Don’t expect SEC enforcement to just disappear under new chairman Paul Atkins, warn 3 former general counsels


- The president of the dry, Paul Atkins, took oath last week And will chair a newly constituted dry after a flow of departures due to Doge. The rules for the creation of rules is likely to see significant changes, said experts, but Atkins does not shrink purple with regard to application measures.
Three of the last four general councils of the Securities & Exchange Commission provide that Application priorities will move, but will not disappear with sworn President Paul Atkins at the head of the agency.
Atkins won his post as president of the main federal regulator of the American securities markets last week, but he is not new in the dry. Atkins previously was a commissioner from 2002 to 2008 and he was passionate about cryptography, and previously held up to $ 6 million in assets related to cryptography. The market observers had predicted the application of the lighter counterpart of the dry, given the emphasis put by President Trump on politicians adapted to business, but are not mistaken – the forces do not disappear under Atkins, predicted Melissa Hodgman, one of the longest superior officers of the dry DI.
According to Hodgman, Atkins' remarks on the application have generally reached some key themes. Fraud, including accounting fraud and disclosure, and initiate offense will probably be Touch problems, she said, speaking last week at the Berkeley Spring Forum on mergers and acquisitions and the conference room.
Hodgman is now associated with the Freshfields law firm, but has spent about 16 years in the DRI application division. She warned the public that lawyers should listen to how managers and administrators in possession of non -public material information buy and sell titles, because regulators have become “extraordinarily good” to connect points in the negotiation of initiates through the use of social media and AI.
“They use data and analyzes in a way that they have not participated in my career there,” said Hodgman. “This is an application division that will be very concentrated in this area.”
In other cases of application, it is likely that the agency will see a change in the violations of the rules brought before the Commission, according to three former General Councils of the SEC, which all spoke in a panel with Hodgman as a moderator.
Robert Stebbins, lawyer general of the SEC from 2017 to 2021 during the first presidency of Trump under President Jay Clayton, the prediction of the application of the law will return to the priorities she had under the mandate of Clayton.
This would mean an emphasis on the “main street” or individual retail investors, he said. In addition, there will be no application of the law on foreign corruption practices this time, noted Stebbins. The Trump administration interrupted the application of the FCPA in February, writing in a executive decree that he hampered American economic competitiveness.
Dan Berkovitz, lawyer general under former president Gary Gensler, from 2021 to 2023, said that with the application, there will be more concentration on cases where investors have been harmful rather than the violations of the procedure.
Similarly, Megan Barbaro, lawyer general from 2023 to 2025 Aslo under peopleler, said that it is likely that measures to apply the law would require lower sanctions due to a deeper concern of the commission that the fines extracted from indirect companies are shareholders.
“I expect to see smaller amounts in these cases,” said Barbaro, who agreed with Berkovitz's point of view on lower penalties. “Emphasis will be placed on fraud and less policies and violations of procedures.”
In 2024, the SEC filed 583 application actions and order to receive more than $ 8 billion in fines. The number of cases was a drop of 26%, but $ 8.2 billion in fines were the highest amount in History of the dry. The former President Gensler was criticized by companies for his broad rule program and even by his colleague Commissioner Hester Peirce who called The approach of peopleler in terms of crypto in certain cases “regulation by application”.
In this vein, the three former chief lawyers said they expect the dry under Atkins to be for cryptography regulations, even if it is a “delicate” problem, said Stebbins.
The fourth day as president, Atkins radius At the third round table of the newly formed cryptographic working group. Atkins gave a tip in his remarks to Peirce, who is nicknamed “Cryptomom”.
In the field of rules, the agency could also officially act on environmental disclosure, said Stebbins.
In March 2024, the SEC adopted final rules requiring new disclosure of public companies on direct and indirect greenhouse gas emissions. The rules were faced with an immediate and rapid legal backlash and after the election of President Trump in 2024, announced the president of the Sec, Mark Uyeda the Commission had voted to no longer defend the rule of climate risk disclosure before the court.
In addition to the crypto, Berkovitch said that the regulatory landscape would probably focus on expanding access to private markets and the increase in Threshold of accredited investors.
The dry discussed the threshold for the last time in 2020, Expand the definition Investors and businesses that can invest in investment capital, hedge funds, venture capital and pre-time shares.
This story was initially presented on Fortune.com