SEC loses another case over the use of in-house judges

SEC loses another case over the use of in-house judges
Federal judge, who issued similar ruling in August, says agency could solve the problem easily.
FEB 17, 2016
Ironridge Global Partners became the latest investment firm to win a preliminary injunction against a Securities and Exchange Commission administrative proceeding, in a ruling issued by U.S. District Judge Leigh Martin May in Atlanta on Tuesday. Ironridge Global, a San Francisco-based equity investor in microcap companies, filed a civil complaint after the SEC started an enforcement action against it on June 23 for allegedly operating as a broker-dealer without registering as one. The SEC administrative law judge process “is tailor-made to favor the SEC,” Ironridge's complaint said. (More: SEC appointment of in-house judges 'likely unconstitutional') Ms. May said in her order that the plaintiffs “have proved a substantial likelihood of success on the merits of their claim” that the process for appointing SEC administrative judges is unconstitutional. Ms. May granted a preliminary injunction to Gray Financial Group in August on similar grounds. In both cases, she wrote that the administrative law judge appointment issue “could easily be cured by having the SEC commissioners issue an appointment or preside over the matter themselves.” Hazel Bradford is a reporter at sister publication Pensions & Investments.

Latest News

Mesirow acquires part of flexPATH in second retirement deal of 2026
Mesirow acquires part of flexPATH in second retirement deal of 2026

Chicago-based Mesirow Fiduciary Solutions adds flexPATH's plan-level outsourced fiduciary book, boosting its retirement market reach to $164 billion.

Advisor moves: LPL lands $350M veteran advisor duo in Florida
Advisor moves: LPL lands $350M veteran advisor duo in Florida

Also, Raymond James's employee advisor channel adds breakaways from Wells Fargo and Stifel, while UBS welcomes an ex-Morgan Stanley duo in Indiana.

SEC accuses crypto firm founder of running $425 million Ponzi scheme
SEC accuses crypto firm founder of running $425 million Ponzi scheme

It promised guaranteed principal and 10% monthly returns. The SEC says it invested nothing.

MassMutual Ascend tops $2 billion in RIA annuity sales as advisors warm to income products
MassMutual Ascend tops $2 billion in RIA annuity sales as advisors warm to income products

Ten years after entering the fee-based annuity market, MassMutual Ascend says nearly half its lifetime sales came in the past two years alone – but barriers remain among fee-only advisors.

Fintech bytes: Wealth tech firms target advisor productivity with new integrations
Fintech bytes: Wealth tech firms target advisor productivity with new integrations

Amplify, WealthReach, Zeplyn and Zocks have unveiled partnerships aimed at automating portfolio management, content creation, account opening, and client communication.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income