Securities enforcement settlements last year reached their highest level since 2007, according to NERA Economic Consulting.
The New York City-based firm reports that settlements with the U.S. Securities and Exchange Commission (SEC) totaled 714 in fiscal 2012, up 6.6% from fiscal 2011. Additionally, NERA notes, the total number of settlements with individuals reached its highest level since 2005, with 537 deals, up 14% from fiscal 2011.
Median settlement values for companies declined to US$1 million in fiscal 2012 from US$1.4 million the previous year, NERA said. Yet, median settlement values for individuals more than doubled since 2009 from US$103,000, to US$221,000.
NERA also notes that the percentage of SEC settlements in fiscal 2012 that had a monetary penalty increased to 69%, above the 57% rate in fiscal 2011, and the average rate of 59.5% between 2003 and 2010. SEC settlements against companies involving a monetary payment increased to more than three-quarters of all settlements in fiscal 2012, up from 62% the previous year, and a 56% average rate from 2003 and 2010.
NERA also reports that settlements for several categories of allegations reached new highs during the year, including cases involving insider trading charges, allegations of misrepresentation and misappropriation by financial firms, alleged Ponzi schemes, and trading violations.