The Jury’s Not Out: Supreme Court’s Jarkesy Decision Limits SEC’s Use of Administrative Proceedings in Fraud Cases

The US Supreme Court recently decided a high-profile constitutional issue that has far-reaching implications for the US Securities and Exchange Commission (SEC) and its enforcement authority. The Supreme Court’s ruling in SEC v. Jarkesy limits the SEC’s ability to bring enforcement actions seeking penalties in its own administrative courts, requiring the SEC to bring its actions in federal court before an Article III judge instead.

In this article, Paul Helms, Caitlyn Campbell and DC Wolf examine the decision and the implications of limiting the reach of SEC administrative proceedings.