In a move that has raised eyebrows among financial regulators and ethics watchdogs, the Securities and Exchange Commission under President Donald Trump’s administration has decided to forgive substantial financial penalties for three individuals convicted of major fraud schemes. These cases involve hundreds of millions of dollars allegedly defrauded from American investors, with the SEC opting not to pursue restitution despite prior convictions. The decision, detailed in a recent New York Times report, centers on Devon Archer, Trevor Milton, and Carlos Watson, all of whom received clemency or pardons from Trump and now see their debts to victims effectively erased.
Devon Archer, once a business associate of Hunter Biden, was convicted in a scheme that defrauded a Native American tribe out of $60 million through bogus bond sales. Trevor Milton, founder of electric truck maker Nikola Corp., faced charges for misleading investors about the company’s technology, leading to losses exceeding $800 million. Carlos Watson, co-founder of media company Ozy Media, was found guilty of securities fraud that bilked investors out of tens of millions by fabricating financials and audience metrics. According to the Kansas City Star opinion piece, these individuals had ties to Republican circles, prompting questions about political favoritism in regulatory enforcement.
Unpacking the Clemency Connections and Regulatory Shifts
The SEC’s choice to drop restitution efforts aligns with Trump’s broader pattern of granting clemency to allies and donors, but it extends into civil penalties that typically survive criminal pardons. Insiders note that while presidential pardons can nullify criminal sentences, they don’t automatically void SEC-imposed disgorgement or fines, which are meant to compensate victims. In Archer’s case, the fraud involved Wakpamni Lake Community Corp., where fake annuities were sold, leaving tribal members in financial ruin. The New York Times highlights how the agency quietly informed courts it would no longer seek to collect over $200 million collectively from these three.
For Milton, the fallout from his 2022 conviction included a four-year prison sentence that Trump commuted, but the SEC had sought $660 million in penalties tied to Nikola’s inflated stock value. Watson’s Ozy Media collapse, as covered in various outlets, involved celebrity endorsements and falsified contracts, defrauding investors like Goldman Sachs. The decision not to recoup funds means victims—ranging from individual retirees to institutional players—bear the losses without government-backed recovery, a stark departure from past SEC aggressiveness under previous administrations.
Implications for Investor Protection and Agency Independence
Critics argue this forgiveness undermines the SEC’s core mission to protect investors and maintain market integrity. Financial experts point out that such leniency could embolden future fraudsters, knowing political connections might shield them from full accountability. The Kansas City Star op-ed describes it as the agency “letting three stock scammers with Republican Party ties get away with robbing the American people of $750 million,” emphasizing the partisan optics.
Historically, the SEC has pursued disgorgement vigorously, as seen in cases like the 2016 fraud involving Texas oilman Chris Faulkner, who bilked investors out of $80 million, per a Reuters report. Yet, under Trump’s SEC leadership, priorities appear shifted toward deregulation, with reduced enforcement actions in white-collar crimes. Industry insiders whisper that this could signal a broader erosion of trust in federal oversight, potentially leading to calls for congressional intervention to safeguard restitution mechanisms.
Broader Patterns in Fraud Enforcement Under Trump
This isn’t an isolated incident; Trump’s administration has targeted other scam networks, such as Southeast Asian cyber operations that stole billions from Americans, imposing sanctions as noted in a Bloomberg article. However, the selective forgiveness for high-profile figures contrasts sharply with aggressive pursuits elsewhere. For instance, while the SEC under Trump has cracked down on Covid-related scams costing $586 million, according to CNBC, it has shown leniency here, possibly due to the individuals’ political donations or affiliations.
The long-term effects on market confidence remain uncertain, but for victims like those in the Archer tribal fraud or Milton’s investor pool, the message is clear: justice can be politically negotiable. As one former SEC official anonymously told reporters, this sets a dangerous precedent where “fraud pays if you know the right people.” With midterm elections looming, expect heightened scrutiny on how regulatory bodies balance enforcement with executive influence.