The SEC adopted an amended rule to revise the
delegated authority of the SEC Division of Enforcement Director
(the "Director"). According to the SEC, the revisions are
meant to conserve resources and increase efficiency, and are the
result of experience with (i) nonpublic investigations, (ii)
litigation in Federal court, and (iii) disgorgement and Fair Fund
plans in administrative and cease-and-desist proceedings.
The final rule, which amends SEC Rule
200.30-4 ("Delegation of authority to Director of
Division of Enforcement"), delegates to the Director the
discretion to dismiss claims that are:
- against entities that are defunct, the subject of bankruptcy
proceedings, or without material assets; and