With private enforcement foreclosed, enforcement of the IAA's prohibited transactions provision depends entirely on injunctive relief, administrative sanctions, and criminal prosecution, all of which require public actors to move.
Source quote, verbatim
Accordingly, the enforcement of the IAA's prohibited transactions provision is relegated to injunctive relief, administrative sanctions, and criminal prosecution.
Wulf A. Kaal, Investment Adviser Regulation (2013). SSRN: https://ssrn.com/abstract=2337268
Holds when
enforcement against violations of the prohibited transactions provision
Classification
failuresupport: arguedfailure: reliance on public enforcement onlyfamily: enforcement-gapcompliance
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