doubt the government pretensions to deference

Scalia invites criminal defendants to challenge SEC authority

Supreme Court order list click for more info , Justice Antonin Scalia questioned whether federal courts should pay deference in criminal cases to statutory interpretations by agencies such as the SEC arconserve , even if those interpretations are urged by prosecutors. doubt the government pretensions to deference, wrote Scalia, who was joined in the statement by Justice Clarence Thomas. collide canada goose vest outlet with the norm that legislatures, not executive officers, define crimes. (I first read a report of the statement at Law360.) Even when there is ambiguity in a statute, Scalia said, it is not supposed to be the prerogative of administrative agencies to decide what constitutes canada goose outlet shop a crime, considering that the of lenity requires ambiguity to canada goose outlet online store be resolved in canada goose outlet uk favor canada goose outlet in canada of criminal defendants. Supreme Court famous 1984 Chevron decision canada goose outlet mall on deference to executive branch agencies interpretation of the laws they administer, Scalia wrote, courts should not defer to agencies canada goose outlet winnipeg address in construing criminal laws. The Supreme Court refused to take the case that prompted Scalia canada goose outlet store new york statement, an appeal by former investment manager Douglas Whitman of his 2012 conviction on insider trading charges in federal court in Manhattan. Circuit Court of Appeals improperly deferred to the SEC when it affirmed Whitman conviction last February. But he said he be to granting cert canada goose discount uk if another case raised the issue. (There reason to believe that the Supreme Court thought hard about taking Whitman case, which was first distributed for conference on Oct. As Northwestern law professor Allan Horwich wrote in an amicus brief supporting Whitman cert petition, only the 2nd Circuit uses the expansive definition of insider trading that the SEC adopted in 2000. Under that rule, as long as defendants trade when they aware of confidential and material information, they engaged in insider trading. Other federal circuit courts, Horwich said, require the government to show that the allegedly illegal trades were actually prompted by inside information. v. Royer that the SEC rule is entitled to deference under the Chevron standard (although the court also pointed out that the SEC regulation adopted its possession standard after the 2nd Circuit suggested just that in dicta in a 1993 case). In his appeal, Whitman argued that the 2nd canada goose outlet seattle Circuit standard was too low and that jurors should have been instructed not to convict unless they found that government had proved Whitman traded on the basis of confidential information. The 2nd Circuit opinion in the Whitman case didn mention deference to the SEC rule, merely pointing to its previous decision in the canada goose parka uk 2008 Royer opinion. Whitman cert petition mentioned deference only in a footnote arguing canada goose outlet usa that the SEC rule is contrary to securities fraud law and Supreme Court precedent. The government opposition to Whitman Supreme Court filing seems to have sparked Scalia interest canada goose outlet new york in the canada goose outlet online deference question. The Justice Department argued that the SEC rule should guide the definition even of criminal insider trading, and that circuits with different standards canada goose outlet legit be required to reexamine the issue in light of canada goose outlet in chicago the deference owed to the expert agency Congress has charged with implementing securities canada goose outlet phone number laws. Not according canada goose outlet toronto location to Justices Scalia and Thomas. Here hoping that a defendant other than Whitman tees up canada goose outlet kokemuksia the deference question so we can see how the solicitor general office will canada goose outlet in uk respond to the justices doubts.

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Posted on 10/20/2014 in Uncategorized

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