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Saturday, May 06, 2023 5:59:32 PM
The SEC had been warned for years prior to the Lucia Lawsuit that their hiring and firing power over their Administrative Law Judges was unconstitutional. Judges need to be free from any influence that would sway their decisions, Administrative Law Judges were not
The Judges had pressure placed on them by the SEC to return convictions which resulted in a 90% conviction rate vs similar cases tried by Federal Judges which had a 65% conviction rate.
When the SCOTUS Lucia judgement ruled that hundreds of ALJ trial decisions were invalid due to being decided by unconstitutional Judges the SEC had copious amounts of egg on their face.
The original judgement against BIEL, over $1.6 million, was abandoned for a new amount of $160k. BIEL knew that going through the laborious process of another SEC trial would cost them more in legal fees than the SEC settlement offer of $160k so they agreed.
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