Fannie Mae’s former CEO may have some explaining to do to the SEC. Daniel Mudd, former CEO of Fannie Mae, was the recipient of a Wells notice from the Securities and Exchange Commission, which is considering taking legal action against him[1]. A Wells notice informs the recipient that the SEC is considering legal action and allows the recipient to preempt that action with a formal rebuttal and evidence. Mudd has announced publicly that he will respond to “make clear why the SEC staff should not pursue any action in this matter.”

The notice stated that Mudd could face civil enforcement action for “alleged securities-law violations”[2]. Mud was named CEO of Fannie Mae in 2004 after the SEC found the GSE guilty of violating accounting rules and removed in 2008 when the government assumed control of both Fannie Mae and Freddie Mac[3]. The SEC has stated that the GSEs’ exposure to subprime mortgages may have been understated or even deliberately downplayed. Mudd denies this, citing prior investigations into GSE disclosures.

Do you think that Daniel Mudd should be investigated?

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[1] http://www.dsnews.com/articles/former-fannie-exec-issued-wells-notice-as-lawmakers-plan-gse-wind-down-2011-03-14

[2] http://www.mortgageorb.com/e107_plugins/content/content.php?content.8047

[3] http://www.boston.com/business/articles/2011/03/14/sec_may_charge_former_head_of_fannie_mae/