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The SEC’s Newly Proclaimed Search Warrant Authority

John Reed Stark | January 12, 2016

John Reed Stark IconThe SEC is an exceptional federal government agency—staffed with a dedicated corps of highly-credentialed professionals, inspired by a noble sense of mission, and rich with an 80+ year history of investor advocacy.

But sometimes the SEC gets carried away and needs a quick reality check. This is the case with the SEC’s recent use of subpoenas demanding production from witnesses of their so-called ESDs, which stands for “electronic storage devices.”

SEC ESD Subpoenas: De Facto Search Warrants

The SEC’s authority for subpoenas is derived from Section 21 of the...

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