08.11.2014

SEC Takes Harder Line on Enforcement

08.11.2014
Terry Flanagan

The U.S. Securities and Exchange Commission is taking a more aggressive posture with regard to prosecuting financial crime cases, from using technology for flagging potential insider trading to beefing up its enforcement staff.

The agency has ratcheted up its enforcement of insider trading, which is more difficult to prosecute but also carries much higher consequences for the integrity of the financial system.

“The SEC has grown sophisticated because the threats that the SEC and obviously the investing public has faced have become more sophisticated,” George Kostolampros, a partner in the law firm McKenna Long & Aldridge, told Markets Media. “Insider trading cases now have morphed into something much more sophisticated, where you see the SEC now focusing on dark pools.”

As a former senior counsel in the Division of Enforcement of the SEC, Kostolampros investigated accounting fraud, improper mutual fund trading, market manipulation, FCPA violations and other conduct.

Under former chairman Mary Schapiro, pursuing violations related to the financial crisis was one of the SEC’s key priorities. But after successfully addressing such misconduct over the last five years, it now have shifted our attention under current chairman Mary Jo While to other areas and redeployed its resources accordingly.

“The rules and the laws that are in place are there to enforce against anyone who is committing any sort of violation of the securities law,” said Kostolampros. “The SEC has grown in its size, and also grown more sophisticated. There will always be those bread and butter cases, the pump and dump cases, even the Ponzi scheme cases, but there are much more sophisticated cases that are being brought to bear.”

Over the last five years, the SEC filed insider trading actions against more than 570 individuals and firms, often as a result of have learned of this misconduct through surveillance referrals from Finra and ORSA.

“We also have been focused on using technology to improve our ability to detect and investigate fraud,” SEC enforcement chief Andrew Ceresney said in a speech in May. “With the increased complexity of the markets, and of schemes more generally, as well as the proliferation of big data, we need to better harness technology in order to keep up with wrongdoers.”

Ceresney’s predecessor, Robert Khuzami, brought in many former prosecutors, beefing up the trial division.

“If you looked at the past five years, six years, you would have seen a focus on cases that stem from the financial crisis,” said Kostolampros. “Obviously cases that stem from what happened with Madoff and Stanford, because the SEC didn’t want to get stuck with another black eye for missing a Ponzi scheme.”

Khuzami created five specialized units relating to areas of significant concern: Asset Management, Municipal Securities and Public Pensions, FCPA, Complex Financial Instruments, and Market Abuse. The idea was to build expertise and knowledge in each of these areas, and to have unit personnel solely focused on making cases.

For example, a program was launched that identifies aberrant returns in investment funds, which often can signify misconduct. The SEC has brought a number of cases identified through this initiative and continues to expand its application as it receives and processes new fund data.

“These units were designed not just to eat a piece of the “enforcement pie” – by working on cases that we otherwise would have brought – but to make the pie bigger by creating initiatives to examine practices that may not have in the past received sufficient attention and bringing cases for violations related to those practices,” Ceresney said.

Markets Media Group was pleased to host the 2025 European Women in Finance Awards last night at Claridge’s in London.
#WomeninFinance #WIF #EuropeanFinance #FinanceCommunity

See the full list of winners here: https://www.marketsmedia.com/2025-european-women-in-finance-awards-the-winners/

3

We are excited to announce the finalists for the 2025 U.S. Women in Finance Awards! Congratulations to all!

Check out the full list here:


#WomeninFinance #WIF #financeindustry

Nominations are NOW OPEN for the 2026 Women in Finance LatAm Awards! Do you know a standout leader, innovator, or rising star? Nominate her today!

Learn more & submit your nomination:

#WomeninFinance #Finance #WIF

HSBC AI Markets harnesses natural language processing to meet market participants’ trading and hedging needs, from pre-trade analysis, to execution, to post-trade. Markets Media caught up with Tom Croft to learn more about the platform.

#AIMarkets

Load More

Related articles

  1. ICE Clear Credit's framework would create a competitive U.S. Treasury clearing landscape.

  2. De-registration of bond/derivative SIs is to be expected.

  3. Policymakers have the opportunity to address these areas in the upcoming legislative package.

  4. FCA has lifted its retail access restrictions.

  5. The UK FCA has also warned firms to prepare for the transition on 11 October 2027.

We're Enhancing Your Experience with Smart Technology

We've updated our Terms & Conditions and Privacy Policy to introduce AI tools that will personalize your content, improve our market analysis, and deliver more relevant insights.These changes take effect on Aug 25, 2025.
Your data remains protected—we're simply using smart technology to serve you better. [Review Full Terms] | [Review Privacy Policy] Please review our updated Terms & Conditions and Privacy Policy carefully. By continuing to use our services after Aug 25, 2025, you agree to these

Close the CTA