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News
August 11, 2015

SEC In-House Court Thrust Into ‘Uncomfortable Public Spotlight’

Is the Securities and Exchange Commission’s in-house court system “a parallel American judiciary, separate and unequal, that strains the highest laws of the land?”

As Bloomberg reports, critics of the in-house courts “question whether defendants get a lawful hearing.”

“Decades of fairness and reasonableness have been jettisoned for aggressiveness and a win-at-all-costs mindset,” said former SEC enforcement attorney Jacob Frenkel.

Last week, U.S. District Judge Richard Berman refused to dismiss a challenge by an executive who is subject to an internal SEC action — and Berman may rule next week on whether the SEC method for appointing in-house judges is constitutional.

Read the full story here.

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