Get 40% Off
🚨 Volatile Markets? Find Hidden Gems for Serious OutperformanceFind Stocks Now

U.S. federal judge in New York criticizes SEC 'gag orders' policy

Published 10/28/2022, 04:19 PM
Updated 10/28/2022, 04:31 PM
© Reuters. FILE PHOTO: The seal of the U.S. Securities and Exchange Commission hangs on the wall at SEC headquarters in Washington, June 24, 2011. REUTERS/Jonathan Ernst/File Photo

By Jody Godoy

(Reuters) - A U.S. federal judge in New York on Friday called it "troubling" that a Securities and Exchange Commission (SEC) policy makes people who settle charges of fraud, insider trading or other allegations agree not to deny them later.

Under the decades-old policy, defendants who settle without admitting to allegations must agree not to publicly deny them. The practice, a standard in SEC settlements, has been upheld in courts despite drawing ire from critics including former defendants, the libertarian Cato Institute and other groups that favor limiting government power.

U.S. District Judge Ronnie Abrams took said in a ruling that requiring "gag orders" clashes with the constitutional protection of free speech.

"What is the SEC so afraid of? Any criticism, apparently—or, rather, anything that may even 'create the impression' of criticism—of that governmental agency," Abrams wrote.

The judge nevertheless approved a settlement with a no-deny clause, following a ruling last year by the 2nd U.S. Circuit Court of Appeals which said the practice was not unconstitutional.

Critics say the rule, dating back to the 1970s, violates defendants' rights to free speech. They have sought unsuccessfully to invalidate it in court in recent years.

The SEC has defended the policy, saying that defendants are free to challenge allegations in court instead of settle.

While two judges on the conservative 5th U.S. Circuit Court of Appeals have criticized the policy, no court has ruled against the SEC.

The U.S. Supreme Court in June rejected a petition on the issue that had received support from Elon Musk.

3rd party Ad. Not an offer or recommendation by Investing.com. See disclosure here or remove ads .

That case was brought by former Xerox (NASDAQ:XRX) executive Barry Romeril. The 2nd Circuit ruled last year that Romeril freely waived his right to deny accounting fraud allegations when he settled with the SEC.

One of the attorneys who represented Romeril in the appeal was Abrams' father, she disclosed in her opinion.

"Rare though it may be, occasionally we must acknowledge when our parents happen to get it right," Abrams wrote.

The case is SEC v, Moraes, U.S. District Court, Southern District of New York, No. 22-cv-08343.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.