The SEC announced Monday that Linda Chatman Thomsen, director of the agency's division of enforcement since 2005, has resigned and plans to return to the private sector. The announcement came the same day the SEC reached a partial settlement with Bernard Madoff, whose Ponzi scheme had lawmakers questioning how an alleged $50 billion fraud escaped the scrutiny of regulators, despite tips urging investigations.

Testifying before the Senate Banking Committee Jan. 27, Thomsen did not speak about the SEC's investigation of Madoff specifically, but noted the enforcement decision receives hundreds of thousands of tips each year from sources of various levels of credibility. She said with more resources, the agency could do more. “Everyone at the SEC wishes the alleged Madoff fraud had been discovered sooner,” Thomsen testified.

Overseen by Thomsen, the SEC brought civil charges against Madoff Dec. 11. Under the Feb. 9 partial settlement with the SEC, Madoff agreed not to contest claims that his business was a fraud, without admitting or denying wrongdoing. If approved, the deal will make permanent a December preliminary injunction that restrains Madoff from violating certain antifraud provisions of federal securities laws and continues relief imposed, including the freezing of assets.

Thomsen joined the SEC in 1995 as an assistant chief litigation counsel and went on to serve in several positions in the division of enforcement. As deputy director, she led the SEC's Enron investigation. She formerly practiced at Davis Polk & Wardwell and was an assistant U.S. attorney in Maryland.

The SEC did not name Thomsen's successor. The Wall Street Journal on Monday reported sources were pointing to Robert Khuzami, a former prosecutor who is general counsel of the Americas at Deutsche Bank.

In other SEC news, on Feb. 6 the commission announced that David M. Becker will return as general counsel and senior policy director later this month. He previously joined the SEC in 1998 as deputy general counsel and was general counsel from 2000 to 2002. He rejoins the SEC from Cleary Gottlieb Steen & Hamilton, where he was a partner in the Washington office. Former General Counsel Brian Cartwright stated his resignation in November.

Last week, newly appointed SEC Chairman Mary Schapiro announced a reinvigoration of the agency, telling reporters, “I like to tell the staff we are going to act like our hair is on fire.” Last week she ended a program that required SEC approval for settlements between the agency and companies. She has also promised to focus on investor protection.