Broken Windows, Admissions and Stale Conduct: The State of Enforcement at the SEC

Recent comments by top SEC enforcement officials point to a potential shift away from previous approaches, such as “broken windows” and requiring admissions in certain cases. At the same time, the SEC, operating under budget constraints that will reduce personnel, promoted Charles Cain, a member of the FCPA Unit since its formation, to head the unit. Cain’s hire “signals that FCPA is going to continue to be a priority and that the SEC is going to continue the program the way that it’s been going,” Kara Brockmeyer, a partner at Debevoise and Cain’s predecessor as the head of the FCPA Unit, told the Anti-Corruption Report. She and other former SEC officials discussed the direction of SEC enforcement, including how the budget constraints and the recent Kokesh decision may affect the cases the SEC pursues. See also “SEC and DOJ Address Corporate Concerns About Future FCPA Enforcement” (Jun. 7, 2017).

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