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Supreme Court strips SEC of key enforcement power to penalize fraud
Washington — The Supreme Court on Thursday ruled against the Securities and Exchange Commission in a dispute over the agency’s ability to use in-house tribunals to seek civil penalties against defendants for securities fraud, stripping the agency of a key enforcement tool.
The court ruled 6-3 against the SEC in the case, finding that the Seventh Amendment entitles a defendant to a jury trial. The court split along ideological lines, with Chief Justice John Roberts writing for the conservative majority.
SEC v. Jarkesy
The case, known as SEC v. Jarkesy, was one of several before the Supreme Court this term that challenged the actions of federal agencies and threatened to curtail their power.
This dispute involved the ways in which the SEC enforces securities laws: through civil actions brought in federal district court or through internal proceedings overseen by in-house administrative law judges. These judges, appointed by the SEC in this case, can be removed only for “good cause established and determined by the Merit Systems Protection Board,” whose three members are appointed by the president and can be removed “only for inefficiency, neglect of duty, or malfeasance in office.”
The case arose in 2013, when the SEC brought an administrative proceeding against George Jarkesy, the founder of two hedge funds with roughly 120 investors and $24 million in assets. An administrative law judge at the SEC was assigned the proceeding and found that Jarkesy violated several securities laws. He was eventually ordered to pay a civil penalty of $300,000 and his advisory firm, Patriot28, also had to repay nearly $685,000 in what the SEC determined were illicit gains.
Jarkesy appealed the decision to the U.S. Court of Appeals for the 5th Circuit, as allowed under the law, which tossed out the SEC’s findings on three different constitutional grounds. In a divided ruling, the appeals court found that the SEC’s proceedings violated the Seventh Amendment right to a jury trial and held that Congress improperly delegated power to the SEC when it allowed the agency to conduct the internal tribunals in certain matters or bring a case in district court. Lastly, the 5th Circuit ruled that the limits on the removal of the SEC’s administrative law judges were unconstitutional.
The SEC appealed the decision to the Supreme Court and asked it to review the three constitutional issues in late November. But much of the argument session before the justices involved Jarkesy’s claim that Congress violated the Seventh Amendment by allowing the SEC to conduct in-house administrative proceedings.
The case threatened to upend the work of administrative law judges that work in federal agencies, including the Occupational Safety and Health Administration, Social Security Administrative and Environmental Protection Agency.
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USPS announces Betty White stamp will be released in 2025
Legendary TV icon Betty White will be honored in 2025 with a stamp, the U.S. Postal Service announced on Friday.
The “Golden Girls” and “Mary Tyler Moore Show” actor “shared her wit and warmth with viewers for seven decades,” the news release from the USPS read.
“The comedic actor, who gained younger generations of fans as she entered her 90s, was also revered as a compassionate advocate for animals,” the USPS said.
The image of White, who died in 2021, was created based on a 2010 photograph, the USPS said. The USPS said the list of new stamps released on Friday is a partial one, with additional stamps to be announced in the coming weeks and months.
“This early glimpse into our 2025 stamp program demonstrates our commitment to providing a diverse range of subjects and designs for both philatelists and stamp enthusiasts,” said Lisa Bobb-Semple, stamp services director for USPS.
White launched her TV career in daytime talk shows when the medium was still in its infancy and endured well into the age of cable and streaming. Her combination of sweetness and edginess gave life to a roster of quirky characters in shows from the sitcom “Life With Elizabeth” in the early 1950s to oddball Rose Nylund in “The Golden Girls” in the ’80s to “Boston Legal,” which ran from 2004 to 2008.
White died in December 2021. She was 99 and just a few weeks shy of what would have been her 100th birthday on Jan. 17.
When asked how she had managed to be universally beloved during her long career, White summed it up with a dimpled smile: “I just make it my business to get along with people so I can have fun. It’s that simple.”
The USPS said it will also honor pianist and composer Allen Toussaint, who died in 2015 at the age of 77.