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In the Courts

By ALM Staff | Law Journal Newsletters |
December 28, 2011

Judge Calls into Question SEC's Long-Standing Policy Of Allowing Consent
Judgments in Which Defendants Neither Admit Nor Deny the Allegations

On Nov. 28, 2011, Judge Jed S. Rakoff of the Southern District of New York issued an opinion in which he refused to approve a settlement between the U.S. Securities and Exchange Commission (“SEC”) and Citigroup Global Markets, Inc. (“Citigroup”) wherein Citigroup would not be required to admit or deny the underlying allegations. The opinion, U.S. SEC v. Citigroup Global Markets Inc., 11 Civ. 738, 2011 WL 5903733 (S.D.N.Y. Nov. 28, 2011), has received much attention as it may herald a sea change in SEC settlements, which historically have not required such admissions.

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