The Conman and the Sheriff: SEC Jurisdiction and the Role of Offshore Financial Centers in Modern Securities Fraud

Nick S. Dhesi
Vol. 88, Issue 6
Note appears in Issue 6
88 Texas L. Rev. 1345 (2010)

Over the last five years, a carousel of large, international frauds by well-known and well-regarded financiers undermined the integrity of global securities markets and international cooperation in market enforcement. In this Note, Dhesi advocates an expansion of SEC authority to place a substantial hurdle in the way of these conmen in the hopes of stripping them of a primary tool—the use of offshore financial centers (OFCs). To prevent conmen from avoiding SEC jurisdiction and capitalizing on self-interested local regulation in OFCs, Dhesi encourages Congress to grant the Commission the authority to initiate investigations on foreign soil, when the Commission perceives a substantial threat to investors in the United States, with prior consent from foreign regulators.

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