The SEC has recently undergone a procedural overhaul that significantly curtails the autonomy of its enforcement division, with its lawyers now required to obtain direct approval from the politically-appointed Commission before launching formal investigations, according to sources familiar with the matter.
This change marks a dramatic departure from long-standing SEC practices. Previously, senior enforcement staff had the authority to initiate probes independently, allowing investigations to proceed swiftly when evidence of potential wrongdoing emerged.
Now, with a Republican, Mark Uyeda, leading the commission, the regulatory agency is poised to take a dramatically different approach compared to the Biden-era SEC under former Chair Gary Gensler.
Uyeda is currently serving as acting chair, but Trump’s preferred pick, former SEC Commissioner Paul Atkins, is expected to take the helm once confirmed. Atkins has long been a proponent of a more hands-off regulatory approach, particularly favoring industry-friendly policies over aggressive enforcement.
Some industry insiders argue that the change is necessary to prevent frivolous investigations that unfairly burden companies. But given the SEC’s historical role as Wall Street’s watchdog, any perceived weakening of its enforcement powers could erode public confidence.
While SEC enforcement staff still retain the ability to conduct informal inquiries, the lack of subpoena power without commission approval significantly limits their actions.
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