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☆ Supreme Court curbs SEC powers to enforce securities laws
▼ + stars: | 2024-06-27 | by ( Lawrence Hurley | ) www.cnbc.com time to read: +2 min

People line up to get into the U.S. Supreme Court on the day where decisions ares expected to be handed down, in Washington, U.S., June 26, 2024. WASHINGTON — The Supreme Court on Thursday put new limits on the power of the Securities and Exchange Commission to enforce securities laws — the latest ruling in a series of cases that take aim at federal agencies. The court ruled 6-3 that adjudication of cases by in-house judges violates the right to trial by jury. The challenge zeroed in on how the SEC enforces securities laws, including those prohibiting insider trading. A three-judge panel of the New Orleans-based 5th Circuit U.S. Court of Appeals ruled against the agency, prompting the SEC to ask the Supreme Court to intervene.

Persons: WASHINGTON —, George Jarkesy, Elon Musk, Mark Cuban Organizations: U.S, Supreme, WASHINGTON, Securities and Exchange Commission, SEC, Circuit U.S Locations: Washington , U.S, New Orleans

☆ The Supreme Court just made it much harder to go after financial fraud
▼ + stars: | 2024-06-27 | by ( Jacob Shamsian | ) www.businessinsider.com time to read: +3 min

Read previewThe Supreme Court dealt a blow to the US Securities and Exchange Commission in a ruling Thursday, sharply limiting the way it pursues financial fraud cases. Until Thursday, the SEC had two ways of pursuing fraud cases. Or it could bring an "administrative proceeding" in its own in-house court, where it appoints its own judges and the cases have no juries. They handle all sorts of cases, not just financial fraud. Justice Sonia Sotomayor, who wrote the dissenting opinion, wrote that the majority decision disrespected the separation of powers between the different branches of government.

Persons: —, John Roberts, Roberts, Dodd, Frank, George Jarkesy Jr, Justice Sonia Sotomayor, Sotomayor Organizations: Service, US Securities and Exchange Commission, SEC, Business, US Senate, Department of Labor, Occupational Safety, Health Administration Locations: United States

The nine justices are due to hear arguments in an appeal by President Joe Biden's administration of a lower court's decision restricting the SEC's in-house tribunal system. Circuit Court of Appeals in 2022 ruled that the SEC's in-house proceedings violate the U.S. Constitution's Seventh Amendment right to a jury trial and infringe on presidential and congressional powers. The SEC, which enforces various U.S. laws that protect investors, pursued 270 new in-house proceedings in the fiscal year that ended on Sept. 30, compared to 231 in federal court. The court in 2018 faulted the way the SEC selected its in-house judges, and in April made it easier for targets of agency actions to mount challenges in federal court. The Supreme Court is expected to rule by the end of June.

Persons: Andrew Kelly, Joe Biden's, George Jarkesy, Jarkesy, Andrew Chung, John Kruzel, Will Dunham Organizations: U.S . Securities, Exchange Commission, Washington , D.C, REUTERS, Rights, U.S, Supreme, Securities, Exchange, Circuit, SEC, Patriot28, U.S . Consumer, Thomson Locations: Washington ,, New Orleans, Constitution's, Houston, disgorge, New York, Washington

☆ How 3 big Supreme Court cases could derail the government
▼ + stars: | 2023-11-29 | by ( Ayelet Sheffey | ) www.businessinsider.com time to read: +7 min

On Wednesday, the Supreme Court is hearing a case challenging the authority of federal agencies. AdvertisementThree major Supreme Court cases could upend the way the government works — and put Americans' federal benefits and consumer protections at risk. These are the other big cases to follow on the Supreme Court's docket. AdvertisementChanging how the federal government is allowed to make regulationsAnother Supreme Court challenge has big implications for the way all federal agencies function. AdvertisementThe Supreme Court will likely issue final decisions on these cases by June.

Persons: —, George Jarkesy, Jarkesy, Sheila Bair, Loper, Raimondo Organizations: Service, SEC, Securities and Exchange Commission, Center, American Progress, Social Security, Social Security Administration, Financial, Community Financial Services Association of America Ltd, Federal, Fifth Circuit, Federal Deposit Insurance, Loper Bright Enterprises, National Marine Fisheries Locations: Chevron

☆ SEC's in-house enforcement powers at risk in US Supreme Court case
▼ + stars: | 2023-11-28 | by ( Andrew Chung | ) www.reuters.com time to read: +6 min

The case involves hedge fund manager George Jarkesy, who the SEC fined and barred from the industry after determining he had committed securities fraud. Critics of the agency have argued that its in-house system gives it the unfair advantage of prosecuting cases before its own judges rather than before a jury in federal court. The case could make it harder for the SEC weed out bad actors in the securities industry, legal experts said. The court in 2018 faulted the way the SEC selected its in-house judges, and in April made it easier for targets of agency actions to mount challenges in federal court. The FINRA case - a constitutional challenge to its structure brought by Utah-based Alpine Securities Corp - is currently before another federal appellate court and eventually could come to the Supreme Court.

Persons: Andrew Kelly, Joe Biden's, George Jarkesy, Jarkesy, infringes, Benjamin Edwards, Edwards, FINRA, James Park, Andrew Chung, Will Dunham Organizations: U.S . Securities, Exchange Commission, SEC, Washington , D.C, REUTERS, Exchange, Circuit, 5th Circuit, Financial Industry Regulatory Authority, University of Nevada, Consumer, U.S, Constitution, Patriot28, Securities, Jarkesy, Alpine Securities Corp, Supreme, UCLA School of Law, Thomson Locations: Washington ,, New Orleans, Constitution's, Las Vegas, Houston, disgorge, Utah

on trialThe Supreme Court will hear a landmark case this week that could determine the future of the S.E.C.’s in-house enforcement arm and have serious consequences for how other regulators operate. Jarkesy was found guilty in an administrative proceeding overseen by an administrative law judge. But he won a later challenge to that process in federal court, saying that the Seventh Amendment guaranteed the right to a jury trial. Most justices have shown an inclination to limit agency power and this is just one of several cases challenging the power of federal regulators. The Supreme Court is also mulling the future of the Consumer Financial Protection Bureau and whether to overrule a principle that requires judges to defer to agencies’ interpretations of administrative rules.

Persons: Napoleon, ”, George Jarkesy, Jarkesy Organizations: Disney, Consumer Financial Protection Bureau

On the heels of that decision, a federal appeals court invalidated a federal law that bars an individual who is subject to a domestic violence restraining order from possessing a firearm. A three-judge district court panel struck down the plan in January, saying that race had been the predominant motivating factor. Three years ago, the Supreme Court limited the independence of the CFPB by invalidating its leadership structure. The court’s decision could impact whether the SEC and other agencies can conduct enforcement proceedings in-house, using administrative courts staffed with agency employees, or whether such actions must be brought in federal court. “It’s difficult to think of any other recent First Amendment cases in which the stakes were so high,” Jaffer added.

Persons: Clarence Thomas, ”, Biden, Zackey Rahimi, John Roberts, Taiwan Scott, Thomas, Elizabeth Prelogar, Magnuson, Paul Clement, ” Clement, “, pare, George Jarkesy, Sackler, ” Prelogar, Jameel Jaffer, Jaffer Organizations: CNN, Gun Safety, South Carolina’s Republican, South Carolina State Conference of, NAACP, Democrat, Republican, National Marine Fisheries Service, Chevron, Natural Resources Defense, Stevens Fishery Conservation, Management, Independent, Consumer Financial, Federal Reserve, US, Federal Deposit Insurance Corporation, Securities, Exchange, US Securities and Exchange Commission, SEC, Social Security Administration, Circuit, Historic Purdue Pharma, Purdue Pharma, Sackler, Purdue, Facebook, YouTube, Columbia University’s Locations: United States, South Carolina, Alabama, Taiwan, Charleston County, Chevron, Florida, Texas

☆ US Supreme Court to decide legality of SEC in-house enforcement
▼ + stars: | 2023-06-30 | by ( Andrew Chung | ) www.reuters.com time to read: +3 min

FILE PHOTO: The U.S. Supreme Court is seen in Washington, U.S., June 29, 2023. The case represents the latest legal attack against the actions of the SEC, which enforces various federal laws that protect investors. The Supreme Court, which has a 6-3 conservative majority, has signaled skepticism toward expansive federal regulatory power. The justices in 2018 faulted the way the commission selected its in-house judges, and in April allowed targets of actions by the SEC and other regulators to immediately mount challenges to agency processes in federal court. The SEC charges against Jarkesy and his firm proceeded before an in-house judge.

Persons: Joe Biden’s, Evelyn Hockstein, George Jarkesy, Jarkesy, Paring, hemming Organizations: Reuters, U.S, Supreme, Securities, Exchange Commission, REUTERS, SEC, Patriot28, Circuit, Jarkesy Locations: Washington , U.S, Houston, disgorge, Constitution’s, ”

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