Supreme Court to Consider Whether Agency’s In-House Trials Violate the Constitution

The Supreme Court will consider next week whether the Securities and Exchange Commission’s (SEC) use of in-house judges violates the right to a jury trial guaranteed in the Seventh Amendment.

Congress empowered the SEC to use its own in-house administrative law judges (ALJs) to try cases brought by agency enforcement when it passed the Dodd-Frank Act following the 2008 financial crisis. George R. Jarkesy, who has been caught in the SEC’s administrative proceedings since the agency charged him with fraud relating to his investment activities in 2013, challenged that grant of power as unconstitutional.

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Commentary: Mounting Evidence That ‘Net-Zero’ Carbon Emissions Isn’t Achievable

Power Plant

Arizona State University President Michael Crow believes we are in such danger that we should amend the U.S. Constitution to empower the government to deal more expansively with climate change. Crow’s view that constitutional protections of our liberties should be eliminated when they become inconvenient wouldn’t square with the founders, but his estimate of the dangers and required remedies for our changing climate are quite mainstream in our society.

“Net zero by 2050” has become an article of faith among our corporate and academic elites, no longer requiring proof or intellectual defense. The notion that we must eliminate or “offset” all carbon emissions by mid-century if we want to save the planet is the organizing principle for ESG investing. ESG is the consideration of environmental issues, social issues, and corporate governance issues when deciding what companies to invest in. In 2022, it was mentioned more than 6000 times in corporate filings with the Securities and Exchange Commission.

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Proposed SEC Climate Disclosure Rule Will Add Costs That Consumers Will Bear, Critics Warn

The Securities and Exchange Commission’s (SEC) has been slammed with comments from supporters and critics of its proposed climate disclosure rule.

The release of the final rule has been continually delayed, but its publication is anticipated in the next few months. Congressional Democrats are urging for it to be done sooner rather than later.

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Appeals Court Shoots Down Challenges to Nasdaq Rule Requiring Companies to Have at Least Two ‘Diverse’ Board Members

A federal appeals court rejected challenges Wednesday to a Nasdaq rule mandating that companies listed on the exchange have a female and an underrepresented minority on their board, or explain why they cannot meet the requirement.

The Fifth Circuit Court of Appeals shot down lawsuits filed by the National Center for Public Policy Research and the Alliance for Fair Board Recruitment against the Securities and Exchange Commission (SEC) for approving the rule in August 2021. The rule requires Nasdaq-listed companies to provide information on gender, racial and LGBTQ+ status of their board of directors, mandating that at least two board members fall into one of those “diverse” categories.

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For Years, Feds Received Waves of Warnings About Hunter Biden but Delivered No Consequences

From 2015 until present, several federal agencies were alerted to suspicious activity and potential criminal activities by Hunter Biden, President Joe Biden’s son. Each time, the allegations did not result in any consequences for the first son.

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Early Warning: Feds Alerted to Whistleblower Concern over Hunter Biden Business Deals in 2015

Banking whistleblowers first began raising alarms about Hunter Biden’s business deals as long ago as Spring 2015 while his father was still serving as vice president, flagging what they feared were “suspicious” transactions and “fraudulent” schemes. One of the bankers became so concerned he eventually escalated his concerns to the U.S. Securities and Exchange Commission (SEC) only a few days before Donald Trump won the presidency in 2016, according to documents provided to Congress and obtained by Just the News.

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Consumer Goods Giant 3M Fined More than $6.5 Million for Wooing Chinese Government Officials with Overseas Trips

The consumer goods company 3M agreed to pay more than $6.5 million to resolve charges that it violated the Foreign Corrupt Practices Act after its China-based subsidiary took Chinese government officials on overseas trips in an attempt to convince them to purchase 3M products, the U.S. Securities and Exchange Commission (SEC) said.

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SEC Charges Eight ‘Social Media Influencers’ with Securities Fraud

The Securities and Exchange Commission on Wednesday announced charges against eight “social media influencers” in what the agency said was a coordinated effort to manipulate stocks via multiple Internet platforms. 

The agency said in a press release those charged where involved in a $100 million securities fraud scheme in which they used the social media platforms Twitter and Discord to “manipulate exchange-traded stocks.”

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Commentary: Expect Big Pivot from SEC to Require Climate, ESG Disclosures in Investor Filings

The biggest decision the Securities and Exchange Commission (SEC) is likely to make this year will be on mandated disclosure of information related to climate change and corporate environmental, social, and governance (ESG) goals. The Commission has been working on the issue since early last year, and a new proposed rule is now scheduled to be released on March 21st. The contents of that rule will likely determine the future direction of “responsible” investing in the United States.

In March of last year, then-Acting Chair Allison Herren Lee issued a request for information on the matter, consisting of 15 questions and described as a response to the “demand for climate change information and questions about whether current disclosures adequately inform investors.” The questions covered a wide range of topics, from how to measure greenhouse gas emissions to how climate disclosures “would complement a broader ESG disclosure standard.”

When the SEC first issued guidance on climate change-related disclosures for public companies in 2010, the standards were fairly general and advisory, but the questions from last year’s request-for-information suggests that the agency’s leadership is considering a more aggressive and prescriptive framework.

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