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Elon Musk and Mark Cuban Challenge SEC’s No-Jury Trials

Elon Musk and Mark Cuban Take on SEC Over Trial Practices

In a recent development, tech tycoons Elon Musk and Mark Cuban have submitted an amicus brief challenging the practices of the Securities and Exchanges Commission (SEC). Both stalwarts are contesting the commission’s method of conducting in-house trials without juries, a controversial practice that raises questions about the fundamental right to a fair hearing.

Roots of the Case

The challenge stems from the SEC vs. Jarkesy case, where the defendant, George Jarkesy, has alleged that the commission’s denial of a jury trial infringes on his Seventh Amendment rights. In this case, the absence of a jury trial poses several contentious issues, with proponents of the trial by jury noting that it serves as a safeguard against biased or corruptly influenced decisions.

Greater Control for SEC

In 2013-2014, the SEC shifted its focus to handling more cases in-house, a direct aftermath of a series of unsuccessful insider trading cases before juries. This change allowed the SEC to exercise greater control over the process, with critics alleging this as a potential conflict of interest.

Data Breach Regulations Despite Oversight

As if challenges to the SEC’s trial practices were not enough, the SEC admitted to its personnel wrongly accessing case files, including Jarkesy’s. Yet the commission continues to flex its power, most recently by introducing new regulations that require companies to disclose data breaches within four days.

Opposition from Justice Department

On the flip side, Justice Department Solicitor General Elizabeth Prelogar has voiced opposition to the verdict in favor of Jarkesy. In her view, Congress has not breached the Seventh Amendment through the practice of in-house trials without juries.

For billionaire Musk, this represents his third significant legal challenge with the SEC. His most recent bout arises from his prospective takeover of Twitter, an issue that has garnered considerable attention. Musk is no stranger to the spotlight or sweeping controversies, with his every move and tweet often under intense scrutiny.

Musk and Cuban Stand Firm

In their joint filing, Musk and Cuban urged the justices to uphold the 5th Circuit’s verdict which ruled in favor of Jarkesy. They contend that the SEC’s practice of opting for administrative proceedings over federal court juries is contrary to the commission’s mission of protecting investors. “+The SEC’s mission is to protect investors; maintain fair, orderly, and efficient markets; and facilitate capital formation. Conducting jury-less trials directly contradicts this,” said Musk in a recent tweet.

Upcoming Court Session

An imminent court session on November 29 will see the Biden administration appeal against the ruling in favor of Jarkesy. The result of this session could have profound implications for the operations of the SEC and affirm or challenge the rights of the accused in such proceedings.


As the dust settles, crypto investors worldwide will be monitoring the situation closely. If this joint effort by Musk and Cuban prevails, it could lead to crucial changes in the conduct of SEC trials, potentially signaling a shift in power dynamics between regulators and the regulated. Whatever the outcome, it’s clear that the dialogue around fair trial practices within the regulatory space is only just heating up.


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