The SEC, after 7 months, sent a complaint to me this morning and wants to me sign the settlement before the end of the day.

Asked almost 2 years ago - Brownsburg, IN

They leave any fines openended so that we can work it out later. Why such a rush to get a settlement signed today? I have a number of problems with the complaint (most minor, some not so minor) but the settlement says that I neither admit or deny anything in the complaint. I don't understand the rush to sign this now as they said they don't want to "pile on" what I am dealing with against the state. Why can't we work out the settlement fully, including the payment (if any), and submit it to the judge all at once?

Attorney answers (3)

  1. Jorge Luis Rodriguez

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Securities law is a highly specialized area of practice and you may be best served by consulting a local attorney who handles those types of cases rather than seeking a general answer to why there is such a rush to settle today. I also sounds like you've been dealing with the SEC and this matter for months so they may have felt that you were ready to accept or reject a settlement today and the formal complaint and written settlement offer is just formality after seven months. Again you should consider consulting an attorney who handles such matters routinely.

  2. Kurt Duane Elkins

    Pro

    Contributor Level 10

    Answered . You should consult with a lawyer ASAP. I can not think of why the would want an answer that fast, have you had contact with the SEC before this?

    Please consult or retain a lawyer for your particular issue.
  3. Robert V Cornish Jr.

    Contributor Level 16

    Answered . This is typical of SEC staff in my view, especially if you are unrepresented. As I have written this past week, AWCs present interesting issues when it comes to civil liability and their use in other proceedings, so careful negotiation with the SEC is crucial. Letting them know you've hired an attorney and to direct communications to that attorney should slow things down some. There are a myriad of things I can think of that need to be addressed in a matter like this, including how this is meshing with the state regulatory action. And of course, how restitution is to be handled is a major issue given that you have a parallel proceeding with a state regulator. You don't want competing restitution obligations.

    Happy to assist further

    The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client... more

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