Watch List Update: Hershey - Risk of Undisclosed SEC Investigation Today; A Recent Closed One, Also Undisclosed

HSY

The Probes Reporter™ Watch List tracks those companies involved in undisclosed SEC investigative activity.  Names are added to and removed from this list frequently based on responses we receive to Freedom of Information Act (FOIA) requests we file with the SEC.  This is our latest update.

Hershey Company, The (HSY)   
Possible, Undisclosed SEC Investigation 

Added to Watch List

Worth Noting:  In the same 04-Sep-2014 letter the SEC denied access to records on a current investigation, it also denied access to records the nature of which appear related to a previous SEC investigation involving Hershey.  The timing is worth noting. 

As seen below, as of last Sep-2013, the SEC indicated no recent investigative activity was found.  This gives suggestion there were two investigations involving Hershey in the past year.  One is closed and we cannot have records from it.  The other is causing the SEC to block our access to records today.  Neither was disclosed.

  • 04-Sep-2014: The SEC cites the "law enforcement exemption" of the FOIA as basis to deny the public access to the detailed records we sought on this company.  As a matter of law, they are acknowledging some sort of investigative activity. 

    The SEC also denied access to records the nature of which appear related to a previous SEC investigation involving Hershey.  Timing suggests this matter opened and closed sometime in the past year.

    No disclosure of SEC investigative activity was found in the past two years of this company’s SEC filings. We filed an administrative appeal to challenge these two denials.
     
  • 03-Sep-2013:  SEC indicates no recent investigative activity found.
     
  • 19-Sep-2012:  SEC indicates no recent investigative activity found.

No documents were provided to us on this company for any of our searches.

To learn more on our process and what our findings mean, click here.

Notes: The SEC did not disclose the details on investigations referenced above. The SEC reminds us that its assertion of the law enforcement exemption should not be construed as an indication by the Commission or its staff that any violations of law have occurred with respect to any person, entity, or security.  New SEC investigative activity could theoretically begin or end after the date covered by this latest information which would not be reflected here.

No