During his recent keynote address at the New York City Bar Association’s 7th Annual White Collar Crime Institute, SEC Enforcement Co-Director Steven Peikin imparted a few suggested “do’s and don’ts” for effective communication with the SEC during the Wells process—typically the last opportunity to address potential charges prior to the authorization of a SEC enforcement proceeding. We’ve summarized his observations below.
Despite the clear stance Co-Director Peikin articulated for many of these issues, it pays to keep in mind that every situation is different. In our experience, what might be ineffective in one situation may prove surgically effective for a client in other circumstances. Ultimately, while the suggestions above may provide useful general advice, there are always additional considerations—which will be discussed in our next post.