From Kyle Griesinger, Pacific Legal Foundation <[email protected]>
Subject PLF takes on unconstitutional agency adjudication at the Fourth Circuit
Date December 9, 2024 11:09 PM
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Friend,

Tomorrow is a big day at the Fourth Circuit: Pacific Legal Foundation attorneys are arguing two separate cases about the unfair adjudication process that many federal agencies trap Americans in.

If you’re familiar with PLF’s work to end agency adjudication

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, you know that we often represent Americans who find themselves facing unfair charges and biased in-house tribunals at federal agencies. Your constitutional rights don’t disappear at the doors of the EPA, SEC, NLRB, and other agencies.

That’s why we’re at the Fourth Circuit tomorrow. PLF attorney Adi Dynar will be representing Frank Black, a self-made man from South Carolina who ran a securities broker-dealer firm, Southeast Investments. For years, Frank has been fighting absurd charges from the Financial Industry Regulatory Authority (FINRA, a quasi-private arm of the SEC) that he failed to visit the offices of his remote brokers and didn’t save some non-business-related emails. For these infractions, he was fined close to a quarter-million dollars, plus he was expelled from the financial industry for life. When PLF helped Frank file his lawsuit, the government lifted the ban after more than four years. Now, at the Fourth Circuit, PLF is arguing that FINRA’s entire in-house adjudication process violates Frank’s constitutional rights.

You can read the case page

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for more information and check out Adi’s recent article

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about Frank’s case.

In a second case, PLF attorneys Josh Robbins and Allison Daniel will represent Joe Manis, a retired North Carolina business owner who shows Tennessee walking horses competitively. The Department of Agriculture accused Joe of allowing one of his horses to be entered into a competition with its legs “sored”—purposely hurt to affect their gait. Without a fair chance to prove his innocence, Joe faced a steep fine and a ban of at least a year. Now, at the Fourth Circuit, PLF is arguing that holding Joe’s hearing in the USDA is unconstitutional.

You can read the case page

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for more information.

Oral arguments will be livestreamed

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tomorrow starting at 9:30 a.m. (Eastern). We look forward to hearing the court’s reactions to Frank’s and Joe’s cases—and hope to share good news soon.

Stay tuned,



Kyle Griesinger | Communications Strategist

Pacific Legal Foundation



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