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Regulators

For Those Pining for Some SEC Guidance During the Government Shutdown

January 11, 2019

Since Thursday, December 27, 2018, the SEC has been a casualty of the government shutdown. Operating with a skeleton staff of 110 persons, ...  

 

HERE'S WHAT THE SEC IS DOING IN THE FOLLOWING AREAS OF ENFORCEMENT:

 

TIPS, COMPLAINTS AND REFERRALS.   The Enforcement Division will have only a limited number of staff on duty to perform critical functions. However, staff will attempt to respond to certain critical matters, including allegations of ongoing fraud and misconduct. The Tips, Complaints, and Referrals website will continue to be operational and submissions will be reviewed for appropriate action.

 

INVESTOR COMPLAINTS.   The Office of Investor Education and Advocacy will have a limited number of staff on duty to review investor complaints submitted through the investor complaint form. The Office will be unable to respond to complaints, questions, or requests for information.

 

LAW ENFORCEMENT/LITIGATION.   A limited number of staff will be on duty to handle emergency enforcement matters, including: (i) temporary restraining orders and/or investigative steps necessary to protect public and private property; (ii) monitor the Commission’s “tips, complaints, and referrals” system and web-based investor complaint system and process referrals from SROs and others to identify matters that are emergencies and take follow-up steps relating to such emergencies; (iii) ongoing litigation that cannot be deferred where there is a threat to property; and, (iv) emergency exams and inspections to protect public and private property.

 

MARKET MONITORING AND SURVEILLANCE.   The Agency will: (i) perform Market Watch activities and monitor market technology operations; (ii) monitor any B/Ds reported as being in financial distress; (iii) MMF surveillance and monitoring; and, (iv) monitor any international market developments that might impact the US.

 

 

HERE'S WHAT MAJOR FUNCTIONS HAVE BEEN DISCONTINUED:

 

LAW ENFORCEMENT/LITIGATION.   Ongoing litigation, except matters that cannot be deferred as described above; investigative work, including commencing investigations and conducting investigative testimony, except as necessary for the protection of property; pursuing the collection of any delinquent debts or work to distribute funds to harmed investors; and nonemergency examinations and inspections and related follow-up.

 

ROUTINE OVERSIGHT OF SROs & THE PCAOB.

 


 

Understandably, the absence of the SEC's steady stream of pronouncements and disciplinary actions has left a void in the lives of countless legal and compliance professionals. That said, here are links to the Agency's last pronouncements, all but one of which were published in 2018.

 

  • SEC Press Releases: (12/26/18)  2018-309 - JPMorgan to Pay More Than $135 Million for Improper Handling of ADRs
  • SEC Press Releases: (12/21/18)  2018-305 - Agencies Invite Comment on a Proposal to Exclude Community Banks from the Volcker Rule
 
  • SEC Public Statements: (12/19/18)  Jay Clayton's Statement re: SEC Open Meeting & a Thank You to Departing Commissioner Kara Stein
 
  • SEC Enforcement:  (12/26/18)  Latest Enforcement News -  JPMorgan to Pay More Than $135 Million for Improper Handling of ADRs
 

 

  • SEC Litigation Releases:  LR-24380 (12/26/18) SEC Files Subpoena Enforcement in Possible Market Manipulation Scheme

 

  • SEC Administrative Proceedings:  34-84980 (1/9/19) Katz, Sapper & Miller, LLP and Scott C. Price, CPA