The U.S. Securities and Exchange Commission (SEC) is getting ready for a major legal showdown amid its increased scrutiny of the digital assets industry. The U.S. Supreme Court is reportedly set to weigh in on the constitutionality of the Commission’s in-house courts. This move has sparked a broader debate on the enforcement system employed by federal agencies across the nation.
US SEC to change its legal mechanism
The case in the limelight, Jarkesy vs SEC, revolves around hedge fund manager George Jarkesy who is accused of fraud in the SEC’s in-house administrative court in 2013. However, the New Orleans-based 5th U.S. Circuit Court of Appeals, in a 2022 ruling, found out that the commission’s internal proceedings were in violation of the U.S. Constitution’s Seventh Amendment. It asserted a right to a jury trial, and reportedly encroaching on presidential and congressional powers.
President Joe Biden’s administration went on to appeal this decision asking the Supreme Court to consider the SEC’s in-house tribunal system’s legality. At the same time, Jarkesy’s defense argues that the SEC’s in-house court denies defendants their right to a jury trial.
According to reports, legal experts suggest that a sweeping decision against in-house proceedings could bring in broad implications for federal agencies. This includes their ability to adjudicate claims ranging from social security petitions to violations of securities laws.
Crypto industry awaits decision
It is important to note that, this hearing comes at a time when the Supreme Court, split 6-3 between conservative and liberal justices showed a notable skepticism towards agencies’ authority.
If the Supreme Court rules in favor of Jarkesy, it is expected that this would potentially disrupt SEC enforcement activities. It will eventually delay actions against misconduct by brokers and investment advisers.
On the other hand, the SEC has continued its scrutiny of the digital asset linked companies. The commission is seeking evidence against Binance for potential control over assets stored on the Binance.US platform. While Binance and its founder, Changpeng Zhao, recently pleaded guilty to criminal charges related to anti-money laundering controls.
