Sign Up

NCLA Site Search

Cases

In re Marian P. Young and Saving2Retire, LLC

CASE SUMMARY

Did we achieve our litigation objective? Yes. After being stuck in administrative purgatory for many years, with no access to relief in federal court, Marian Young’s due process rights were restored.

Court Outcome: Following NCLA’s victory in SEC v. Cochran, the SEC dismissed its complaint against Marian Young and her firm.

Larger Impact: Administrative agencies often use agency proceedings to dodge judicial scrutiny. After spending years denying Marian Young access to federal court review, the SEC was finally forced to backed down.

Summary: For more than seven years, the U.S. Securities and Exchange Commission inspected, investigated, and prosecuted Marian Young and her former investment business Saving2Retire, LLC. They did not receive a jury trial during that time. NCLA filed a petition on behalf of Ms. Young and her company, asking the U.S. Court of Appeals for the Fifth Circuit to issue a writ of mandamus against the SEC Commissioners in In re Marian P. Young and Saving2Retire, LLC to compel them to either dismiss the case or else promptly decide the appeal in the agency’s eight-year-old administrative matter.

Rather than await the Fifth Circuit’s ruling on NCLA’s mandamus petition, SEC abandoned its administrative case against Ms. Young.

OUR TEAM

Kara Rollins
Litigation Counsel
Margaret A. Little
Senior Litigation Counsel
Russ Ryan
Senior Litigation Counsel

RELEVANT MATERIALS

NCLA FILINGS

Petitioners' Reply in Support of Their Petition for a Writ of Mandamus to the U.S. Securities and Exchange Commission

May 15, 2023 | Read More

Securities and Exchange Commission’s Response to the Petition for a Writ of Mandamus

May 8, 2023 | Read More

Petition for a Writ of Mandamus to The U.S. Securities and Exchange Commission

April 24, 2023 | Read More

PRESS RELEASES

NCLA Challenges SEC’s ‘Hotel California’ Administrative Adjudication Regime

November 28, 2022 | Read More

IN THE MEDIA

The SEC’s Other ‘Hotel California’ Docket

NCLA Blog

May 18, 2023

Welcome to the SEC’s ‘Hotel California’ Docket

November 28, 2022

RELATED CASES
  • Adir International v. Starr Indemnity and Liability Company

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Case Closed -

    Agencies: California

    View Case
  • American Home Furnishings Alliance, et al. v. U.S. Consumer Product Safety Commission

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Case Closed - June 30, 2023

    Agencies: Consumer Product Safety Commission

    View Case
  • American Honda Motor Co., Inc. v. Walther, Dir., and Arkansas Department of Finance and Administration

    Judicial Deference

    Deference doctrines require judges to defer to an administrative agency’s fact finding, or its interpretation of statutes and regulations. Thus, judges surrender their independent judgment and, where the government is a party, must exhibit systematic bias in the government’s favor, which denies due process of law to the other litigant.

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Case Closed -

    Agencies: Arkansas Department of Finance and Administration

    View Case
  • American Hospital Association, et al. v. Xavier Becerra, et al.

    Judicial Deference

    Deference doctrines require judges to defer to an administrative agency’s fact finding, or its interpretation of statutes and regulations. Thus, judges surrender their independent judgment and, where the government is a party, must exhibit systematic bias in the government’s favor, which denies due process of law to the other litigant.

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Case Closed - June 15, 2022

    Agencies: Department of Health and Human Services

    View Case
  • American Securities Association and Citadel Securities LLC v. United States Securities and Exchange Commission

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Administrative Speech Controls

    The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.

    Unreasonable Searches

    The Fourth Amendment forbids warrantless searches and seizures of information, yet the Administrative State violates this right to privacy through administrative subpoenas and warrants, automated information collection devices, civil investigative demands, and “voluntary” requests for information.

    Conditions on Spending

    Administrative agencies use unconstitutional conditions on spending to regulate the conduct of grantees. Rather than rule through law, the government simply purchases submission.

    Case Active - February 15, 2024

    Agencies: Securities and Exchange Commission

    View Case
  • AMG Capital Management, LLC v. FTC and FTC v. Credit Bureau Center, LLC

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Case Closed -

    Agencies: Federal Trade Commission

    View Case

SHARE THIS CASE

Enter your email address above to be notified whenever we post a new document to this case.