Cease and desist authority under the Securities Enforcement Remedies and Penny Stock Reform Act of 1990
Article Abstract:
The SEC has had new powers to issue cease and desist orders for possible or actual violations of securities laws since 1990, when the Securities Enforcement Remedies and Penny Stock Reform Act passed. Legal questions about the use of this remedy include how to construe cause, whether to use a standard of negligence and whether to show likelihood of violation. Thirty seven administrative actions using the Act are also listed and described.
Publication Name: Annual Institute on Securities Regulation
Subject: Law
ISSN: 0195-5756
Year: 1992
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Insider trading developments: do the Adler and Smith cases portend tougher times for SEC enforcement?
Article Abstract:
The US Court of Appeals for the 11th Circuit's decision in SEC v. Adler could make it more difficult for the SEC to prove insider trading. The court set a standard that the SEC show corporate insiders traded company stocks when them knew they possessed nonpublic material information. The 9th Circuit agreed with the 11th in its decision in United States v. Smith.
Publication Name: Annual Institute on Securities Regulation
Subject: Law
ISSN: 0195-5756
Year: 1998
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Administrative TROSs: the SEC's new temporary cease and desist rules
Article Abstract:
SEC temporary cease and desist orders (TCDOs) are emergency ex parte procedures to prevent asset conversion or investor injury pending final cease and desist orders. The TCDO rules, effective July 24, 1995, require respondents to take immediate corrective or preventive precautions as deemed necessary by the SEC. An appeals procedure is also available.
Publication Name: Annual Institute on Securities Regulation
Subject: Law
ISSN: 0195-5756
Year: 1995
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