Supreme Court rules that jury trial is required when SEC seeks civil penalties

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The Supreme Court ruled in favor of a man challenging a Securities and Exchange Commission's fine, saying the agency's in-house adjudication process ran afoul of his constitutional rights.

The seal of the U.S. Securities and Exchange Commission is seen at SEC headquarters, June 19, 2015, in Washington. The Supreme Court ruled in favor of a man challenging a Securities and Exchange Commission’s fine, saying the agency’s in-house adjudication process ran afoul of his constitutional rights.

“The SEC’s antifraud provisions replicate common law fraud, and it is well established that common law claims must be heard by a jury,” Chief Justice John G. Roberts Jr. wrote for the majority.The court’s three Democratic appointees dissented, warning that the court would unleash chaos by its ruling. The dissent argued that Congress has “enacted more than 200 statutes authorizing dozens of agencies to impose civil penalties.

The ruling against the SEC could limit or even end federal agencies’ in-house proceedings and require federal judges to rule in administrative cases, according to some court watchers. At least 27 federal agencies have employed administrative law judges, according to the Congressional Research Service.

 

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