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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
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Libertarian Orgs Back Challenge To SEC Judges In 5th Circ.
Law360 (December 10, 2020, 12:34 PM EST) A pair of libertarian think tanks and a Koch brothers-funded conservative political advocacy group are throwing their support behind a Fifth Circuit challenge to the constitutionality of the U.S. Securities and Exchange Commission s in-house judges.
The Cato Institute, the Competitive Enterprise Institute and Americans for Prosperity Foundation asked the Fifth Circuit earlier this week to reverse a lower court s finding that accountant Michelle Helterbran Cochran, who claims SEC administrative law judges are unconstitutionally protected from removal, must let the SEC s administrative case against her play out before appealing in federal court.