The complaints bring to light something that people close to the SEC have been whispering for a while–which is that Kotz’s many investigations are promoting a culture of fear within the agency. SEC lawyers who once responded to reporter emails or phones calls–even if politely to simply say ‘no comment’–now don’t even bother. SEC lawyers have told people they are afraid that by doing so, they will be investigated by Kotz for improperly leaking information. Now it’s important for the SEC and any government regulator to have a strong and vigilant oversight. But at the same time, it’s important that oversight doesn’t become so onerous that regulators start looking over their shoulders and second-guessing everything they do.
‘Enforcement 40’ for 2020
Join Us On LinkedIn
Join the Securities Litigation and Enforcement Group on LinkedIn