by Joseph Pimentel | Jul 18, 2019 | Case Documents
Pursuant to Rule 400 of the Commission’s Rules of Practice, Respondents, Raymond J. Lucia, Sr. and Raymond J. Lucia Companies, Inc. move to certify for interlocutory appeal to the full Securities and Exchange Commission the question of whether this Administrative Law...
by Joseph Pimentel | Jul 18, 2019 | Case Documents
CFTC’s Gag Rule adopts a policy that will not “accept any offer of settlement submitted by any respondent or defendant in an administrative or civil proceeding, if [they wish] to continue to deny the allegations of the complaint or the findings of fact or conclusions...
by Joseph Pimentel | Jul 17, 2019 | Case Documents
The Constitution requires federal judges to exercise independent judgment and refrain from bias when interpreting the law. These are foundational constitutional requirements for having an independent judiciary. Article III gives federal judges life tenure and salary...
by Joseph Pimentel | Jul 15, 2019 | Case Documents
Much of the Department’s Motion is dedicated to arguing that Dr. Vengalattore lacks standing to challenge its unlawful conduct. (See Doc. 36-1 at 8.) On the contrary, he has standing against the Department because he has suffered both substantive and procedural...
by Joseph Pimentel | Jul 10, 2019 | Case Documents
There is no more sacred duty the government has than to do equal and impartial justice for its citizens. That duty includes only subjecting its citizens to trials before adjudicators who are empowered to preside over the government’s claims and lawfully rule on them....
by Joseph Pimentel | Jul 8, 2019 | Case Documents
There is no merit in the SEC’s argument that a Rule 60(b) motion cannot be used to set aside an unconstitutional gag order. Indeed, the SEC itself recently argued that “the proper vehicle is review of the consent judgment[] before the court[] that entered [it],”...
