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Bull/Bear Report Mar 03 2010  

Porn Nightmare Never Ends for SEC Official

By Julie Steinberg

Earlier this month, it came to light that an SEC official had attempted to access pornography 1,800 times in a 17-day span using a government computer. Now, the details of that case have surfaced, and with them the interrogation between the inspector assigned to the case and the accused.

There are some interesting -- and comical -- nuggets in the testimony, like when the official is asked what his work responsibilities are and he answers, "well, I'm still trying to figure out that out a little bit."

But the really juicy stuff begins when he's asked about accessing Web sites like tgirlhotspot.com and ladyboyx.com (warning, very NSFW). The inspector asks: "Our records show that on Wednesday, August 13, 2008, beginning at 1:57 p.m., you made approximately 85 attempts...to access a Web site called tgirlhotspot.com. Do you have any recollection of attempting to access this site?"

The employee answers: "I do not personally have recollection of it, but it would not surprise me." To which the inspector -- and the reader -- responds: "Okay. That's fair."

The report (pdf, SFW, start on page 17) is unflinchingly honest, so we've got to give the guy credit for that, because this is admittedly embarrassing stuff that you don't want posted on the Web.

But is honesty really the best policy when it comes to admitting every single time you've accessed certain NSFW sites?

Yes, it turns out, according to several employment lawyers we spoke with.

Brent Pelton of New York-based Pelton & Associates told us that while you shouldn't say anything until you've spoken to an attorney, "it's very likely that lying would make it worse. Cooperating fully and trying to move beyond the issue with your employment is the best course of action. Pragmatically you want to move on and assure the company that it will never happen again."

Frank Steinberg* of Steinberg Law Offices in Somerville, N.J., agreed that coming clean is the best thing you can do. He also said, however, that how you get caught may make a difference.

"If other workers have seen what you're doing and complained about it, that could open the company up to a hostile work environment or sexual harassment claim. The short answer is, the repercussions of not cooperating can be severe," said Steinberg.

In this case, because it was government property and there are strict laws in place about what you can and cannot do on a computer owned by Uncle Sam, the circumstances of the situation are clearly grounds for dismissal. But, Pelton adds, dismissal can depend on company culture. If you fess up and promise it will never happen again (and perhaps promise to enroll in a sex rehab program), there is a chance that your employer will be lenient and not dismiss you immediately.

At that point, you just hope that the grisly details of your transgressions don't make it into cyberspace.

*No relation to Julie Steinberg, whom you can write to here

Related Content: Porn Incidents at Macquarie and the SEC


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