Deputy Chief Litigation Counsel Mark A. Adler Leaving SEC After 13 Years of Service

FOR IMMEDIATE RELEASE
2010-235

Washington, D.C., Dec. 2, 2010 — The Securities and Exchange Commission announced today that Mark A. Adler, Deputy Chief Litigation Counsel of the Division of Enforcement, will leave the agency this month after 13 years of service. He will join the Public Company Accounting Oversight Board (PCAOB) as Deputy Chief Trial Counsel in the Division of Enforcement and Investigations.

As Deputy Chief Litigation Counsel since 2004, Mr. Adler worked with the Chief Litigation Counsel to oversee the Division of Enforcement's nationwide litigation program. During the past year, he also served as Acting Chief Litigation Counsel. Mr. Adler established Division-wide policies and practices related to litigation. He advised trial attorneys and investigative staff nationwide on litigation matters including charging decisions, legal theories, evidentiary and privilege issues, trial strategy and presentation, and electronic discovery. He coordinated with other offices and divisions across the agency on litigation issues, and counseled and assisted enforcement staff on cases involving financial fraud, stock options backdating, the Foreign Corrupt Practices Act, insider trading, and emergency relief.

"Mark has provided a steady hand in guiding the Division's litigation program, and his many contributions to the Division are reflected in the strong trial record compiled by the Division's litigators," said Robert Khuzami, Director of the SEC's Division of Enforcement. "Extremely well-liked and respected throughout the Commission, Mark exhibited a serious commitment to enforcing the securities laws and has been a strong advocate for investors."

Matthew Martens, the SEC's Chief Litigation Counsel, said, "Mark is a terrific trial lawyer who has been an invaluable resource to the Division's senior management, litigators and staff attorneys in Washington and the regional offices. They repeatedly looked to Mark for his sound, thoughtful and creative advice. His many contributions were a great benefit to the Trial Unit."

Mr. Adler said, "It has been a privilege to work with the Division of Enforcement litigation and investigative staff nationwide who are so talented and committed to protecting investors. I am so proud of our trial attorneys and litigation staff throughout the country who do a tremendous job representing the Commission. I have learned so much from my colleagues in the Division of Enforcement and throughout the Commission. Working with them has made my career in public service truly rewarding."

Prior to his appointment as the SEC's Deputy Chief Litigation Counsel, Mr. Adler was an Assistant Chief Litigation Counsel and lead trial counsel in complex federal district court actions and administrative proceedings involving financial fraud, insider trading, offering fraud, and market manipulation.

Before joining the SEC staff in 1997, Mr. Adler spent more than nine years at the Department of Justice, where he investigated, prosecuted, and tried major white collar criminal cases and obtained convictions against savings and loan executives and owners, real estate developers, accountants, and attorneys in cases involving complex bank fraud, money laundering, illegal political contributions, perjury, fraudulent mortgage loan sales, bank bribery, and bankruptcy fraud. From 1981 to 1987, Mr. Adler handled civil litigation and other general commercial matters in private practice in New York City.

A native of Albany, N.Y., Mr. Adler received his undergraduate degree summa cum laude from Tufts University in 1978, and his law degree from Harvard Law School in 1981.

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