Gray: 11th Circuit Should Consider Jarkesy in $518,000 Forfeiture Appeal
The FCC hasn’t shown why the 11th U.S. Circuit Court of Appeals shouldn’t consider the U.S. Supreme Court’s SEC v. Jarkesy in ruling on Gray’s appeal of a $518,000 FCC forfeiture order (see 2408270053), Gray said in a reply filing…
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
Tuesday. “The FCC objects that -- although the Supreme Court decided Jarkesy after oral argument in this appeal -- Gray should have raised Jarkesy in its opening brief and in the forfeiture proceeding,” Gray said. “The FCC is incorrect, and it offers no valid argument to deny supplemental briefing.” In the SEC v. Jarkesy opinion, SCOTUS ruled that the SEC couldn't impose monetary fines for some offenses without holding a jury trial. Jarkesy “is an intervening Supreme Court decision whose reasoning has provided Gray with a new theory to challenge the Forfeiture Order,” and can be raised in the case under court precedent, Gray said. Accounting for Jarkesy in the case wouldn’t be prejudiced against the FCC because the case has already been raised in AT&T’s challenge of an FCC forfeiture (see 2408060035), Gray said. “It would be unjust to deny supplemental briefing.”