Unless otherwise provided by law, 28 U.S.C. § 2462 ordinarily requires the government to bring any “action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture” within five years of the claim’s accrual. In SEC v. Graham, 2016 WL 3033605 (11th Cir. May 26, 2016), the Eleventh Circuit held that this statute of…
Tag: Judge Jill Pryor
Collateral Challenge to Constitutionality of SEC Administrative Procedure to be Dismissed for Lack of Jurisdiction
On June 17, the Eleventh Circuit decided Hill v. SEC, 825 F.3d 1236 (11th Cir. 2016), vacating the district court’s grant of two motions for preliminary injunctions prohibiting the Securities and Exchange Commission’s (SEC) administrative enforcement proceedings. The Eleventh Circuit consolidated two cases where the plaintiffs had each challenged the SEC administrative procedure on grounds, among others,…