No. 24-5712

John Doe v. Securities and Exchange Commission

Lower Court: District of Columbia
Docketed: 2024-10-07
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: administrative-procedures-act dodd-frank-act due-process enforcement-action judicial-review sec-whistleblower
Key Terms:
AdministrativeLaw DueProcess Securities
Latest Conference: 2024-11-01 (distributed 2 times)
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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

Docket Entries

2024-11-04
Petition DENIED.
2024-10-17
DISTRIBUTED for Conference of 11/1/2024.
2024-10-09
Waiver of Securities and Exchange Commission of right to respond submitted.
2024-10-09
Waiver of right of respondent Securities and Exchange Commission to respond filed.
2024-10-07
Motion (24M21) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
2024-08-28
MOTION (24M21) DISTRIBUTED for Conference of 9/30/2024.
2024-08-02
Motion (24M21) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
2024-08-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 6, 2024)

Attorneys

Securities and Exchange Commission
Elizabeth B. PrelogarSolicitor General, Respondent