Series 79 practice questionmediumSEC Enforcement Actions
When the SEC brings a civil enforcement action against an investment banker for securities fraud, which of the following remedies can the SEC seek?
- ACriminal imprisonment of up to 20 years without a jury trial
- BOnly a cease-and-desist order with no monetary penalties
- CDisgorgement of profits, civil monetary penalties, and an injunction barring the individual from serving as an officer or director of a public company✓ Correct answer
- DRevocation of the individual's U.S. citizenship
Explanation
Why C — Disgorgement of profits, civil monetary penalties, and an injunction barring the individual from serving as an officer or director of a public company
In civil enforcement actions, the SEC has authority to seek a range of remedies including disgorgement of ill-gotten gains, civil monetary penalties (which can be up to three times the profits gained or losses avoided), injunctive relief, and officer-and-director bars. Criminal imprisonment requires a separate criminal proceeding brought by the Department of Justice, not the SEC directly. The SEC's enforcement arsenal is broad and designed to both punish violators and deter future misconduct.
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