Assessing SEC Power In Administrative Proceedings

Foley Partner Kenneth Winer and Associate Laura Kwaterski authored an article that appeared in Securities Law360 on March 24, 2011 titled “Assessing SEC Power In Administrative Proceedings.” The authors discuss the implications of Congress’ decision to expand the power of the SEC to seek monetary penalties in administrative proceedings, stating that respondents in these proceedings operate at a disadvantage relative to defendants in civil actions heard before a district court judge. They note that the SEC’s power to bring an administrative proceeding places pressure on individuals and entities to settle with the SEC even though they have not violated the law. Winer and Kwaterski add that the SEC should consider whether the efficiency gained in administrative proceedings warrants the risk of finding innocent parties liable and potentially hurting the commission’s credibility.