddenly lose a large part of their nominal value. In the 19th and early 20th centuries, many financial crises were associated with Bank run#Systemic banki ...
, would have been the right message at the right moment for Wall Street elite: the SEC goes after big fish too."


Return to private practice

Aguirre now specializes in securities law, defending those victimized by investor fraud and those wishing to come forward to expose abuses. In 2008, he returned to San Diego with a reputation for winning cases. He continued to work on the Pequot insider trading investigation, collecting and piecing together evidence, gaining information through Freedom of Information Act (FOIA) requests. In April 2008, he obtained a court order forcing the SEC to give him key records of its then closed Pequot investigation and later that year, he uncovered the evidence necessary to prove an insider trading charge against Pequot, founder Arthur Samberg and his former employee, David Zilkha On January 2, 2009, Aguirre sent a 16-page letter with the evidence to Christopher Cox, then SEC chairman. In it, he argued that there was sufficient evidence to reopen the case and he recommended that the U.S. Department of Justice open an investigation of Pequot, Samberg and Zilkha for possible witness tampering,
bribery Bribery is the corrupt solicitation, payment, or Offer and acceptance, acceptance of a private favor (a bribe) in exchange for official action. The purpose of a bribe is to influence the actions of the recipient, a person in charge of an official ...
,
obstruction of justice In United States jurisdictions, obstruction of justice refers to a number of offenses that involve unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investiga ...
, and violation of the
Racketeer Influenced and Corrupt Organizations Act The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. RICO was e ...
. Because the SEC continued to stonewall, on May 26, 2010, Aguirre sought an order directing the SEC to release additional Pequot records to him. He argued that because the SEC had failed to file charges against Pequot or anyone else, under the FOIA, the SEC must turn over the records. The following morning, on May 27, 2010, using allegations that closely follow Aguirre's January letter, the SEC filed charges against Pequot, Samberg and Zilkha. Aguirre is helping Senator Grassley's staff examine 21,000
Federal Reserve The Federal Reserve System (often shortened to the Federal Reserve, or simply the Fed) is the central banking system of the United States. It was created on December 23, 1913, with the enactment of the Federal Reserve Act, after a series of ...
(the Fed) transactions involving taxpayer funds distributed to banks and other financial institutions.Don Bauder
"The Federal Reserve's Money Orgy"
''San Diego Reader'' (April 27, 2011). Retrieved May 1, 2011
The Fed was forced to reveal the information by Freedom of Information Act (FOIA) requests by
Bloomberg News Bloomberg News (originally Bloomberg Business News) is an international news agency headquartered in New York City and a division of Bloomberg L.P. Content produced by Bloomberg News is disseminated through Bloomberg Terminals, Bloomberg T ...
and
Fox News The Fox News Channel (FNC), commonly known as Fox News, is an American Multinational corporation, multinational Conservatism in the United States, conservative List of news television channels, news and political commentary Television stati ...
, as well as provisions contained in Wall Street reform legislation. Despite pronouncements by the Fed about its transparency, the information released has been incomplete. The lack of details make it impossible to tell just how much profit the recipients of the funds are making and only the recipients' names and amount of funds are known. Aguirre says that between $3 and $4 trillion in cash transfers were made and another $9 to $11 trillion in commitments that taxpayer funds would cover the cost of failed investments. "It looks like they are borrowing the money from the Fed, say, at 70 cents on the dollar and selling it back to the Fed for 90 cents. We can't tell for certain because the Fed won't tell us. The Fed publishes information but not enough for you to figure out what the hell happened," Aguirre said. Aguirre represents Darcy Flynn, an SEC lawyer who also became a whistleblower after
Robert Khuzami Robert S. Khuzami (; born August 2, 1956) was the Deputy U.S. Attorney for the United States Attorney's Office for the Southern District of New York until March 22, 2019. He previously was a United States federal prosecutor and Assistant Unite ...
asked his staff in an e-mail on May 18, 2011 to report any questionable behavior on the part of lawyers representing clients. Though Khuzami had meant lawyers outside the SEC, Flynn reported activity that had taken place within the SEC. Early in Flynn's 13-year career at the SEC, he worked on a case where investigators thought they had clear evidence of fraud against Deutsche Bank. In an interview with ''
Der Spiegel (, , stylized in all caps) is a German weekly news magazine published in Hamburg. With a weekly circulation of about 724,000 copies in 2022, it is one of the largest such publications in Europe. It was founded in 1947 by John Seymour Chaloner ...
'', CEO Rolf Breuer had denied the bank was involved in talks to acquire Bankers Trust, causing Bankers Trust stock to drop, which could lower the cost of a merger. SEC investigators began looking into the matter, collecting sworn testimony and documents that proved Breuer had lied. Deutsche Bank hired former SEC enforcement director Gary Lynch to persuade the SEC not to pursue the case, which had to be approved by superiors before proceeding. Approval to go forward with the case was approved by every level and lacked only the signature of Richard H. Walker, then serving as SEC enforcement director. Rather than approve the case, on July 10, 2001 he recused himself. On July 23, 2001, a letter was sent to Deutsche Bank informing them, ""Inquiry in the above-captioned matter has been terminated." The SEC dropped the fraud investigation without the customary explanation of its decision to close the case. On October 1, 2001, Walker was hired as general counsel by Deutsche Bank. In 2004, he hired Khuzami to work at the bank and a few years later, recommended him to become SEC enforcement director. Flynn was interviewed by staff from three congressional committees in summer 2011 on the Deutsche Bank case and the destruction of files from thousands of preliminary investigation cases conducted by the SEC. Senator Grassley wrote a letter to the SEC about the document destruction and SEC inspector general H. David Kotz investigated the matter.Edward Wyatt
"S.E.C. Files Were Illegally Destroyed, Lawyer Says"
''The New York Times'' (August 17, 2011). Retrieved August 19, 2011


Predicted the 2008 financial collapse

In 2006, while testifying before Senator
Arlen Specter Arlen Specter (February 12, 1930 – October 14, 2012) was an American lawyer, author and politician who served as a United States Senator from Pennsylvania from 1981 to 2011. Specter was a Democrat from 1951 to 1965, then a Republican fr ...
and the Senate Judiciary Committee about Mack, Pequot Capital and the SEC lack of oversight, he warned that SEC enforcement was dangerously lax.Testimony of Gary J. Aguirre
United States Senate Committee on the Judiciary (December 5, 2006). Retrieved February 18, 2011
He said that the SEC had recovered a mere $110,000 from hedge fund insider trading over one year when the Committee itself had found evidence that over a one-year period, more than 41% of all
mergers and acquisitions Mergers and acquisitions (M&A) are business transactions in which the ownership of a company, business organization, or one of their operating units is transferred to or consolidated with another entity. They may happen through direct absorpt ...
of over a billion dollars involved insider trading. Aguirre warned that lack of effective oversight of rampant corruption was allowing Wall Street the same unregulated market abuse and leveraging that caused the Wall Street crash of 1929. In 2008, he delivered a similar message at the Sibos conference in
Vienna Vienna ( ; ; ) is the capital city, capital, List of largest cities in Austria, most populous city, and one of Federal states of Austria, nine federal states of Austria. It is Austria's primate city, with just over two million inhabitants. ...
. Just prior to the collapse of
Bear Stearns The Bear Stearns Companies, Inc. was an American investment bank, securities trading, and brokerage firm that failed in 2008 during the 2008 financial crisis and the Great Recession. After its closure it was subsequently sold to JPMorgan Chas ...
, he wrote a letter to the Senate Banking Committee that the nation's banks, and particularly Bear Stearns, were at risk because of subprime debt exposure and credit default swaps. In September 2008, during the debate on the
Troubled Asset Relief Program The Troubled Asset Relief Program (TARP) is a program of the United States government to purchase toxic assets and equity from financial institutions to strengthen its financial sector that was passed by Congress and signed into law by U.S. Presi ...
(TARP), Aguirre's projections on the costs of the taxpayer bailout were cited on the floor of the U.S. House of Representatives.Law firm biography
The Aguirre Law Firm. Retrieved February 18, 2011


Continuing critic

Aguirre is frequently quoted and interviewed in the media regarding issues related to financial and securities law and whistleblowers. Aguirre says the SEC has completely lost sight of its mission and that the mentality and culture won't change until the agency is no longer "run by attorneys who are on sabbatical" from Wall Street. On July 22, 2010, President
Barack Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
signed Wall Street reform legislation, the
Dodd–Frank Wall Street Reform and Consumer Protection Act The Dodd–Frank Wall Street Reform and Consumer Protection Act, commonly referred to as Dodd–Frank, is a United States federal law that was enacted on July 21, 2010. The law overhauled financial regulation in the aftermath of the Great Reces ...
, which included a provision to exempt the SEC from FOIA requests by the public."SEC Says New Financial Regulation Law Exempts it From Public Disclosure"
Fox Business Network (July 28, 2010). Retrieved February 18, 2011
Aguirre used FOIA requests to obtain records relating to why his SEC superiors had stymied his Pequot investigation, charges which prompted two U.S. Senate committees to investigate. The documents, released against the wishes of the SEC, led to the discovery of evidence that resulted in a large settlement. Aguirre was the first to speak out about the exemptions and a letter by Congressman
Darrell Issa Darrell Edward Issa ( ; born November 1, 1953) is an American businessman and politician serving as the U.S. representative for California's 48th congressional district. He represented the 50th congressional district from 2021 to 2023. A memb ...
to
Mary Schapiro Mary Lovelace Schapiro (born June 19, 1955) served as the 29th Chair of the U.S. Securities and Exchange Commission (SEC). She was appointed by Presidency of Barack Obama, President Barack Obama, unanimously confirmed by the U.S. Senate, and assum ...
, chairman of the SEC relied heavily on his article, "The Dodd-Frank Act: A FOIA Exemption for SEC Misconduct?" from ''Wall Street Lawyer''. Congressional testimony by the Project on Government Oversight at a hearing on legislative proposals to address the problem referred to Aguirre's case as an example of the crucial need for public oversight of government agencies.Angela Canterbury
Congressional testimony before the House Committee on Financial Services on “Legislative Proposals to Address Concerns Over the SEC’s New Confidentiality Provision”
(PDF) Project On Government Oversight (September 16, 2010), pp. 7–9. Retrieved February 24, 2011
Aguirre said the new bill would block public access to the SEC's records and hamper oversight. Other critics called the bill a "backroom deal" between the SEC and the U.S. Congress to cover up SEC failures. The following week, first the Senate and then the House unanimously passed bills to
repeal A repeal (O.F. ''rapel'', modern ''rappel'', from ''rapeler'', ''rappeler'', revoke, ''re'' and ''appeler'', appeal) is the removal or reversal of a law. There are two basic types of repeal; a repeal with a re-enactment is used to replace the law ...
the exemptions.Press release on President Obama’s Signing of the “Freedom of Information Act Amendments To The Securities And Exchange Act, Investment Company Act And Investment Advisers Act Of 2010”
Patrick Leahy Patrick Joseph Leahy ( ; born March 31, 1940) is an American politician and attorney who represented Vermont in the United States Senate from 1975 to 2023. A member of the Democratic Party (United States), Democratic Party, he also was the pr ...
, United States Senator for Vermont (October 5, 2010). Retrieved February 26, 2011
Obama signed the bill repealing the exemption on October 5, 2010."Obama Signs SEC Secrecy Repeal into Law"
Project On Government Oversight (October 5, 2010). Retrieved February 24, 2011
Aguirre describes the SEC as an agency created to protect the public from Wall Street, but now protects Wall Street from the public, and calls it a
revolving door A revolving door typically consists of three or four doors that hang on a central shaft and rotate around a vertical axis within a cylindrical enclosure. To use a revolving door, a person enters the enclosure between two of the doors and then m ...
, where people move from SEC positions to highly lucrative positions on Wall Street and also in reverse. "All the agencies have to some extent or another a revolving door here government employees move to the private sector and earn more money But at the SEC, what you rotate into is an enormous salary leap. SEC managers may make $200,000. That same person may make $2 million as a starting salary on the outside and can move up from there. Now, when he leaves, I'm not sure he's worth $2 million as a lawyer, but he takes his
Rolodex A Rolodex is a rotating card file device used to store a contact list. Its name, a portmanteau of the words "rolling" and "index", has become somewhat genericized for any personal organizer performing this function, or as a metonym for a total a ...
with him and that Rolodex is gold. The system maintains itself, because those that stay know their turn will come if they play the game. They see a director or associate director move onto a $2 million job with a Wall Street law firm. Then, the departed employee calls back to his former colleagues and says, 'you know I really don't think there is much of a case against so-and-so, I'd like for you to take a look at it.' And the case goes away; the system goes on in perpetuity." Two of Aguirre's supervisors left the SEC for lucrative positions at private law firms. Paul Berger works at Debevoise and Plimpton. After failing to investigate the Bernie Madoff
ponzi scheme A Ponzi scheme (, ) is a form of fraud that lures investors and pays Profit (accounting), profits to earlier investors with Funding, funds from more recent investors. Named after Italians, Italian confidence artist Charles Ponzi, this type of s ...
, Linda Chatman Thomsen left her position as SEC Enforcement Director to become a partner at Davis Polk & Wardwell, where according to the ''
Wall Street Journal ''The Wall Street Journal'' (''WSJ''), also referred to simply as the ''Journal,'' is an American newspaper based in New York City. The newspaper provides extensive coverage of news, especially business and finance. It operates on a subscriptio ...
'', she would be part of its "white-collar defense group".Kara Scannell
"Davis Polk Recruits Ex-SEC Aide"
''The Wall Street Journal'' (April 13, 2009) Retrieved February 26, 2011
Robert Khuzami Robert S. Khuzami (; born August 2, 1956) was the Deputy U.S. Attorney for the United States Attorney's Office for the Southern District of New York until March 22, 2019. He previously was a United States federal prosecutor and Assistant Unite ...
, who succeeded her, worked as a prosecutor in the U.S. Attorney's office in Manhattan's Southern District of New York, then went to
Deutsche Bank Deutsche Bank AG (, ) is a Germany, German multinational Investment banking, investment bank and financial services company headquartered in Frankfurt, Germany, and dual-listed on the Frankfurt Stock Exchange and the New York Stock Exchange. ...
for several years before returning being named SEC Enforcement Director.Other former SEC Directors of Enforcement who moved to the private sector are Richard H. Walker who went to
Deutsche Bank Deutsche Bank AG (, ) is a Germany, German multinational Investment banking, investment bank and financial services company headquartered in Frankfurt, Germany, and dual-listed on the Frankfurt Stock Exchange and the New York Stock Exchange. ...
in 2001 and Gary Lynch, who went to Davis Polk directly from the SEC in 1996. (See ''New York Times'' articles
"Deutsche Bank Hires Former S.E.C. Official"
October 2, 2001 and Reed Abelson

September 3, 1996.) Lynch is now with Morgan Stanley, where he was hired by John Mack, who described him as "a lawyer with a businessperson's mentality." (Se

by Landon Thomas, Jr. in ''The New York Times'', July 19, 2005.)
The SEC's handling of the investigation of Pequot's $18 million profit on Heller Financial, contrasts sharply with their aggressive pursuit of a low-level GE employee and a
kung fu Chinese martial arts, commonly referred to with umbrella terms Kung fu (term), kung fu (; ), kuoshu () or wushu (sport), wushu (), are Styles of Chinese martial arts, multiple fighting styles that have developed over the centuries in Greater Ch ...
instructor who made a much smaller trade on Heller, earning a profit of just over $150,000.Pequot was forced to forfeit its $18 million gain, pay $10 million in penalties and Samberg was barred from working as an
investment advisor A financial adviser or financial advisor is a professional who provides financial services to clients based on their financial situation. In many countries, financial advisors must complete specific training and be registered with a regulatory ...
. He did not face criminal charges and the
statute of limitations A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In ...
on the trade ran out in 2006. The former GE employee and kung fu instructor were tried in court and sentenced to prison, 15 months and 8 months respectively. They also had to return their $157,259 gain, which they had split between them. In addition, before he was fired by the SEC, Aguirre had been investigating more than a dozen instances of insider trading by Pequot. (Se
SEC Litigation Release No. 18086
at the SEC website, April 14, 2003.)
According to Aguirre, decisions to pursue small cases and ignore the much larger ones involving the financial elite are less the exception, than the rule and explain why Bernie Madoff was ignored for so long. In April 2012, representing whistleblower Rodolfo Michelson, Aguirre filed an FOIA claim against the SEC related to Michelson's claims that Sempra Global bribed Mexican government officials in order to advance its projects. Michelon filed suit against the SEC after an SEC investigation into the bribes concluded that the charges had been addressed. The suit alleges that the SEC "outsourced" its investigation to a law firm with ties to Sempra and seeks SEC records that indicate how the SEC conducted the investigation.Amita Sharma
"Whistleblower Sues SEC For ‘Outsourcing’ Bribery Investigation To Sempra Favorite"
KPBS (April 30, 2012). Retrieved May 3, 2012
Baker & McKenzie and Jones Day investigated the bribery charges. Sempra's executive vice president and general counsel was previously a partner at Jones Day. Aguirre said, "The notion that there is a class of companies, Fortune 500 Companies and Wall Street banks and Wall Street in general who are able to conduct their own investigations through favorite law firms is repugnant to the host of regulations that require the SEC to be neutral, unbiased and treat everybody the same."


Education

Aguirre received a
Bachelor of Science A Bachelor of Science (BS, BSc, B.S., B.Sc., SB, or ScB; from the Latin ') is a bachelor's degree that is awarded for programs that generally last three to five years. The first university to admit a student to the degree of Bachelor of Scienc ...
degree from the
University of California, Berkeley The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California), is a Public university, public Land-grant university, land-grant research university in Berkeley, California, United States. Founded in 1868 and named after t ...
in 1962,Lawyer profile for Gary J. Aguirre
Martindale-Hubbell. Retrieved February 18, 2011
and a
law degree A law degree is an academic degree conferred for studies in law. Some law degrees are professional degrees that are prerequisites or serve as preparation for legal careers. These generally include the Bachelor of Civil Law, Bachelor of Laws, an ...
from Boalt Hall in 1966, where he was the recipient of a
Ford Foundation The Ford Foundation is an American private foundation with the stated goal of advancing human welfare. Created in 1936 by Edsel Ford and his father Henry Ford, it was originally funded by a $25,000 (about $550,000 in 2023) gift from Edsel Ford. ...
grant. During a trip to Russia in 1987, Aguirre met some filmmakers at the Moscow Film Festival and discovered an interest in film. Having reached his professional and financial goals, Aguirre left his law practice in 1995. He returned to college, earning a
Master of Fine Arts A Master of Fine Arts (MFA or M.F.A.) is a terminal degree in fine arts, including visual arts, creative writing, graphic design, photography, filmmaking, dance, theatre, other performing arts and in some cases, theatre management or arts admi ...
degree in film from
UCLA The University of California, Los Angeles (UCLA) is a public land-grant research university in Los Angeles, California, United States. Its academic roots were established in 1881 as a normal school then known as the southern branch of the C ...
. While living in Spain in 2000, he became transfixed by the
Bush v. Gore ''Bush v. Gore'', 531 U.S. 98 (2000), was a landmark decision of the Supreme Court of the United States, United States Supreme Court on December 12, 2000, that settled a recount dispute in Florida's 2000 presidential election between George W ...
case and began thinking about the letter he had received from Robert F. Kennedy, which he had kept because it inspired him. Re-reading the letter, he was again inspired, reminded that lawyers can have a role beyond construction-defect cases. At the age of 61, Aguirre went back to law school at
Georgetown University Law Center Georgetown University Law Center is the Law school in the United States, law school of Georgetown University, a Private university, private research university in Washington, D.C., United States. It was established in 1870 and is the largest law ...
to study international and
securities A security is a tradable financial asset. The term commonly refers to any form of financial instrument, but its legal definition varies by jurisdiction. In some countries and languages people commonly use the term "security" to refer to any for ...
law. Aguirre received a
Master of Laws A Master of Laws (M.L. or LL.M.; Latin: ' or ') is a postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in another subject. In many jurisdi ...
degree with distinction (honors) in 2003 and in January 2004, his LL.M thesis won second place in the Association of Securities and Exchange Commission Alumni Annual Securities Law Writing Competition and was published in the '' Delaware Journal of Corporate Law''. Four of his professors were on the SEC staff, including one, Mark Kreitman, who later became his supervisor at the SEC. Kreitman described Aguirre as "the best student he had ever had".Gary J. Aguirre v. Securities and Exchange Commission, Civil Action No. 08-1872 (ESH).
United States District Court for the District of Columbia The United States District Court for the District of Columbia (in case citations, D.D.C.) is a United States district court, federal district court in Washington, D.C. Along with the United States District Court for the District of Hawaii and ...
(December 2, 2009) p. 55
After graduation, he wanted to enter public service and an advisor suggested he apply for a fraud investigator's job that had come available at the SEC.


Personal

Aguirre's son is musician Gary Jules; his younger brother,
Michael Michael may refer to: People * Michael (given name), a given name * he He ..., a given name * Michael (surname), including a list of people with the surname Michael Given name * Michael (bishop elect)">Michael (surname)">he He ..., a given nam ...
, was the San Diego city attorney from 2004 to 2008.


Selected publications


"The Enron Decision: Closing the Fraud-Free Zone on Errant Gatekeepers?"
(PDF) ''Delaware Journal of Corporate Law'', Vol. 28, No. 2 (2003)
"Section 10(b) Has Hatched a New Theory of Securities Fraud, But Will It Fly?"
(PDF) '' Consumer Attorneys of California Forum'' (January/February 2004)
"The Dodd-Frank Act: A FOIA Exemption for SEC Misconduct?"
(PDF) ''Wall Street Lawyer'', Vol. 14, Issue 9 (September 2010)
"SEC’s Madoff Miss Fits Pattern Set With Pequot"
Bloomberg News (February 4, 2009). Retrieved February 18, 2011


See also

* List of whistleblowers *
Regulatory capture In politics, regulatory capture (also called agency capture) is a form of corruption of authority that occurs when a political entity, policymaker, or regulator is co-opted to serve the commercial, ideological, or political interests of a minor ...
* Mark Pittman – predicted the
2008 financial crisis The 2008 financial crisis, also known as the global financial crisis (GFC), was a major worldwide financial crisis centered in the United States. The causes of the 2008 crisis included excessive speculation on housing values by both homeowners ...
and filed an FOIA lawsuit against the
Federal Reserve The Federal Reserve System (often shortened to the Federal Reserve, or simply the Fed) is the central banking system of the United States. It was created on December 23, 1913, with the enactment of the Federal Reserve Act, after a series of ...
* '' Inside Job'' –
Academy Award The Academy Awards, commonly known as the Oscars, are awards for artistic and technical merit in film. They are presented annually by the Academy of Motion Picture Arts and Sciences (AMPAS) in the United States in recognition of excellence ...
-winning documentary about "the systemic corruption of the United States by the financial services industry ... and the consequences of that systemic corruption"
Charlie Rose Charles Peete Rose Jr. (born January 5, 1942) is an American journalist and talk show host. From 1991 to 2017, he was the host and executive producer of the talk show ''Charlie Rose (talk show), Charlie Rose'' on PBS and Bloomberg L.P., Bloombe ...

Interview with filmmaker Charles Ferguson
YouTube video (February 25, 2011). Retrieved March 14, 2011
* Term Asset-Backed Securities Loan Facility – Federal Reserve program


Footnotes


References


External links


The Aguirre Law Firm
Official website. Retrieved February 21, 2011
Aguirre's 16-page "smoking gun" letter to SEC chairman Cox, January 2, 2009
(PDF) Government Accountability Project. Retrieved February 21, 2011
Aguirre on what constitutes insider trading
Bloomberg Television News segment (December 16, 2010). Retrieved February 26, 2011
Reporter Matt Taibbi talking about Gary Aguirre
Democracy Now! ''Democracy Now!'' is an hour-long TV, radio, and Internet news program based in Manhattan and hosted by journalists Amy Goodman (who also acts as the show's executive producer), Juan González, and Nermeen Shaikh. The show, which airs live ...
Video and transcript. (February 22, 2011). Discussion about Aguirre and John Mack begins about 4:58. Retrieved March 4, 2011
"Wall Street Impunity", interview with Gary Aguirre
Radio Netherlands Worldwide. ''
The State We're In The Dogs D'Amour are an English bluesey hard rock band formed in London in 1983. Over the years the band has had various line-ups, the only constant being vocalist Tyla. Their music has been described as a mixture of the Rolling Stones, the ...
'' (March 12, 2011). Retrieved March 16, 2011 {{DEFAULTSORT:Aguirre, Gary J. California lawyers American whistleblowers U.S. Securities and Exchange Commission personnel Living people Public defenders UC Berkeley School of Law alumni Year of birth missing (living people)