Three Former SEC Legal Advisors: Paul Atkins' Focus on Enforcement Will Shift, But Not Completely Diverge

Jinse reported that last week, Paul Atkins was sworn in as the new chairman of the U.S. Securities and Exchange Commission (SEC). Experts suggest that the SEC's rule-making agenda may undergo significant changes, but Atkins is known for his tough stance on enforcement. Three former SEC general counsels believe that although there will be a shift in enforcement priorities under Atkins' leadership, it will not completely diverge. Melissa Hodgman, a partner at Fried, and a former senior SEC enforcement officer, predicts that under Atkins, the SEC’s enforcement will not relax, with a focus on fraud (including accounting and disclosure fraud) and insider trading.

Regulatory agencies can efficiently track insider trading through social media and AI, with the enforcement team maintaining close attention. Former general counsel Robert Stebbins states that enforcement will return to the focus during Jay Clayton's tenure, concentrating on the "mass market" or retail investors, and this time, the Foreign Corrupt Practices Act will not be enforced. Megan Barbaro, who served as general counsel during the tenures of Dan Berkovitz and Gary Gensler, noted that the SEC will pay more attention to cases that actually harm investors, reduce corporate fines, limit enforcement of procedural violations, and focus on fraud. Former chairman Gary Gensler's rule-making agenda was widely criticized, and the three former chief lawyers anticipate that Atkins will tackle the challenges of cryptocurrency regulation and might simultaneously expand private market access and raise the threshold for qualified investors.