ABA Securities Midwest Regional Meeting and CLE Workshop

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ABA Securities Midwest Regional Meeting and CLE Workshop Emerging Trends and Priorities in Securities and Commodities Enforcement ABA Securities Midwest Regional Meeting and CLE Workshop Moderator: Vincent P. (Trace) Schmeltz III Barnes & Thornburg LLP Panelists: Jeffrey Shank U.S. Securities and Exchange Commission Rosemary Hollinger US Commodities Futures Trading Commission Jim Lundy Drinker Biddle & Reath LLP Jason Yonan U.S. Attorney’s Office for the Northern District of Illinois Jerome Tomas Baker & McKenzie October 14, 2016 Chicago, IL

New SEC Investigations Fiscal Years 2004–2015 Analysis by Cornerstone Research © 2016 Cornerstone Research. All rights reserved. Source: Select SEC and Market Data Reports; www.sec.gov Note: The SEC fiscal year ends on September 30 of the respective calendar year.

Enforcement Actions Initiated by the SEC Fiscal Years 2004–2016 Analysis by Cornerstone Research © 2016 Cornerstone Research. All rights reserved. Source: Select SEC and Market Data Reports; www.sec.gov Note: The SEC fiscal years begin on October 1 of the prior year and end on September 30. Starting in fiscal year 2013, the Division of Enforcement adjusted its definition of Enforcement Actions so as to exclude 21(a) Reports and certain civil concept matters. The impact in 2013 was 10 fewer actions being included.

Percentage of SEC Enforcement Actions as Follow-On Administrative Proceedings Fiscal Years 2013–2016 Analysis by Cornerstone Research © 2016 Cornerstone Research. All rights reserved. Source: Select SEC and Market Data Reports; www.sec.gov Note: SEC fiscal years begin on October 1 of the prior year and end on September 30.

New SEC Enforcement Activity Fiscal Years 2013–2016 Analysis by Cornerstone Research © 2016 Cornerstone Research. All rights reserved. Source: Select SEC and Market Data Reports; www.sec.gov Note: New SEC enforcement activity excludes enforcement actions filed as follow-on administrative proceedings. SEC fiscal years begin on October 1 of the prior year and end on September 30.

SEC Enforcement Actions Fiscal Years 2004–2015 Analysis by Cornerstone Research © 2016 Cornerstone Research. All rights reserved. FCPA Issuer Reporting and Disclosure Insider Trading Market Manipulation Securities Offering Investment Adviser/ Investment Co. Delinquent Filings Broker-Dealer Other Source: Select SEC and Market Data Reports; www.sec.gov Note: Data regarding enforcement actions related to Delinquent Filings are not available prior to FY 2006. In FY 2013 the Division of Enforcement adjusted its definition of Enforcement Actions so as to exclude 21(a) Reports and certain civil contempt matters.

Criminal Actions Related to Conduct Under Investigation by the SEC Fiscal Years 2010–2015 Analysis by Cornerstone Research © 2016 Cornerstone Research. All rights reserved. Source: Select SEC and Market Data Reports; www.sec.gov Note: The SEC fiscal year ends on September 30.

New CFTC Investigations Fiscal Years 2011–2015 Analysis by Cornerstone Research © 2016 Cornerstone Research. All rights reserved. Source: FY 2011–2014 CFTC Annual Enforcement Results Press Releases; FY 2015 CFTC Agency Financial Report Note: The CFTC fiscal year ends on September 30 of the respective calendar year. The exact number of new investigations opened in each year exceeds the number disclosed above, as indicated in the CFTC's annual press releases.

Enforcement Actions Initiated by the CFTC Fiscal Years 2010–2015 Analysis by Cornerstone Research © 2016 Cornerstone Research. All rights reserved. Source: FY 2015 CFTC Agency Financial Report Note: The CFTC fiscal year ends on September 30 of the respective calendar year.

Sanctions Ordered by the CFTC Fiscal Years 2010–2015 Analysis by Cornerstone Research (in billions) © 2016 Cornerstone Research. All rights reserved. Source: FY 2015 CFTC Agency Financial Report Note: The CFTC fiscal year ends on September 30 of the respective calendar year. The sanctions ordered represent civil monetary penalties, disgorgement, and restitution.

Percentage of CFTC Enforcement Division's Major Fraud and Manipulation Cases Involving Parallel Criminal Proceedings Fiscal Years 2013–2015 Analysis by Cornerstone Research © 2016 Cornerstone Research. All rights reserved. Source: FY 2013–2015 CFTC Annual Enforcement Results Press Releases Note: The CFTC fiscal year ends on September 30 of the respective calendar year. The percentage for FY 2013 is only for major fraud cases.

ABA Securities Midwest Regional Meeting and CLE Workshop Emerging Trends and Priorities in Securities and Commodities Enforcement ABA Securities Midwest Regional Meeting and CLE Workshop Moderator: Vincent P. (Trace) Schmeltz III Barnes & Thornburg LLP Panelists: Jeffrey Shank U.S. Securities and Exchange Commission Rosemary Hollinger US Commodities Futures Trading Commission Jim Lundy Drinker Biddle & Reath LLP Jason Yonan U.S. Attorney’s Office for the Northern District of Illinois Jerome Tomas Baker & McKenzie October 14, 2016 Chicago, IL