The Scope of the Jury Trial Right in SEC Enforcement Actions

What is the role of a jury in deciding the size of an SEC monetary penalty? A defendant’s right to a jury trial extends beyond the elements of the violation. Rather, it includes all factual findings that can lead to sanctions under the SEC’s civil money penalty regime.

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Matthew T. Martens & Troy A. Paredes
Cite as 71 N.Y.U. Ann. Surv. Am. L. 147 (2015)