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: NASD, SEC and Regulatory Defense BlogAll TROs, All the Time: Can the SEC be Trusted to Exercise its Discretion?
By Michael MacPhail, Esq.
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As I previously have noted, a major component of the SEC?s response to the economic crisis is obtaining TROs and asset freezes against defendants in civil actions filed in U.S. District Courts around the country. Yesterday, the SEC filed two more emergency civil actions in Texas and Arizona, obtaining TROs and asset freezes in both cases. This means the SEC has already obtained TROs in at least 21 cases since the beginning of the year, which is far more than it obtained during all of 2008. To justify its actions, the SEC issued press releases describing many of these cases as Ponzi schemes.
Courts are no obstacle to the SEC?s applications for emergency relief, so TROs are largely a matter of the SEC?s exercise of prosecutorial discretion...continue to full postFull post as published by NASD, SEC and Regulatory Defense Blog on April 07, 2009 (boomark / email).
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