So what does the Choice Act have to say about SEC enforcement? The law talks about holding Wall Street and Washington accountable if there’s another financial crisis and proposes a higher ceiling on penalties the SEC is permitted to impose for the most serious violations of securities laws. But at the same time, the bill would severely restrict the SEC’s ability to punish public companies. In order to impose penalties, the proposal would require the agency to prove that the alleged violation directly benefited the accused issuer – and that shareholders in the company won’t be harmed as a result of the penalty. “The SEC must strike the right balance between deterring and punishing securities fraud and protecting shareholders ultimately responsible for paying large civil penalties for violations they did not commit,” the law’s summary explained.
‘Enforcement 40’ for 2020
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