Instead, the SEC asserted only that the company's disclosure controls and procedures had failed to capture information about alleged sexual harassment claims that, in some unspecified way, could have been relevant to Activision Blizzard's assessment of its risk disclosures about employee retention. The SEC fined the company $35 million for these alleged shortcomings, as well as for unrelated alleged violations of the SEC's whistleblower protection rules. This penalty is difficult to reconcile with those imposed in Exela ($175,000), Plug Power ($1.25 million) and Gentex ($4 million), where the alleged internal controls failures purportedly led to material misstatements and omissions. This suggests that the penalty was intended to punish conduct — alleged sexual harassment — that the SEC found offensive but over which it lacks jurisdiction. If so, then Activision Blizzard signals a potentially troubling turn in the SEC's view of its authority.