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Saturday, February 16, 2013

postheadericon SEC To Second Circuit: 'Please Don't Make Us Do Our Jobs!'

Cross-posted

not want to live in a city where the police and mafia working together.

On a independent, the Second Circuit recently heard arguments from the SEC - the federal agency charged by law to enforce the country's laws and values ??- Citigroup - a company headed by securities laws violations that refuses to acknowledge or deny the commission -. on the same side

This should be a red flag.

wanted the second Circuit Judge Jed Rakoff flogged for having the audacity to ask the SEC to do its job very well. The nerve of some people.

Well, securities law may not be as sexy as the drone attacks, but I've seen the SEC try to get naked power of the executive.

So this was my first ride in my new role as a journalist in the Federal Court before I visit time and time as a lawyer. It is a different experience to walk without suit and no drilling yourself to make sure I remembered everything to the audience. Almost relaxes a little.

The room was an absolute zoo, built too small for an audience that had the attention of the media and all financial institutions involved in the future of their relationship with their regulator. Add in the army of employees who leave to see, the courthouse had to create a listening room with folding chairs and a TV simulcast of the event (and until room was finally standing).


When I arrived, the TV does not show the face and torso floating Judge Rosemary Pooler, joining District procedures upstate New York, in a room that looked suspiciously like the backdrop of a scattered walls video of hostages, utilities, a switch and a flag. I felt bad do you feel as a defendant in a green room with a hundred lawyers and journos who watch his every move. It was as if Big Brother law.

    The bottom line is quite simple. In 2011, the SEC and Citigroup gave a consent decree Judge Rakoff. The judge was forced to seek the help of facts which endorse a decree that basically let Citigroup dropped out of business at the time, the public thought serious enough. When the SEC and Citigroup has not adhered to this basic rule like Judge Rakoff refused to approve the consent decree. Basically, if the SEC really gathered sufficient evidence to reach a reasonable agreement with someone, that person must be able to provide the Court with any evidence to support its reasonableness. In math class, you must show your work.
  • This is not the first time that Judge Rakoff has made a controversial decision to challenge government policies allowed. Remember this is the guy who made the death penalty unconstitutional a hot minute. Now, the SEC asks

boyfriend


very professional relationship with outstretched arms and Wall Street.



interesting that the subsequent acquittal in fact Stoker cases revealed that the SEC and Citigroup Judge Rakoff origin does not, and does not believe he should refuse consent decree and, almost certainly approve 'custody agreement. No harm, no foul, right?
But Michael Conley Brad Karp SEC and Citigroup were not satisfied with this result possible, ask the second circuit instead of reversing the decision of the lower court. Why? Well, the exchange occurred when Judge Raymond Lohier (the final judge on the panel was Judge Susan Carney) questioned the deference and why Article III court to challenge the decision of an officer who was decided on the basis of a rational examination of the evidence.

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