Mark Cuban And Elon Musk Challenge SEC’s Use Of Administrative Proceedings

Key Points:

• Mark Cuban and Elon Musk challenge SEC’s use of in-house judges, arguing for the right to a jury trial and concerns about the SEC’s exercise of power.
• The amici, including Phillip Goldstein, Nelson Obus, Manouch Moshayedi, and ICAN, stress the importance of fair and transparent SEC proceedings in all circuits.

Mark Cuban and Elon Musk challenge SEC’s use of in-house judges, arguing denial of jury trial, unequal outcomes, erosion of trust, and limited market information.

Elon Musk and Mark Cuban have joined forces to challenge the Securities and Exchange Commission (SEC) regarding its use of in-house judges in administrative proceedings. In a joint amicus brief, they argue that the current system denies defendants the right to a jury trial and raises serious concerns about the SEC’s exercise of power.

Unequal Outcomes in SEC Administrative Proceedings

They emphasize that administrative proceedings result in unequal outcomes for defendants, erode trust in public institutions, and limit the availability of valuable market information. The brief highlights the SEC’s demand for transparency and disclosure while utilizing administrative proceedings that lack the rigor and deliberation of a jury trial.

The amici, including Phillip Goldstein, Nelson Obus, Manouch Moshayedi, and the Investor Choice Advocates Network (ICAN), stress the importance of the SEC being required to litigate appropriately in all circuits. They assert that respondents in SEC administrative proceedings are denied the right to a jury trial and the protections of federal rules of evidence and procedure.

Mark Cuban and Elon Musk Challenge SEC’s Use of In-House Judges

The lack of due process undermines constitutional protections, leads to unjust results, weakens faith in public institutions, and hinders the disclosure of critical information to the public and the market. Musk and Cuban, along with the other amici, believe it is crucial to prevent the SEC from selectively granting or denying parties their constitutional right to jury trials and to ensure meaningful oversight of administrative law judges (ALJs).

They urge the court to endorse the Fifth Circuit’s reasoning and promote fairness and transparency in SEC proceedings.

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