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Most Frequent Allegations

While the SEC publicizes only its enforcement actions and not its investigations, the management of public companies under investigation must make a determination as to whether the securities laws require public disclosure. Of the 197 public companies we have identified that settled enforcement proceedings related to company misstatements or omissions, we have found investigation announcement dates for 181. The average time from the investigation announcement to settlement for these 181 companies was 2.3 years. By way of comparison, over half of all enforcement actions in 2007 were brought within two years of the beginning of the investigation.

NERA’s analysis of trends in SEC settlements is based on data compiled from documents available from the SEC’s website. We have developed a proprietary database of SEC settlements by reviewing every litigation release and administrative proceeding document published from July 31, 2002 through September 30, 2008. We have distinguished individual from company settlements and classified them by type of alleged offense. The five most frequent SEC allegations that we have identified in our study period are shown below.

 

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