10 Best Practices For Interacting With OCIE Examiners

Law360, New York (September 2, 2014, 10:40 AM EDT) -- Over the past two years, the U.S. Securities and Exchange Commission's Office of Compliance Inspections and Examination (OCIE) has increased its examination efforts and, some commentators surmise, has morphed into a powerful tool for the SEC's Division of Enforcement. As the role of OCIE seems to have shifted away from a preventative and sometimes prudential function to a more aggressive, investigative function aimed at finding violations to report to Enforcement, broker-dealers and investment advisers (particular firms that have not been examined previously, such as newly registered hedge funds) must exercise caution in their interactions with OCIE examiners. This brief piece provides some background on OCIE and its examination program for registered entities, and provides some practical advice when faced with an OCIE examination....

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