No Longer a Slap on the Wrist: SEC Penalties and Sentences on the Rise

A global shift in the regulatory approach to penalties is leading to greater fines across more geographies and the use of a wider variety of recourse against a bigger cross-section of targets, notably individuals and corporate executives. Not even annual bonuses, stock shares and promotions are safe under the broadening definitions of clawbacks being sought. A recent Women in White Collar Defense Association discussion featuring attorneys from the SEC, the U.K.’s Serious Fraud Office, the U.S. Sentencing Commission, Dechert, Morrison & Foerster and Kobre & Kim reviewed approaches to asset forfeiture and how collaboration and creativity could lead to a reduction in misconduct. This article highlights relevant insights from the discussion. See our two-part series “Why, When and How Fund Managers Should Self‑Report Violations to the SEC”: Part One (Oct. 18, 2022); and Part Two (Oct. 25, 2022).

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