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Do not wait for the SEC app only to disappear under the new President Paul Atkins, warns 3 old General Councils

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  • The President of the Sec, Paul Atkins, was sworn last week and will preside over a newly constituted dry after a flood of exits due to DOGE. Experts said the agenda of rules will see major changes, but Atkins does not shrink Violeta when it comes to execution actions.

Three of the last four general tips of the Securities Commission and Exchange provides for it Running priorities will change but will not disappear with recently jury President Paul Atkins at the head of the agency.

Atkins held his post as President of the Principal Federal Regulator of North -American Values ​​Markets last week, but not new in Sec. Atkins previously served as Commissioner from 2002 to 2008 and signaled Crypto enthusiastand previously had up to $ 6 million in Crypt -related assets. Market vigilantes had planned a lighter application of the dry, given the focus of President Trump on policies that respect businesses, but they are not mistaken: the connection does not go under Atkins, predicted Melissa Hodgman, one of the divisions of the dry that was earlier.

According to Hodgman, Atkins’ statements about the application have normally had some key topics. He said that fraud, including accounting and outreach fraud, and privileged negotiation will be great problems, he said, speaking last week at the Berkeley Spring Forum at M&A and the Board Room.

Hodgman is now a member of the Freshfields law firm, but he spent about 16 years in the Secondary Division of the Sec. He warned the audience that lawyers should be tuned in the way executives and directors in possession of non -public information materials buy and sell values, because regulators have become “extraordinarily good” when connecting points in cases of privileged negotiation through the use of social networks and ia.

“They use data and analytics so they did not enter my career there,” Hodgman said. “This is an execution division that will be very focused on this area.”

In other cases of execution, the agency is likely to see a change in violations of the rules submitted to the commission, according to three former General Councilors of the Sec, all of them who spoke in a group along with Hodgman as a moderator.

Robert Stebbins, a lawyer general of the Sec from 2017 to 2021 during the first presidency of Trump under President Jay Clayton, predicted that the application will be returned to the priorities under Clayton’s mandate.

This would be a focus on the “main street” or the individual investors in detail, he said. In addition, there will be no application of foreign corruption practices this time, Stebbins said. Trump administration paused the FCPA application in February, writing in a executive order Which made it difficult for North -American economic competitiveness.

Dan Berkovitz, lawyer general of former President Gary Gensler from 2021 to 2023, said with the application, there will be more focus in cases where there have been damage to investors instead of procedural rape.

Similarly, Megan Barbaro, a general lawyer from 2023 to 2025 ASLO under Gensler, said that execution actions are likely to seek lower corporate sanctions due to a deeper commitment from the commission than the fines extracted from indirect companies damage shareholders.

“I hope to see smaller dollars in these cases,” said Barbaro, who agreed with Berkovitz’s lower penalties. “There will be a focus on fraud and less violations of policies and procedures.”

By 2024, the Sec presented 583 shares and orders to raise more than $ 8 billion in fines. The number of cases was a decrease of 26%but $ 8.2 billion in fines was the highest amount of Dry history. Former President Gensler was criticized by companies for his wide rules agenda and even by Commissioner’s Commissioner Hester Peirce who convene The gensler approach to Crypto in certain cases “regulator by force”.

In this vein, the three old lawyers said that they wait for the SEC under Atkins to address the crypt regulation, although it is a “delicate” subject, Stebbins said.

Their fourth day as a chair, Atkins speak At the third round table of the recent Crypt of Crypt of La Sec. Atkins gave a hat in his observations to Peirce, which is nicknamed “Cryptom”.

In the field of rules, the agency could also act formally on environmental dissemination, Stebbins said.

In March 2024, the Sec adopted Final standards It requires new publications of public business emissions of direct and indirect greenhouse gas. The rules faced the immediate and quick legal reaction and after the election of President Trump in 2024, announced the President of the Sec, Mark Uyeda the commission He had voted for no longer defending the rule of dissemination of climate risk in court.

In addition to Crypto, Berkovitch said the regulatory landscape will focus on expanding access to private markets and increasing Accredited investor threshold.

The Sec last headed to the threshold in 2020, expanding the definition of investors and companies that can invest in private capital, coverage funds, risk capital and pre-IPO shares.

This story originally presented to Fortune.com



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