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In the SEC vs. Jarkesy ruling of 2024, the Supreme Court overturned the Securities and Exchange Commission's ability to seek civil penalties for securities fraud in-house, which significantly scaled back the agency's enforcement capabilities.

Findings

Additional insights we found via The Federalist Society

  1. Administrative adjudications are court hearings that aren't conducted before a jury, but rather occur in front of an administrative law judge within the agency.

  2. The Jarkesy ruling required the SEC to bring securities fraud cases in federal court, before a jury, whenever it seeks civil penalties.

  3. In a 6-3 vote, the court ruled that internal hearings when the SEC is seeking civil penalties that happen without a jury are an unconstitutional violation of the Seventh Amendment, which protects the right to a trial by jury.

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