The seal of the U.S. Securities and Exchange Commission (SEC) is seen at their headquarters in Washington, D.C., U.S.
Andrew Kelly | Reuters
Lawyers at the U.S. Securities Exchange Commission (SEC) have been told they need to seek permission from the politically appointed leadership before formally launching probes, two sources briefed on the matter said, in a marked change in procedure that could slow down investigations.
The change, which has not been previously reported, was made under new leadership at the SEC since President Donald Trump took office, the sources said, speaking on condition of anonymity as the move has not been made public.
Typically five commissioners, including the chair, oversee the independent agency. Currently, the Commission has three members — two Republicans and one Democrat. Commissioners are appointed by the president.
In recent days, some enforcement staff have been told that they will need to seek the Commission’s approval for all formal orders of investigation, which are required to issue subpoenas for testimony or documents, the sources said.
Previously, such authority had been delegated to lower-level staff. The Commission had the right of refusal — something that it didn’t always exercise.
Reuters could not determine whether the Commission had voted to formally revoke the delegation of that authority, or who ordered the change.
An SEC spokesperson declined to comment. The White House did not respond to a request for comment.
Proponents of such a change argue that it will reduce harm to individuals subject to investigations, while others say it takes away staff autonomy.
Since Trump became President, Republican Mark Uyeda is leading the agency, alongside Republican Hester Peirce and Democrat Caroline Crenshaw.
Prior chair Gary Gensler and fellow Democrat Jaime Lizárraga left the commission last month. Uyeda is holding the position of acting chair until former SEC Commissioner Paul Atkins, who was tapped by Trump to be SEC chairman, is confirmed. Atkins is expected to make a sharp turn away from how the Biden administration policed capital markets.
SEC enforcement staff can still informally investigate without such approval, including by sending out requests for information.
In recent history, the SEC has delegated authority to formally launch investigations to enforcement directors or other senior staff. Under the last administration, supervising attorneys below the enforcement director were able to issue such orders while during Trump’s previous administration, the SEC required approval by its two enforcement directors to formally launch probes.
The move is among the first changes in enforcement at the SEC under the new leadership, which is expected to be friendlier to industry.
While speaking on a panel at an industry conference on Tuesday, Steven Peikin, who was SEC co-director of enforcement under Republican Jay Clayton, speculated such a change could happen under the new administration.
“I think it’s a huge waste of commission resources to be focused on formal order authority,” Peikin said.
To be sure, the change does not necessarily mean fewer investigations will be launched, but it means the Commissioners are taking more control over enforcement earlier in the process.
The President signed an order on his first day vowing to end “weaponization” of the federal government, including at the SEC. The implications of the order for the SEC remain unclear.