During the current partial government shutdown when few SEC Enforcement actions are being filed or settled it may be a good time to begin considering the future of the program. The Division has repeatedly announced that its focus is retail …
Tag: venue
The Future Course of SEC Enforcement
Tagged with: disgorgement, Emules, Kokesh, Lorenzo, Lucia, Primary liability, SEC, state of mind, venue
SEC Enforcement & Venue: A Question of Fairness
The question never really addressed, but which has always been the fundamental issue, is fairness. When the Commission began shifting its enforcement actions from federal district court to its administrative in-house forum, the bedrock question was fundamental fairness, presented in …