Welcome to SEC Roundup, a bimonthly video sequence by former Securities and Alternate Fee senior trial counsels Nick Morgan and Tom Zaccaro, founders of the nonprofit advocacy group Investor Alternative Advocates Community.
The SEC’s sweeping Consolidated Audit Path (CAT) — a surveillance device designed to trace each U.S. commerce all the way down to the person investor — simply bought a serious actuality examine from the eleventh Circuit Courtroom of Appeals.
On this episode, Morgan is joined by frequent co-host Jennifer Schulp, director of monetary regulation research on the Cato Institute, and Chris Iacovella, CEO of the American Securities Affiliation, to interrupt down what the court docket’s resolution actually means.
Collectively, they talk about:
- How the CAT developed from a publish–Flash Crash concept right into a sprawling surveillance regime
- Why the court docket struck down the SEC’s funding mannequin as “arbitrary and capricious”
- The broader constitutional questions now looming over CAT and SEC rulemaking
- The potential implications for investor privateness, main questions doctrine, and ongoing litigation in different circuits
As challenges to SEC authority mount, this case may reshape the company’s capacity to broaden its surveillance footprint — and lift the stakes for the way market regulation will get made within the first place.
“Nothing adjustments for 60 days, however on the finish of the 60 days, the funding rule will probably be vacated, leaving the CAT with no funding order, which was the case between 2016 and 2023,” Morgan defined.
As soon as the rule is vacated, the Monetary Trade Regulatory Authority “will be unable to move by way of 100% of its CAT prices to its member broker-dealers, which might have been permissible beneath the 2023 funding rule,” Morgan continued.
“Because the eleventh Circuit noticed, as soon as the funding rule is vacated, the CAT will probably be ‘with out a mechanism for the equitable allocation of prices between self-regulatory organizations and the broker-dealers,'” Morgan stated. “So the ball is firmly within the SEC’s court docket about the way to deal with that challenge.”
SEC Chairman Paul Atkins had directed the employees to check the CAT.
“Given the opposite litigation within the fifth Circuit difficult the CAT on far more elementary constitutional and statutory grounds, I might count on the Fee to do one thing that reduces CAT prices, thus decreasing the severity of any value allocation between FINRA and the brokers,” Morgan stated.
See the video above for the dialogue.
