STEADMAN v. SEC

No. 79-1266.

450 U.S. 91 (1981)

101 S.Ct. 999

67 L.Ed.2d 69

STEADMAN v. SECURITIES AND EXCHANGE COMMISSION.

Supreme Court of United States.

Decided February 25, 1981.


Attorney(s) appearing for the Case

Peter J. Nickles argued the cause for petitioner. With him on the briefs was Alex Kozinski.

Ralph C. Ferrara argued the cause for respondent. With him on the brief were Solicitor General McCree, Stephen M. Shapiro, Paul Gonson, Jacob H. Stillman, and Rosalind C. Cohen.*


JUSTICE BRENNAN delivered the opinion of the Court.

In administrative proceedings, the Securities and Exchange Commission applies a preponderance-of-the-evidence standard of proof in determining whether the antifraud provisions of the federal securities laws have been violated. The question presented is whether such violations must be proved by clear and convincing evidence rather than by a preponderance of the evidence.

I

In June 1971, the Commission...

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