Regulatory capture - Wikipedia, the free encyclopediaLikelihood of regulatory capture is a risk to which an agency is exposed by its very nature.[4] This suggests that a regulatory agency should be protected from outside influence as much as possible. Alternatively, it may be better to not create a given agency at all lest the agency become victim, in which case it may serve its regulated subjects rather than those whom the agency was designed to protect. A captured regulatory agency is often worse than no regulation, because it wields the authority of government. However, increased transparency of the agency may mitigate the effects of capture.(including regulatory capture).[5]
Which totally ignores the fact that the SEC, when "captured", made things "worse" by not doing anything.
Most of the reg agencies start off 'captured'. They're generally set up by the vested interests in a given industry to further entrench their dominance. Look at ACA for a primer.