John Doe v. Securities and Exchange Commission
AdministrativeLaw DueProcess Securities
Whether the SEC's denial of a whistleblower award violates the Dodd-Frank Act, Administrative Procedures Act, and due process clause in light of recent Supreme Court holdings
QUESTIONS PRESENTED | In light of the Court’s recent holdings in Loper Bright/Relentless and Lissack v. Commissioner, whether the Securities and Exchange Commission’s (the “SEC”) issuance of a Final Order denying the petitioner a whistleblower award where the petitioner provided original information which led to the SEC’s successful $2.6 billion enforcement action against The Goldman Sachs Group, Inc., was a violation of the Dodd-Frank Act (the “DFA”), the Administrative Procedures Act (the “APA”), and the due process clause of the United States Constitution. In light of Bloomberg’s FOIA-based article about corruption in the SEC whistleblower program, “SEC Enriches Fraudsters, Lawyers as Secrecy Shrouds Tips Program,” whether the fact that in the 13-year history of the SEC’s whistleblower program, no circuit court has ever granted a petition for review of the denial of a whistleblower award is the incorrect standard of review and violates the DFA, the APA, and due process. i