SEC Chief Defends Texting Crackdown

News October 22, 2024 at 02:17 PM
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Gary Gensler, chairman of the Securities and Exchange Commission, defended the agency's texting crackdown, stating that the SEC has found that "hundreds of people at dozens of firms were blowing right past the [off-channel communication] rules that even their firms had in place."

With the settlements, Gensler said Monday during the Securities Industry and Financial Markets Association's annual meeting, "we tried to move the market behavior back to the right ZIP code."

Gensler made the comments during a question-and-answer session with SIFMA CEO Ken Bentsen.

Bentsen noted that "there's a growing frustration" as broker-dealers have learned to deal with the texting crackdown, asking Gensler, Is there "just going to be a constant liability for firms?"

Gensler responded: "Books and records are really important to control the risk in your firms." While some brokers and firms are using off-channel communications for "convenience," Gensler said, others are not.

Gensler relayed that he saw the use of off-channel communications while serving at the Commodity Futures Trading Commission.

At CFTC, "we were starting to investigate really one of the biggest frauds of the world was about interest rates, the Libor scandals," Gensler said. "And I call them scandals; it was really not good. But it was also around the foreign currency markets — using off-channel communications around the currency markets, and they had group chats … to manipulate the currency markets."

Hester Peirce, a Republican SEC commissioner, told lawmakers in late September that the agency's crackdown on texting and the use of unauthorized messaging apps by firms has become a "cash cow" for the SEC, which has issued more than $3 billion in fines for such conduct.

The agency should have taken a regulatory approach instead of levying fines, Peirce maintained, as no fraud has been found.

Pictured: Gary Gensler

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