Friday, July 22, 2011 2:13:53 PM
The SEC cannot itself pursue criminal actions, but it can (and does) refer matters to the US Department of Justice. In addition, although the initial contact may be with the SEC, these days instead of the SEC, in the words of its Director of Enforcement, having to “cajole” prosecutors to criminally prosecute securities fraud cases, there are other regulators that become involved on their own motion, including the Department of Justice, State attorneys general and regulators in other jurisdictions.
Different US regulators can pursue the same conduct at the same time under the same theories of liability. Or a criminal prosecution may follow settlement of SEC civil charges.
Extract -
SEC Enforcement - What Chief Legal Officers of SEC Reporting Companies Should be Focused On
http://tinyurl.com/43bb28z
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