American Securities Association Sues SEC Over Lack of Transparency

David Pokima
June 6, 2024
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Highlights

  • The American Securities Association sued the SEC over lack of transparency.
  • The body claims the financial refused to disclose how it arrived at penalties.
  • On their part, the SEC pointed to Exception 7(a) as reasons.

The American Securities Association (ASA) has sued the Securities and Exchange Commission (SEC) over its enforcement actions and failure to comply with the Freedom of Information Act. The lawsuit stems from regulatory actions by the Commission with limited information given to stakeholders. At the moment, consumers have criticized the Commission’s lack of disclosure on social media spaces.

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AMA Sues The SEC

In a June 6 filing, the Securities Association seeks disclosures from the Commission on previous regulatory actions in which it imposed sanctions. According to court documents, the action is to compel compliance with the Freedom of Information Act. 

In our democratic system, transparency is a two-way street. Federal law also demands transparency from the government. Under the Freedom of Information Act, the public is entitled to documents created by federal agencies so the people can learn about their government’s actions and policies.” 

In 2021, the SEC investigated broker-dealer retention of communications on personal devices. Scores of documents were provided to the financial regulator without suspicion of breach of rules. This led to the SEC imposing billions in penalties without explanation on the decision-making process. ASA sought answers regarding how penalties were calculated, and why defaulters were targeted. 

They noted that the regulator failed to comply with its obligations citing previous SEC Commissioners’ comments on the penalty regime as a tool to generate end-of-year statistics and not to enhance market integrity and drive investor protection.

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Regulator Cites Exception

In response to ASA’s request for details under the Freedom of Information Act, the SEC pointed to Exception 7(a) to the effect that documents may reasonably interfere with ongoing enforcement proceedings. However, ASA seeks documents for settled proceedings which the Commission cannot withhold the requested information. 

And even if the SEC could withhold documents on these grounds, it has fallen woefully short of its high burden to justify the withholding, as it has provided nothing but general, boilerplate statements for refusing to comply with ASA’s FOIA requests,” they added. 

Also Read: AI Giants OpenAI and Microsoft Routed By FTC, DOJ On Antitrust Concerns

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Investment disclaimer: The content reflects the author’s personal views and current market conditions. Please conduct your own research before investing in cryptocurrencies, as neither the author nor the publication is responsible for any financial losses.
Ad Disclosure: This site may feature sponsored content and affiliate links. All advertisements are clearly labeled, and ad partners have no influence over our editorial content.

Why Trust CoinGape

CoinGape has covered the cryptocurrency industry since 2017, aiming to provide informative insights Read more…to our readers. Our journal analysts bring years of experience in market analysis and blockchain technology to ensure factual accuracy and balanced reporting. By following our Editorial Policy, our writers verify every source, fact-check each story, rely on reputable sources, and attribute quotes and media correctly. We also follow a rigorous Review Methodology when evaluating exchanges and tools. From emerging blockchain projects and coin launches to industry events and technical developments, we cover all facets of the digital asset space with unwavering commitment to timely, relevant information.

About Author
About Author
David is a finance news contributor with 4 years of experience in Blockchain Technology and Cryptocurrencies. He is interested in learning about emerging technologies and has an eye for breaking news. Staying updated with trends, David reported in several niches including regulation, partnerships, crypto assets, stocks, NFTs, etc. Away from the financial markets, David goes cycling and horse riding.
Investment disclaimer: The content reflects the author’s personal views and current market conditions. Please conduct your own research before investing in cryptocurrencies, as neither the author nor the publication is responsible for any financial losses.
Ad Disclosure: This site may feature sponsored content and affiliate links. All advertisements are clearly labeled, and ad partners have no influence over our editorial content.