The U.S. Supreme Court agreed to hear a case that could invalidate administrative courts used by the SEC and other federal agencies. With a 6-3 conservative majority, the Supreme Court .
On June 30, 2023, the Supreme Court granted certiorari in Securities and Exchange Commission v. Jarkesy to review a decision by the Fifth Circuit rejecting key aspects of the Securities.
The U.S. Supreme Court has agreed to decide whether some administrative trials by the U.S. Securities and Exchange Commission violate the Seventh Amendment’s right to a jury.
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<p>The Commission</p>
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<p class="article-publishdate">June 2, 2023</p>
<p><span>On April 5, 2022, the Commission issued a Statement Relating to Certain Administrative Adjudications (the “April 5 Statement”) describing a control deficiency related to the separation of enforcement and adjudicatory functions within the agency’s system for administrative adjudication. As the </span><a href="https://www.sec.gov/news/statement/commission-statement-relating-certain-administrative-adjudications">April 5 Statement</a><span> explained, for a period of time, certain databases maintained by our Office of the Secretary (“OS”) were not configured to restri
When authorizing an enforcement action, the U.S. Securities and Exchange Commission (SEC or Commission) typically has discretion to choose whether to bring a civil action in federal district court or an administrative.