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‘Enforcement 40’ for 2020
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Join the Securities Litigation and Enforcement Group on LinkedInWhat’s Ahead at the SEC? | The D&O Diary
President Biden’s nominee to head the SEC, Gary Gensler, faced a grilling today before the U.S Senate banking committee as his nomination proceeds through Congress. Although the outcome of his nomination technically remains uncertain, his eventual confirmation seems likely. With that possibility in mind, it seems timely to look ahead at some of the issues […]
Registration of Commodity Brokers-Dealers, Salespersons, and Investment Advisors Doing Business Relating to Virtual or “Crypto” Currency–NYAG
New York Attorney General Letitia James issues this alert to remind industry members that people and entities dealing in virtual or “crypto” currencies that are commodities or securities in the state of New York, and who do not qualify for an exemption, must register with the Office of the Attorney General. Failure to do so […]
New CFP Board Enforcement Chief Brings Separation of Functions
His hiring and the board’s rearrangement of its enforcement structure involved a separation of the responsibilities that go into any given investigation into a CFP professional’s conduct. Sporkin’s team manages the detection, investigation and prosecution of alleged violations of the board’s Code of Ethics and Standards of Conduct, while General Counsel Leo Rydzewski handles the […]
Who Should Launch SEC’s “Power to Destroy”??
The vast majority of these investigations are not urgent, as evidenced by their current “five-year best” average duration of “only” 21.6 months. And many SEC investigations are completed without the need to issue subpoenas at all. For those exceptionally rare cases requiring urgent subpoena power, today’s technology and streamlined internal procedures can easily enable commissioners […]