is significant in many ways, but especially because it will significantly curtail the federal government’s ability to hand out civil penalties through administrative courts that operate differently from criminal and civil courts.
Enter George Jarkesy Jr., who was fined $300,000 by the SEC’s in-house court for committing securities fraud. Jarkesy argued that he was entitled to a jury trial and that the power the SEC had to independently levy harsh fines violated the Constitution’s Seventh Amendment, which says, “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved.
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