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Testimony: 

Before the Subcommittee on Securities, Insurance, and Investment, 
Senate Committee on Banking, Housing, and Urban Affairs: 

United States Government Accountability Office: 
GAO: 

For Release on Delivery: 
Expected at 2:30 p.m. EDT:
Thursday, May 7, 2009: 

Securities and Exchange Commission: 

Greater Attention Is Needed to Enhance Communication and Utilization of 
Resources in the Division of Enforcement: 

Statement of Richard J. Hillman, Managing Director: 
Financial Markets and Community Investment: 

GAO-09-613T: 

GAO Highlights: 

Highlights of GAO-09-613T, a testimony before the Subcommittee on 
Securities, Insurance, and Investment, Senate Committee on Banking, 
Housing, and Urban Affairs. 

Why GAO Did This Study: 

In recent years, questions have been raised about the capacity of the 
Securities and Exchange Commission’s (SEC) Division of Enforcement 
(Enforcement) to manage its resources and fulfill its law enforcement 
and investor protection responsibilities. This testimony focuses on (1) 
the extent to which Enforcement has an appropriate mix of resources; 
(2) considerations affecting penalty determinations, and recent trends 
in penalties and disgorgements ordered; and (3) the adoption, 
implementation, and effects of recent penalty policies. The testimony 
is based on the GAO report, Securities and Exchange Commission: Greater 
Attention Needed to Enhance Communication and Utilization of Resources 
in the Division of Enforcement (GAO-09-358, March 31, 2009). For this 
work, GAO analyzed information on resources, enforcement actions, and 
penalties; and interviewed current and former SEC officials and staff, 
and others. 

What GAO Found: 

Recent overall Enforcement resources and activities have been 
relatively level, but the number of investigative attorneys decreased 
11.5 percent over fiscal years 2004 and 2008. Enforcement management 
said resource levels have allowed them to continue to bring cases 
across a range of violations, but both management and staff said 
resource challenges have delayed cases, reduced the number of cases 
that can be brought, and potentially undermined the quality of some 
cases. Specifically, investigative attorneys cited the low level of 
administrative, paralegal, and information technology support, and 
unavailability of specialized services and expertise, as challenges to 
bringing actions. Also, Enforcement staff said a burdensome system for 
internal case review has slowed cases and created a risk-averse 
culture. SEC’s strategic plan calls for targeting resources 
strategically, examining whether positions are deployed effectively, 
and improving program design and organizational structure. Enforcement 
management has begun examining ways to streamline case review, but the 
focus is process-oriented and does not give consideration to assessing 
organizational culture issues. 

A number of factors can affect the amount of a penalty or disgorgement 
that Enforcement staff seek in any individual enforcement action, such 
as nature of the violation, egregiousness of conduct, cooperation by 
the defendant, remedial actions taken, and ability to pay. In 2006, the 
Commission adopted a policy that focuses on two factors for determining 
corporate penalties: the economic benefit derived from wrongdoing and 
the effect a penalty might have on shareholders. In 2007, the 
Commission adopted a policy, now discontinued, that required Commission 
approval of penalty ranges before settlement discussions. Setting aside 
the effect of any policies, total penalty and disgorgement amounts can 
vary on an annual basis based on the mix of cases concluded in a 
particular period. Overall, penalties and disgorgements ordered have 
declined significantly since the 2005-2006 period. Total annual 
penalties fell 84 percent, from a peak of $1.59 billion in fiscal year 
2005 to $256 million in fiscal year 2008. Disgorgements fell 68 
percent, from a peak of $2.4 billion in fiscal year 2006 to $774.2 
million in fiscal year 2008. 

Enforcement management, investigative attorneys, and others agreed that 
the two recent corporate penalty polices—on factors for imposing 
penalties, and Commission pre-approval of a settlement range—have 
delayed cases and produced fewer, smaller penalties. GAO also 
identified other concerns, including the perception that SEC had “
retreated” on penalties, and made it more difficult for investigative 
staff to obtain “formal orders of investigation,” which allow issuance 
of subpoenas for testimony and records. Our review also showed that in 
adopting and implementing the penalty policies, the Commission did not 
act in concert with agency strategic goals calling for broad 
communication with, and involvement of, the staff. In particular, 
Enforcement had limited input into the policies the division would be 
responsible for implementing. As a result, Enforcement attorneys 
reported frustration and uncertainty in application of the penalty 
policies. 

What GAO Recommends: 

GAO made several recommendations, including that the SEC Chairman (1) 
further review the level and mix of Enforcement resources, and assess 
the impact of the division’s internal case review process; (2) examine 
whether the 2006 corporate penalty policy is achieving its intended 
goals; and (3) take steps to ensure appropriate staff participation in 
policy development and review. SEC agreed with the recommendations. 

To view the full product, including the scope and methodology, click on 
[hyperlink, http://www.gao.gov/products/GAO-09-613T]. For more 
information, contact Orice Williams at 202-512-8678 or 
williamso@gao.gov. 

[End of section] 

Mr. Chairman and Members of the Subcommittee: 

I am pleased to be here today to discuss the results of our recent 
study of the U.S. Securities and Exchange Commission (SEC) Division of 
Enforcement (Enforcement).[Footnote 1] The division plays a key role in 
helping the agency meet its mission of protecting investors and 
maintaining fair and orderly markets. Current economic conditions and 
recent turmoil in financial markets have underscored the importance of 
Enforcement's role. Each year, Enforcement brings hundreds of civil 
enforcement actions against individuals and companies accused of 
violating securities laws. However, we and others have criticized 
Enforcement's capacity to effectively manage its activities and fulfill 
its critical law enforcement and investor protection responsibilities 
on an ongoing basis. As you know, the alleged Madoff fraud--described 
as the largest Ponzi scheme in history--and the failure of Enforcement 
to detect the fraud during prior investigation of the firm have 
increased concerns about the adequacy of SEC's enforcement efforts. 

This statement is based on our March 31, 2009 report, and focuses on: 
(1) the extent to which Enforcement has an appropriate mix of resources 
dedicated to achieving its objectives, including support staff, 
information technology, and access to specialized services; (2) the 
factors that influence the amount of penalties and disgorgements that 
are ordered and the total amount of these remedies in recent years; and 
(3) the adoption, implementation, and effects of two recent policies 
for determining corporate penalties. 

To address our objectives, we analyzed information on trends in SEC 
resources, enforcement actions, and penalties, and reviewed relevant 
documents on the corporate penalty policies. We also met with SEC 
officials, former SEC commissioners, current and former Enforcement 
staff, and outside parties knowledgeable about Enforcement practices, 
such as securities defense attorneys and academics who study the 
securities industry and SEC. We held 11 small group meetings with a 
total of more than 80 front-line Enforcement staff--investigative 
attorneys, and first-level supervisors, known as branch chiefs--in four 
SEC offices across the country (Chicago, San Francisco, New York, and 
Washington, DC).[Footnote 2] We undertook this performance audit in 
accordance with generally accepted government auditing standards. These 
standards require that we plan and perform the audit to obtain 
sufficient, appropriate evidence to provide a reasonable basis for our 
findings and conclusions based on our audit objectives. We believe that 
the evidence obtained provides a reasonable basis for our findings and 
conclusions based on our audit objectives. 

Summary: 

Overall Enforcement resources and activities have been relatively level 
recently, but the number of non-supervisory investigative attorneys 
decreased 11.5 percent during fiscal years 2004 through 2008. 
Enforcement management said resource levels have not prevented the 
division from continuing to bring cases across a range of violations, 
but both management and staff said resource challenges have delayed 
cases, reduced the number of cases that can be brought, and potentially 
undermined the quality of some cases. Specifically, investigative 
attorneys cited the low level of administrative, paralegal, and 
information technology support, and unavailability of specialized 
services and expertise. Also, Enforcement staff said a burdensome 
system for internal case review has slowed cases, and that there is a 
culture of risk aversion. SEC's strategic plan calls for targeting 
resources strategically, examining whether positions are deployed 
effectively, and improving program design and organizational structure. 
Enforcement management has begun examining how to streamline case 
review, but their focus is on process and does not give consideration 
to assessing organizational culture issues. To address these issues, we 
recommended that the Chairman further review the level and mix of 
resources dedicated to Enforcement, and assess the impact that the 
division's current review and approval process for investigative staff 
work has on organizational culture and the ability to bring timely 
enforcement actions. 

A number of factors can affect the amount of a penalty or disgorgement 
that Enforcement staff seek in any individual enforcement action. For 
example, staff consider the nature of the violation, egregiousness of 
conduct, cooperation by the defendant, remedial actions taken, and 
ability to pay. In 2006, the Commission adopted a policy that focuses 
on two factors for determining corporate penalties: the economic 
benefit derived from wrongdoing and the effect a penalty might have on 
shareholders. In 2007, the Commission adopted a policy, now 
discontinued, that required Commission approval of penalty ranges 
before settlement discussions. Setting aside the effect of any 
policies, penalty and disgorgement amounts can vary on an annual basis 
based on the mix of cases concluded in a given period. However, overall 
penalties and disgorgements ordered have declined significantly since 
the 2005 through 2006 period. Penalties fell 84 percent, from a peak of 
$1.59 billion in fiscal year 2005 to $256 million in fiscal year 2008. 
Disgorgements fell 68 percent, from a peak of $2.4 billion in fiscal 
year 2006 to $774.2 million in fiscal year 2008. 

Enforcement management, investigative attorneys, and others agreed that 
the two recent corporate penalty polices--on factors for imposing 
penalties, and Commission pre-approval of a settlement range--have, as 
implemented, delayed cases and produced fewer, smaller penalties. We 
identified other concerns, including the perception by some that SEC 
had "retreated" on penalties and made it more difficult for 
investigative staff to obtain "formal orders of investigation," which 
allow for issuance of subpoenas for testimony and records. Our review 
also showed that in adopting and implementing the penalty policies, the 
Commission did not act in concert with agency strategic goals calling 
for broad communication with, and involvement of, the staff. In 
particular, Enforcement had limited input into the policies it would be 
responsible for implementing. As a result, Enforcement attorneys 
reported frustration and uncertainty in applying the penalty policies. 
To begin to address these issues, we recommended that the Chairman 
determine if the 2006 corporate penalty policy is achieving its stated 
goals, and any other effects the policy may have had in adoption or 
implementation. We also recommended that the Chairman take steps to 
ensure that the Commission, in creating, monitoring, and evaluating its 
policies, adheres to its strategic goal and follows other best 
practices for communication with, and involvement of, the staff 
affected by such changes. 

Background: 

SEC is an independent agency created to protect investors; maintain 
fair, honest, and efficient securities markets; and facilitate capital 
formation. SEC's five-member Commission oversees SEC's operations and 
provides final approval of SEC's interpretation of federal securities 
laws, proposals for new or amended rules to govern securities markets, 
and enforcement activities. Enforcement staff located in headquarters 
and 11 regional offices conduct investigations through informal 
inquiries, interviews of witnesses, examination of brokerage records, 
reviews of trading data, and other methods.[Footnote 3] At the request 
of Enforcement staff, the Commission may issue a formal order of 
investigation, which allows the division's staff to compel witnesses by 
subpoena to testify and produce books, records, and other documents. 
Following an investigation, SEC staff present their findings to the 
Commission for its review, recommending Commission action either in a 
federal court or before an administrative law judge. On finding that a 
defendant has violated securities laws, the court or the administrative 
law judge can issue a judgment ordering remedies, such as civil 
monetary penalties and disgorgement. In many cases, the Commission and 
the party charged decide to settle a matter without trial. In these 
instances, Enforcement staff negotiates settlements on behalf of the 
Commission. 

Investigative Staffing Has Fallen and Resource Challenges Undermine the 
Ability to Bring Enforcement Actions: 

Total Enforcement staffing has declined 4.4 percent, from a peak of 
1,169 positions in fiscal year 2005 to 1,117 positions in fiscal year 
2008.[Footnote 4] While overall Enforcement resources and activities 
have remained relatively level in recent years, the number of non- 
supervisory investigative attorneys, who have primary responsibility 
for developing enforcement cases, decreased by 11.5 percent, from a 
peak of 566 in fiscal year 2004 to 501 in fiscal year 2008. Enforcement 
management attributed this greater decline to several factors: 
promotion of staff attorneys into management during a hiring freeze, 
which left their former positions vacant; diversion of investigative 
positions to other functions; and reduction of opportunities for non- 
attorney support staff to move to positions outside the agency. 

At the same time, staff turnover has decreased and staff tenure 
increased. The majority of Enforcement's non-supervisory attorney 
workforce has 10 years of experience or less, but the distribution of 
experience in this category has reversed in recent years. The portion 
with less than 3 years of experience has declined by about 50 percent, 
and the portion with 3 to less than 10 years of experience has 
increased by about 55 percent. The portion with 10 to less than 15 
years, while small overall, has grown by about 14 percent. Enforcement 
management welcomed these trends, but believed they resulted from a 
weaker private-sector job market for attorneys. They felt that had 
market conditions been better recently, departures would have been more 
numerous, which would have depressed the experience level. 

Measured by the number of enforcement cases opened and number of 
enforcement actions brought annually, Enforcement activity has been 
relatively level in recent years. Case backlog has declined somewhat as 
the division has made case closings a greater priority. Nevertheless, 
Enforcement management and investigative attorneys agreed that resource 
challenges have affected their ability to bring enforcement actions 
effectively and efficiently. Enforcement management told us that the 
current level of resources has not prevented the division from 
continuing to bring cases across a range of violations. But management 
and staff acknowledged that current staffing levels mean some 
worthwhile leads cannot be pursued, and some cases are closed without 
action earlier than they otherwise would have been. More specifically, 
investigative attorneys cited the low level of administrative, 
paralegal, and information technology support, unavailability of 
specialized services and expertise, and a burdensome system for 
internal case review as causing significant delays in bringing cases, 
reducing the number of cases that can be brought, and potentially 
undermining the quality of cases. Enforcement management concurred with 
the staff's observations that resource challenges undercut enforcement 
efforts. Effective and efficient use of resources is important to 
accomplishing Enforcement's mission. SEC's strategic plan calls for 
targeting resources strategically, examining whether positions are 
deployed effectively, and exploring how to improve program design and 
organizational structure. Some attorneys with whom we spoke estimated 
that they spend as much as a third to 40 percent of their time on the 
internal review process. Recently, Enforcement management has begun 
efforts that seek to streamline the case review process. The initiative 
focuses on process, but our review suggests that organizational culture 
issues, such as risk aversion and incentives to drop cases or narrow 
their scope, are also present. If the division does not consider such 
issues in its initiative, it may not be as successful as it otherwise 
could be. 

Various Factors Affect the Amount of Penalties and Disgorgements 
Ordered, While Overall, Total Amounts Have Declined in Recent Years: 

Enforcement staff consider a number of factors when determining the 
dollar amounts of penalties and disgorgements, which in total have 
declined in recent years. To determine a penalty in an individual case, 
Enforcement staff consider factors such as the nature of the violation, 
egregiousness of conduct, cooperation by the defendant, remedial 
actions taken, and ability to pay. Disgorgement is intended to recover 
ill-gotten gains made, or losses avoided, through a defendant's 
actions. In 2006 and 2007, the Commission articulated certain policies 
for determining the appropriateness and size of corporate penalties. 
The 2006 policy--which the Commission said was based in part on the 
legislative history of a 1990 act that provided SEC with civil penalty 
authority--established nine factors for evaluating imposition of 
corporate penalties, but said two were of primary importance: (1) 
direct benefit to the corporation and (2) additional harm to 
shareholders.[Footnote 5] 

The 2007 policy, now discontinued, required Enforcement staff, when 
contemplating a corporate penalty, to obtain Commission approval of a 
penalty range before settlement discussions could begin. Cases that 
subsequently were settled within the range specified by the Commission 
were eligible for approval on an expedited basis. At the same time the 
Commission provided the settlement range, it also granted Enforcement 
staff authority to sue. According to Enforcement staff and former 
commissioners with whom we spoke, and as stated by the then-Chairman, 
the purpose of the policy, also known as the "pilot program," was to: 

* provide earlier Commission involvement in the penalty process; 

* strengthen Enforcement staff's negotiating position; and: 

* maintain consistency, accountability, and due process. 

Setting aside the effect of the implementation of any policy, the total 
amount of penalties and disgorgement ordered on an annual basis can 
vary according to the type and magnitude of cases concluded in a given 
period. As shown in figure 1, since reaching peaks in fiscal years 2005 
and 2006, total annual penalty and disgorgement amounts have declined. 
While both penalties and disgorgements fell in recent years, penalties 
have been declining at an accelerating rate, falling 39 percent in 
fiscal year 2006, another 48 percent in fiscal year 2007, and then 49 
percent in fiscal year 2008. Also, penalties declined in the aggregate 
by a greater amount than disgorgements. In particular, penalties fell 
84 percent, from a peak of $1.59 billion in fiscal year 2005 to $256 
million in fiscal year 2008. Disgorgements fell 68 percent, from a peak 
of $2.4 billion in fiscal year 2006 to $774.2 million in fiscal year 
2008. 

Figure 1: Dollar Totals of Penalties and Disgorgements, Fiscal Years 
2002 through 2008: 

[Refer to PDF for image: multiple line graph] 

Fiscal year: 2002; 
Disgorgements: $1,211,000,000; 
Penalties: $122,540,032. 

Fiscal year: 2003; 
Disgorgements: $863,875,000; 
Penalties: $955,632,512. 

Fiscal year: 2004; 
Disgorgements: $2,147,710,976; 
Penalties: $1,401,890,688. 

Fiscal year: 2005; 
Disgorgements: $1,670,800,640; 
Penalties: $1,605,780,736. 

Fiscal year: 2006; 
Disgorgements: $2,387,791,104; 
Penalties: $977,263,232. 

Fiscal year: 2007; 
Disgorgements: $1,084,820,480; 
Penalties: $505,470,144. 

Fiscal year: 2008; 
Disgorgements: $774,231,360; 
Penalties: $255,967,024. 

Source: SEC. 

[End of figure] 

Compared to fiscal year 2006, SEC brought more corporate penalty cases 
in fiscal 2007, but for smaller amounts. In 2007, SEC brought 10 cases, 
compared to 6 in 2006. Four of the six cases in 2006 resulted in 
penalties of $50 million or more, with the two largest, American 
International Group, Inc. and Fannie Mae, totaling $100 million and 
$400 million, respectively. In contrast, in the fiscal year 2007 cases, 
only two issuers, MBIA, Inc., and Freddie Mac, were assessed penalties 
of at least $50 million.[Footnote 6] 

The distribution of enforcement actions by type of case generally has 
been consistent in recent years. Enforcement management said that the 
division has met its goal that a single category of cases not account 
for more than 40 percent of all actions. 

Recent Corporate Penalty Policies--Adopted and Implemented with Only 
Limited Communication--Have Delayed Cases and Discouraged Penalties: 

We found that Enforcement management, investigative attorneys, and 
others concurred that the 2006 and 2007 penalty policies, as applied, 
have delayed cases and produced fewer and smaller corporate penalties. 
On their face, the penalty policies are neutral, in that they neither 
encourage nor discourage corporate penalties. However, Enforcement 
management and many investigative attorneys and others said that 
Commission handling of cases under the policies both transmitted a 
message that corporate penalties were highly disfavored and caused 
there to be fewer and smaller corporate penalties. 

According to a number of Enforcement attorneys and division managers, 
investigative attorneys began avoiding recommendations for corporate 
penalties. For example, when the question of whether to seek a 
corporate penalty is a close one, the staff will default to avoiding 
the penalty. Or, if investigative staff decides to seek a penalty, they 
will change their focus from pursuing what they otherwise would 
recommend as most appropriate to tailoring recommendations to what they 
believe the Commission will find acceptable. According to many 
investigative attorneys, the penalty policies contributed to an 
adversarial relationship between Enforcement and the Commission, where 
some investigative attorneys came to see the Commission less as an ally 
and instead more as a barrier to bringing enforcement actions. 

Enforcement management told us they concurred with these observations 
about the effect of the application of the penalty policies. Although 
the Commission never directed there be fewer or smaller penalties, the 
officials said this has been the practical effect because Commission 
handling of cases made obtaining corporate penalties more difficult. 
Over time, the officials said they struggled with implementation and 
were unable to provide guidance to the staff, because they saw the 
Commission's application of the penalty factors as inconsistent. 
Furthermore, the widely held view in Enforcement was that the unstated 
purpose of the 2006 policy was to scale back corporate penalties. 

Our review identified several other concerns voiced by Enforcement 
staff and others: 

* That the policies have had the effect of making penalties less 
punitive in nature--by conditioning corporate penalties in large part 
on whether a corporation benefited from improper practices, penalties 
effectively become more like disgorgement. 

* That the 2007 policy (Commission pre-approval of a settlement range) 
could have led to less-informed decisions about corporate penalties. 
That is, the Commission would decide on a penalty range in advance of 
settlement discussions, when settlement discussions themselves can 
reveal relevant information about the conduct of the wrongdoer. 

* That the policies have reduced incentives for subjects of enforcement 
actions to cooperate with the agency, because of the perception that 
SEC has retreated on penalties. 

* That it became more difficult to obtain formal orders of 
investigation, which allow issuance of subpoenas to compel testimony 
and produce books. Since fiscal year 2005, the number of formal orders 
approved by the Commission has decreased 14 percent. 

Our review also showed that in adopting and implementing the 2006 and 
2007 corporate penalty policies, the Commission did not act in concert 
with agency strategic goals calling for broad communication with, and 
involvement of, the staff. In particular, Enforcement, which is 
responsible for implementing the policies, had only limited input into 
their development. According to Enforcement management, the broad 
Enforcement staff had no input into either policy. Senior division 
management did have input into the 2006 policy, but none into the 2007 
policy. As a result, Enforcement attorneys say there has been 
frustration and uncertainty about application of the penalty policies. 

Mr. Chairman, this concludes my prepared statement. I would be happy to 
respond to any questions that you or other members of the subcommittee 
might have. 

Contacts: 

For further information on this testimony, please contact Orice M. 
Williams at (202) 512-8678 or williamso@gao.gov, or Richard J. Hillman 
at (202) 512-8678 or hillmanr@gao.gov. Contact points for our Offices 
of Congressional Relations and Public Affairs may be found on the last 
page of this statement. Individuals making key contributions to this 
testimony include Karen Tremba, Assistant Director and Christopher 
Schmitt. 

[End of section] 

Footnotes: 

[1] GAO, Securities and Exchange Commission: Greater Attention Needed 
to Enhance Communication and Utilization of Resources in the Division 
of Enforcement, [hyperlink, http://www.gao.gov/products/GAO-09-358]  
(Washington, D.C.: Mar. 31, 2009). 

[2] In this testimony, we collectively refer to investigative attorneys 
and branch chiefs with whom we spoke as "investigative attorneys." 
Also, while we spoke to a variety of Enforcement staff in small group 
meetings, the comments we received are not necessarily representative 
of the beliefs of all staff. 

[3] The Commission delegates various authorities to the Director of 
Enforcement, such as instituting subpoena enforcement proceedings in 
federal court or demanding production of various records. See 17 C.F.R. 
§ 200.30-4(10). 

[4] After the Sarbanes-Oxley Act of 2002, Pub. L. No. 107-204, 116 
Stat. 745 (July 30, 2002), increased SEC's appropriations 
authorization, Enforcement staffing increased before subsequently 
declining. In fiscal year 2008, staffing increased, but remained below 
the post-Sarbanes-Oxley peak. 

[5] See SEC, Statement of the Securities and Exchange Commission 
Concerning Financial Penalties (Jan. 4, 2006). In this statement, the 
Commission noted that SEC's authority to impose civil penalties was 
relatively new and that existing SEC penalty cases did not provide a 
clear public view of when and how the Commission would seek civil 
penalties against corporations. In describing a particular framework 
that it followed for penalty determinations in two cases, the 
Commission said it relied on the legislative history of the Securities 
Enforcement Remedies and Penny Stock Reform Act, Pub. L. No. 101-429, 
104 Stat. 931 (Oct. 15, 1990). The act provided SEC general authority 
to seek civil money penalties in enforcement cases. Prior to this act, 
the SEC's authority to seek civil penalties was generally limited to 
cases filed in district court for insider trading violations. In its 
January 2006 statement, the Commission identified factors from the 
statute and its legislative history pertinent to the analysis of 
corporate issuer penalties, with the first two being of principal 
consideration: (1) the presence or absence of a direct benefit to the 
corporation as a result of the violation; (2) the degree to which the 
penalty will recompense or further harm the injured shareholders; (3) 
the need to deter the particular type of offense; (4) the extent of the 
injury to innocent parties; (5) whether complicity in the violation is 
widespread throughout the corporation; (6) the level of intent on the 
part of the perpetrators; (7) the degree of difficulty in detecting the 
particular type of offense; (8) presence or lack of remedial steps by 
the corporation; and (9) the extent of cooperation with Commission and 
other law enforcement. 

[6] The parties settled without admitting or denying the charges. 

[End of section] 

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