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In re Marian P. Young and Saving2Retire, LLC

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.

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

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