U.S. Securities and Exchange Commission Agency
Total Page:16
File Type:pdf, Size:1020Kb
U.S. SECURITIES AND EXCHANGE COMMISSION AGENCY FINANCIAL REPORT F ISCAL Y EAR 2 0 1 5 About This Report The U.S. Securities and Exchange Commission’s (SEC) Fiscal Year (FY) 2015 Agency Financial Report (AFR) provides financial and high-level performance results that enable the President, Congress and the public to assess the SEC’s accomplishments and understand its financial picture. This report satisfies the reporting requirements contained in the following laws and regulations: • Accountability of Tax Dollars Act of 2002 • Chief Financial Officers Act of 1990, as amended by the Reports Consolidation Act of 2000 • Dodd-Frank Wall Street Reform and Consumer Protection Act Section 922 Whistleblower Protection, and Section 963 Annual Financial Controls Audit • Federal Civil Penalties Inflation Adjustment Act of 1990, as amended • Federal Financial Management Improvement Act of 1996 • Federal Managers Financial Integrity Act of 1982 • Government Management Reform Act of 1994 • GPRA Modernization Act of 2010 • Improper Payments Information Act of 2002, as amended by Improper Payments Elimination and Recovery Act of 2010 and Improper Payments Elimination and Recovery Improvement Act of 2012 • Office of Management and Budget Circular A-123, Management’s Responsibility for Internal Controls • Office of Management and Budget Circular A-136, Financial Reporting Requirements • Recovery Auditing Act, Section 831, Defense Authorization Act, for 2002 For the fourth year in a row, the SEC is producing an AFR, with a primary focus on financial results, and an Annual Performance Report (APR), which focuses on strategic goals and performance results, in lieu of a combined Performance and Accountability Report. The FY 2015 APR will be included in the SEC FY 2017 Congressional Budget Justification available in February 2016. Additionally, SEC will publish a Summary of Performance and Financial Information (SPFI), also to be released in February 2016. This AFR and prior year SEC AFRs are electronically available at www.sec.gov/about/secreports.shtml. To comment on this report, email [email protected]. Certificate of Excellence in Accountability Reporting The SEC’s FY 2014 AFR received the Certificate of Excellence in the Accountability Reporting (CEAR) from the Association of Government Accountants, CERTIFICATE OF EXCELLENCE IN which represents the ninth year in a row the SEC ACCOUNTABILITY REPORTING® has received this honor. The award CERTIFICATE OF is presented to Federal Presented to the EXCELLENCE IN ACCOUNTABILITY® Government agencies REPORTING U.S. Securities BEST-IN-CLASS AWARD whose annual reports and Exchange Commission Presented to the achieve the highest In recognition of your outstanding efforts in preparing the Agency Financial U.S. Securities and standards demonstrating Report for the fiscal year ended September 30, 2014. Exchange Commission A Certificate of Excellence in Accountability Reporting is presented In recognition for Providing the accountability and by AGA to federal government agencies whose Agency Financial Reports achieve the highest standards demonstrating accountability and communicating results. Most Responsive Explanations and Actions for communicating results. In Prior Year CEAR Recommendations in your FY14 Agency Financial Report addition, the SEC received Robert F. Dacey, CGFM, CPA Chair, Certificate of Excellence in Accountability Reporting Board Robert F. Dacey, CGFM, CPA Chair, Certificate of Excellence a Best in Class Award for the in Accountability Reporting Board Ann Ebberts, MS, PMP Chief Executive Officer, AGA Most Responsive Explanations Ann M. Ebberts, MS, PMP Chief Executive Officer, AGA and Actions for Prior Year CEAR Recommendations. Contents Message from the Chair 2 Introduction to the Agency Financial Report 4 Management’s Discussion and Analysis 5 Mission, Vision, Values and Goals 6 History and Purpose 8 Organizational Structure and Resources 9 Fiscal Year 2015 in Review 13 Looking Forward 34 Financial Highlights 40 Performance Highlights 48 Verification and Validation of Performance Data 48 Strategic and Performance Planning Framework 48 Performance Achievements 50 Management Assurances and Compliance with Laws 53 Annual Assurance Statement 53 Management’s Assessment of Internal Control 54 Other Reviews 54 Financial Management Systems Conformance 55 Federal Information Security Management Act (FISMA) 55 Financial Section 57 Message from the Chief Financial Officer 58 Report of Independent Auditors 59 Enclosure I: Management’s Response to Audit Opinion 65 Financial Statements 68 Notes to the Financial Statements 74 Required Supplementary Information (Unaudited) 103 Investor Protection Fund Financial Statements 106 Notes to the Investor Protection Fund Financial Statements 108 Other Information 115 Combined Schedule of Spending (Unaudited) 116 Inspector General’s Statement on Management and Performance Challenges 118 Management’s Response to Inspector General’s Statement 129 Summary of Financial Statement Audit and Management Assurances 135 Improper Payments Elimination and Recovery Act Reporting Details 136 Civil Monetary Penalties Inflation Adjustment 138 Appendices 141 Appendix A: Chair and Commissioners 142 Appendix B: Major Enforcement Cases 145 Appendix C: SEC Divisions and Offices 160 Appendix D: Glossary of Selected Terms 162 Appendix E: Acronyms 167 Available on the Web at www.sec.gov/about/secafr2015.shtml To contact the SEC, please see www.sec.gov or “Contact Us” at www.sec.gov/contact.shtml. To comment on this report, email [email protected]. For further information on selected terms and topics, please see “Fast Answers” at www.sec.gov/answers.shtml. 2015 AGENCY FINANCIAL REPORT • MESSAGE FROM THE CHAIR Message from the Chair Throughout the past year, reporting and trading security-based swaps, required credit the more than 4,000 risk retention for asset-backed securities, advanced new talented public servants executive compensation disclosures, and adopted new of the U.S. Securities and rules to facilitate smaller securities offerings, among other Exchange Commission steps. We also took action in areas outside the Dodd- have diligently carried out Frank Act and JOBS Act, proposing enhanced data and the agency’s mission to liquidity requirements for asset management firms, finalizing protect investors, foster requirements for the use of technology by exchanges capital formation and and other key market participants, and proposing new promote fair, orderly and regulations for proprietary trading firms. efficient markets. Because of our work this last fiscal year, the Commission has The Commission’s accomplishments in Fiscal Year (FY) 2015 now essentially completed all of its mandatory rulemaking were many and significant. The Commission vigorously in six of the eight most significant areas requiring SEC pursued wrongdoing in the markets through a broad- action by the Dodd-Frank Act: the regulation of private based enforcement program, proposed and adopted major fund advisers; restrictions on proprietary trading; enhanced reforms to protect investors and markets from products standards for clearing agencies; a new regulatory framework and practices that contributed directly to the financial crisis, for municipal advisors; better regulation of credit rating enhanced our risk-based, data-driven examination program, agencies and credit ratings; and expanded regulation and deployed new technology and data analytics to increase and credit risk retention for asset-backed securities. The the efficiency and effectiveness of our programs. Commission is working to finalize rules for the remaining two areas: security-based swaps and executive compensation. Through these efforts and much more, the SEC works The Commission has also completed all of its significant to ensure that our capital markets are the strongest in rulemaking under the JOBS Act. the world. Our enforcement program continued building an impressive This past year, we continued to focus on advancing record this year by bringing 807 cases and obtaining orders rulemakings required under the Dodd-Frank Wall Street for $4.2 billion in penalties and disgorgement. Enforcement Reform and Accountability Act (Dodd-Frank) and the efforts were focused on important areas of concern, including Jumpstart Our Business Startups (JOBS) Act as well as financial reporting and accounting fraud and illegal practices on important discretionary policy initiatives. Under these by broker-dealers and investment advisers, bringing first- statutory mandates, we adopted major new rules for of-their kind cases in these and other areas. The program 2 MESSAGE FROM THE CHAIR • 2015 AGENCY FINANCIAL REPORT Message from the Chair continued to expand its use of innovative analytical tools In today’s evolving marketplace, the dedicated women and to leverage data to detect and investigate complex and men at the SEC are working hard to meet the changes we intricate violations of the Federal securities laws. face. The accomplishments of FY 2015 are a testament to the staff and Commission’s unyielding commitment to our Over the past year, our examination teams conducted nearly mission. As we look ahead to the next year, we will build 2,000 formal examinations of registrants, an increase over upon these efforts, strive to do more, continue adapting to each of the prior five fiscal years. Our examinations resulted the ever-changing markets, and do all of this in the most in the return of approximately $120 million to investors. effective way possible. I am pleased to report