SEC Chairman Mary Schapiro said Friday she will do away with a two-year “penalty pilot” policy requiring Enforcement staff to get commission approval before negotiating financial penalties against public companies for securities fraud.
“In speaking to our Enforcement staff, I’ve been told that these special procedures have introduced significant delays into the process of bringing a corporate penalty case; discouraged staff from arguing for a penalty in a case that might deserve a penalty; and sometimes resulted in reductions in the size of penalties imposed,” Schapiro said.
The policy previously sent the “wrong message,” Schapiro noted, and that the action to end it is part of the Commission’s efforts to “ensure that justice is swiftly served.”
Furthermore, Schapiro continued, the SEC will continue to bolster its enforcement program by providing more rapid approval of formal orders of investigation — the permission slips given out by the Commission that allow SEC staff to use the power of subpoenas to compel witness testimony and the production of documents.