U.S. Supreme Court weighs challenge to SEC in-house judges

By Kitco News / April 23, 2018 / www.kitco.com / Article Link

WASHINGTON (Reuters) - U.S. Supreme Court justices on Monday appeared divided over a challenge to the constitutionality of the Securities and Exchange Commission’s selection of in-house judges to enforce investor protection laws in a case involving a former radio host and investment adviser backed by the Trump administration.

The court heard arguments in an appeal by Raymond Lucia, who was given a lifetime ban from investment-related work by an SEC administrative law judge for misleading investors in his “Buckets Of Money” retirement wealth presentations. The case could expand the control by the president and political appointees over officials in various federal agencies.

Lucia argued that the SEC exceeded its authority in its hiring of the judges, violating part of the U.S. Constitution that gives the president the power to appoint certain types of federal officials. The justices on Monday struggled to determine whether a change in how administrative law judges are appointed would undermine the judges’ independence in making decisions.

Reporting by Andrew Chung; Editing by Will Dunham

Disclaimer: The views expressed in this article are those of the author and may not reflect those of Kitco Metals Inc. The author has made every effort to ensure accuracy of information provided; however, neither Kitco Metals Inc. nor the author can guarantee such accuracy. This article is strictly for informational purposes only. It is not a solicitation to make any exchange in commodities, securities or other financial instruments. Kitco Metals Inc. and the author of this article do not accept culpability for losses and/ or damages arising from the use of this publication.

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