Washington, D.C., July 2, 2004 — LAWFUEL – The Securities and Exchange Commission today released the following statement relating to information in a public filing made yesterday by EasyLink Services Corporation that the Securities and Exhange Commission is reviewing certain transactions by the company:
Before coming to the Commission, Chairman Donaldson served as a director of EasyLink. Chairman Donaldson has not participated and will not participate in any matter before the Commission involving EasyLink.
At the outset of its consideration of this matter and without the participation of Chairman Donaldson, the Commission unanimously agreed that Daniel Nathan, the Chief of the Commodity Futures Trading Commission’s Office of Cooperative Enforcement within the CFTC’s Enforcement Division, would act as a Special Advisor to the Commission to closely monitor all staff actions in this matter. Mr. Nathan has been acting in this capacity, although he is not conducting or leading the staff’s investigation. The four Commissioners sought Mr. Nathan’s assistance to ensure that any action taken by the staff relating to the company is both thorough and consistent with the Commission’s historical practices. Mr. Nathan, formerly an Assistant Director of the Enforcement Division of the SEC, is now and has been, as appropriate, periodically reporting his observations to the four Commissioners.
Since October 2002, Mr. Nathan has been the Chief of the CFTC’s Office of Cooperative Enforcement within its Division of Enforcement, where he coordinates CFTC enforcement efforts with those of other agencies. The CFTC, like the Commission, is an independent agency. He joined the CFTC in 1997 as the Division of Enforcement’s Deputy Director. Prior to that, he was an Assistant Director of the Securities and Exchange Commission’s Division of Enforcement, where he had worked for twelve years.