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Thursday, August 04, 2016 2:30:59 PM
Ruling Shows a Federal Court Appeal is an Important Check Against SEC Overreach, but also that a Politicized SEC Can Push
Innocent Professionals Out of the Business
The SEC lost the appeal of its controversial Flannery decision, which had been widely criticized as politicized SEC overreach because the Commission rejected the decision of its own Chief Administrative Law Judge – and two Republican SEC commissioners – in finding two State Street executives liable for securities fraud.
The U.S. Court of Appeals for the First Circuit handed the SEC a major loss in a controversial case, Flannery v. S.E.C.,[1] in which the SEC had previously reversed a decision by its own in-house Chief Administrative Law Judge (“ALJ”) that rejected liability for two State Street executives. The First Circuit found that the SEC’s case failed the “substantial evidence” test for upholding SEC factual findings of liability.
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