Authority of the State Securities Administrator
Chapters in this video
- 0:00 Discretionary investigation authority and subpoena scope
- 1:38 Subpoenas issued and enforced for another state's administrator
- 2:02 Court enforcement when a subpoena is refused
- 4:35 Transactional immunity versus use immunity after claiming the Fifth
- 7:21 Good faith conformity defense and default public hearings
- 8:26 Rapid-fire exam recap
What this video covers
- Why the Administrator can launch an investigation entirely at their own discretion, with no complaint, no court order, and no prior approval needed
- The scope of subpoena power for testimony and documentary evidence, and the critical two-step process when someone refuses to comply
- Why only a court of competent jurisdiction can enforce a subpoena and punish contempt, not the Administrator directly
- The condition that must be met for the Administrator to issue and enforce subpoenas at the request of another state's securities administrator
- Why transactional immunity is broader than use immunity, and exactly when it applies (and does not apply) after claiming the Fifth Amendment privilege
- The good faith conformity defense and why following an Administrator's rule honestly protects you even if that rule is later struck down
- Why administrative hearings are public by default, and the unanimous requirement to make them private
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