No. 20-404

In Re John Masiz

Lower Court: N/A
Docketed: 2020-09-28
Status: Denied
Type: Paid
Tags: 5th-amendment article-ii article-iii civil-rights consent-decree due-process fifth-amendment securities-law sua-sponte
Key Terms:
FifthAmendment Securities Privacy JusticiabilityDoctri
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Whether the federal court exceeded its Article III authority by initiating a sua sponte investigation into a defendant's compliance with a consent decree obtained by the SEC

Question Presented (OCR Extract)

question presented is: 1. Whether the issuance of an extraordinary writ of prohibition is required to remedy the district court’s assertion of “inherent authority” to initiate and conduct, sua sponte, in the absence of a case or controversy, an investigation into whether Petitioner has complied with two Consent Decree injunctions obtained by the SEC, and whether this supposed authority allows the district court, as part of its supervision of the auction of receivership assets, to conduct its own investigation, if Petitioner participates in the sale process. 2. Whether the sua sponte exercise of such coercive inquisitorial power: exceeds the Article III limits on the federal court’s jurisdiction; unconstitutionally usurps the Article II authority of the SEC; and, unduly interferes with Petitioner’s Fifth Amendment right to freely participate in the marketplace without undue governmental interference and in the scheduled auction on the same terms as any other participant.

Docket Entries

2020-12-07
Petition DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-09-22
Petition for a writ of prohibition filed. (Response due October 28, 2020)

Attorneys

John Masiz
Jan Richard SchlichtmannJan Schlichtmann Atty At Law, Petitioner