DIRS.INFO The most relevant business & tech news

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

WASHINGTON (AP) — The Supreme Court is hearing arguments in a challenge to the Securities and Exchange Commission's ability to fight fraud, part of a broad attack on regulatory agencies led by conservative and business interests. Circuit Court of Appeals ruled in favor of Jarkesy and his Patriot28 investment adviser group on three separate issues. And it said laws shielding the commission’s administrative law judges from being fired by the president are unconstitutional. Jarkesy's lawyers noted that the SEC wins almost all the cases it brings in front of the administrative law judges but only about 60% of cases tried in federal court. A decision upholding the 5th Circuit's ruling could sweep far more broadly, calling into question the authority of administrative law judges at numerous federal agencies, the Justice Department said.

Persons: Biden, George R, Jarkesy, ”, Jennifer Walker Elrod, Andrew Oldham, Elrod, George W, Bush, Donald Trump, Eugene Davis, Ronald Reagan Organizations: WASHINGTON, Securities, Exchange, SEC, Circuit, Oldham, Justice Department Locations: New Orleans

☆ 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 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, ”

Search resuls for: "Patriot28"

5 mentions found