Based on new information received from the SEC, we are removing DEERE & CO (DE) from our Watch List.
The SEC had previously cited the "law enforcement exemption" of the FOIA as basis to block our access to the detailed records we sought on Deere. As a matter of law, the SEC acknowledged some sort of investigative activity. The SEC did not disclose the details of that investigation. 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.
At the time of the SEC’s earlier response to us, we found no clear disclosures of SEC investigative activity made by Deere so we added it to the Probes Reporter Watch List of companies with “Possible Undisclosed SEC Investigations”.
In a 23-Jun-2014 response to an appeal we filed with the SEC's Office of the General Counsel, we were informed the law enforcement exemption no longer applies. We interpret that to mean an SEC investigation previously causing our access to records to be blocked is now completed.
The SEC investigative file for Deere has been remanded for further processing. We may learn more about what took place if the SEC provides documents to us.
Note: New investigative activity could theoretically begin or end after the date covered by this latest information which would not be reflected here. In addition, companies can be exposed to multiple SEC investigations. Just because one is over does not mean there are not others.
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 received to Freedom of Information Act (FOIA) requests we file with the SEC. This is our latest update.