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SEC-Fraud Suits, Sukuk ’Lessons’, Volcker Loopholes: Compliance

Published: 09/01/2013 08:24:14 AM GMT
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The U.S. Supreme Court signaled it may tighten the time limits that apply when the Securities and Exchange Commission and other government agencies se (more)

The U.S. Supreme Court signaled it may tighten the time limits that apply when the Securities and Exchange Commission and other government agencies seek to impose fines on people and companies accused of fraud.

Hearing arguments yesterday in Washington, justices across the court's ideological divide voiced doubt about the Obama administration's position in a case involving market timing, the practice of making frequent, short-term trades at the expense of other investors.

The issue is whether the five-year window for suits had expired by the time the SEC sued two Gabelli Funds LLC officials, saying they secretly allowed market timing by a client. The Obama administration says the window opens only after the government has reason to know about a fraud -- an approach several justices said would reverse hundreds of years of practice and give federal enforcers too much power.


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