The next constitutional challenge to the SEC’s administrative proceedings process may be the most high-profile one to date. This week, the SEC confirmed that after an over two-year holding pattern, it intends to move forward with its civil AP against SAC Capital founder Steven A. Cohen. Cohen’s attorney, David Boies, told the WSJ that Cohen intends to mount a constitutional challenge in federal court to the AP, and “would have filed that last week except for the settlement discussions that had been ongoing.”
