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Expert Analysis

Jarkesy May Thwart Consumer Agencies' Civil Penalty Power

By Brian Goodrich, Ceijenia Cornelius and Morgan Delabar (August 15, 2024, 5:53 PM EDT) -- On June 27, in U.S. Securities and Exchange Commission v. Jarkesy, the U.S. Supreme Court held that the SEC must bring civil penalty actions for securities fraud in federal court where the defendant is entitled to a jury under the Seventh Amendment to the U.S. Constitution, and cannot do so in an internal, administrative hearing....

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