MyComplianceOffice Blog

If you’re in Compliance, you know the crucial role that the Chief Compliance Officer plays in helping to maintain integrity in the securities industry and preventing violations. CCOs’ jobs are challenging enough given the wide range of obstacles they face day to day without having to routinely worry about whether simply carrying out their responsibilities will subject them to personal liability.

U.S. Securities and Exchange Commission Chair Gary Gensler said in a speech to the Practicing Law Institute that during the fiscal year that just ended on September 30, the agency filed over 700 actions and obtained judgments and orders totaling $6.4 billion, including $4 billion in civil penalties.

 The actions, outlined in a recent press release, covered a wide range of misconduct including charges around insider trading, disclosure failures and omissions, market manipulation and fraud, misleading investors, executive accountability, failure to maintain books and records, failure to register crypto as a security and insufficient policies and procedures. 

According to Compliance Expert Elin Cherry from Elinphant, “anyone who’s actually worn the hat of the Chief Compliance Officer is very aware of the concerns of CCO liability.”  When it comes to regulatory liability, the line takes a stop at the CCO. So it’s critical that the CCO is both proactive and consistent with making senior management aware of what’s going on with Compliance within the organization. According to Cherry, rigorous issue reporting combined with regular meetings sets the tone for how your management hears you and opens the door better conversations.