Jarkesy v. Securities and Exchange Commission Case Brief Summary | Law Case Explained @QuimbeeDotCom
Jarkesy v. Securities and Exchange Commission Case Brief Summary | Law Case Explained  @QuimbeeDotCom
Uploaded March 2025 | Updated September 2026, 3 weeks ago
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Jarkesy v. Securities and Exchange Commission
United States Court of Appeals for the Fifth Circuit
34 F.4th 446 (2022)

The Securities and Exchange Commission or SEC is a government agency that regulates the securities industry. In Jarkesy versus Securities and Exchange Commission, the fifth circuit considered the commission's authority to bring enforcement actions and impose penalties through administrative proceedings.

George Jarkesy established two hedge funds and appointed Patriot twenty eight as the funds adviser.

The SEC commenced an enforcement action against Jarkesy and Patriot, alleging that they'd committed securities fraud by misrepresenting fund information and overvaluing assets.

After a hearing, an administrative law judge concluded that Jarkesy and Patriot committed securities fraud.

The SEC affirmed, imposed a three hundred thousand dollar civil penalty, ordered Patriot to disgorge over six hundred thousand dollars, and barred Jarkesy from certain securities activities.

Jarkesy and Patriot petitioned the fifth circuit to review the commission's decision, asserting that the agency proceeding violated their seventh amendment right to a jury trial, and that the Dodd Frank act unconstitutionally delegated congress's legislative power by allowing the commission to decide whether to bring enforcement actions within the agency or in federal court.

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