In Apparent Response To Recent Challenges SEC Proposes Amendments To Rules Governing Administrative Proceedings
On September 24, 2015, the Securities and Exchange Commission announced that it had voted to propose amendments to the rules governing administrative proceedings. The announcement comes in the wake of rising opposition by the targets of such proceedings and increased criticism from industry participants who argue that the current system is fundamentally unfair. As evidence, critics have cited the SEC’s increased use of such proceedings since the Dodd-Frank Act and its near 100% “win” rate in such cases. SEC Chair Mary Jo White said that the proposed amendments “seek to modernize the rules of practice . . . .” While the proposal would amend a number of the SEC’s rules of practice, there are two significant changes that would theoretically level the playing field for respondents to some degree.