Practice Management
SEC strips enforcement director of formal investigation powers
Sam Bojarski / Mar 11, 2025
While the move could slow down the Commission's enforcement machinery, a formal order is not always necessary to bring an enforcement action.
In a final rule published on Monday, the Securities and Exchange Commission (SEC) removed its enforcement director’s authority to issue formal orders of investigation.
Such formal orders give enforcement staff the authority to issue subpoenas in connection with investigations tied to federal securities laws, according to a rule document published by the SEC. The new ruling is intended to align investigative resources with Commission priorities.
Citing sources with knowledge of the situation, media outlets reported in February that lawyers had been told they need to seek permission from the SEC’s politically appointed commissioners before launching investigations. Some legal analysts predicted the issuance of Monday’s formal order, which rescinded a 2009 rule delegating formal investigation authority to the SEC’s enforcement division chair.
Enforcement staff will now have to prepare a formal order proposal and action memorandum, the latter of which would be circulated for comment to relevant...
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