SEC Reports Its Second-Biggest Fine Total Ever for 2023

News November 14, 2023 at 05:41 PM
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The Securities and Exchange Commission said Tuesday that it filed 784 total enforcement actions in fiscal 2023, a 3% increase over fiscal year 2022.

In fiscal 2023, the SEC obtained orders for $4.949 billion in financial remedies, the second highest amount in SEC history, after the record-setting financial remedies ordered in fiscal year 2022.

The agency brought 140 actions against broker-dealers and 139 against investment advisors/investment companies.

The enforcement actions included 501 original, or "stand-alone," actions — an 8% increase over the prior fiscal year.

The SEC also filed 162 "follow-on" administrative proceedings seeking to bar or suspend individuals from certain functions in the securities markets based on criminal convictions, civil injunctions, or other orders and 121 actions against issuers who were allegedly delinquent in making required filings with the SEC, the agency reported.

The financial remedies comprised $3.369 billion in disgorgement and prejudgment interest and $1.58 billion in civil penalties.

"Both the disgorgement and civil penalties ordered were the second highest amounts on record," the agency said.

The SEC also obtained orders barring 133 individuals from serving as officers and directors of public companies, the highest number of officer and director bars obtained in a decade.

In addition, the SEC reported that it distributed $930 million to harmed investors in fiscal year 2023, marking the second consecutive year with more than $900 million in distributions.

"The investing public benefits from the Division of Enforcement's work as a cop on the beat," said SEC Chairman Gary Gensler in a statement. "Last fiscal year's results demonstrate yet again the Division's effectiveness — working alongside colleagues throughout the agency — in following the facts and the law wherever they lead to hold wrongdoers accountable."

Fiscal 2023 was also a record-breaking year for the SEC's Whistleblower Program, the agency said.

The agency issued whistleblower awards totaling nearly $600 million, the "most ever awarded in one year," including a record-breaking $279 million awarded to one whistleblower.

The commission received more than 18,000 whistleblower tips in fiscal 2023, approximately 50% more than the then-record 12,300 whistleblower tips received in fiscal 2022. The SEC received more than 40,000 tips, complaints, and referrals in total, a 13% increase over fiscal 2022.

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