This is the second of four articles examining the scope of the Seventh Amendment jury trial right for civil defendants in U.S. Securities and Exchange Commission enforcement actions. The previous article explained why the Seventh Amendment entitles a civil defendant to a jury finding as to those facts that increase the maximum penalty— the "liability"— to which a defendant is exposed.[1] In that way, the right to a civil jury trial mirrors the criminal jury trial right.[2] In this article, we consider how this Seventh Amendment right applies to the determination of the number of violations a defendant committed and thus the number of violations for which the defendant may be liable.
Please click here to continue reading
Originally published by Law360
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.