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Correct me if I'm wrong but the bigger problem here seems to be that there is now way to "fight the decision" other than ignoring it, getting sued and maybe win

Correct me if I'm wrong but the bigger problem here seems to be that there is now way to "fight the decision" other than ignoring it, getting sued and maybe winning in court?

klodolph 5y ago
Maybe they could sue for a declaratory judgment?
- encryptluks2 5y ago
  Here is our evidence your honor that we don't respond to support requests when customers have legitimate issues and we ignore them. Can you let us know if that is okay when dealing with people's finances, just to ignore them and keep their staking rewards.
- throwaway2037 5y ago
  Do you have any Real World examples of people using this strategy against a financial regulator? I never heard of such a thing.
  - deleted 5y ago
    [deleted]
throwaway2037 5y ago
I am repeating myself from an earlier post, but read the Wiki page: https://en.wikipedia.org/wiki/Wells_notice https://en.wikipedia.org/wiki/Wells_notice <<The notice indicates that the SEC staff has determined it may bring a civil action against a person or firm, and provides the person or firm with the opportunity to provide information as to why the enforcement action should not be brought.[2] The person or firm is generally given 30 days to file this response in the form of a legal brief considering legal and factual arguments as to why no charges should be brought against them.>>
elliekelly 5y ago
Going to court is the “fight”? And at any rate, the SEC, in my experience, is exceedingly reasonable. If you have a cogent argument to put forth they’re more than willing to hear you out. In fact, I’d say they much prefer to hear you out over taking you to court.
- olalonde 5y ago
  But can they fight the decision in court before breaking it and risking fines/jail time?
  - elliekelly 5y ago
    You’re never risking jail time with the SEC. They’re civil enforcement so they can only pursue fines and injunctions. Like all civil matters, a person can negotiate with the (allegedly) aggrieved party, in this case the SEC, and settle the matter with them before a suit is filed.
    - deleted 5y ago
      [deleted]
    - olalonde 5y ago
      I think you misunderstood my question. Let's say the SEC tells you "don't do X or we will sue you" but you believe that the SEC's request is invalid for whatever reason. Is there a way to get a judge to decide on whether you are right, before you do X and get sued?
      - dragonwriter 5y ago
        > Let's say the SEC tells you "don't do X or we will sue you" but you believe that the SEC's request is invalid for whatever reason. Is there a way to get a judge to decide on whether you are right, before you do X and get sued? I believe you can file an action seeking a declaratory judgement, but as I understand there is generally little reason: a Wells Notice is not, as I understand it, a “we might sue you if you do X” thing but more of “our staff have determined you have done X and that we should sue you for it on basis Y, but you have an opportunity to submit a legal brief to convince us that our staff are wrong before we approve their recommendation” thing.

Correct me if I'm wrong but the bigger problem here seems to be that there is now way to "fight the decision" other than ignoring it, getting sued and maybe winning in court?

klodolph 5y ago

Maybe they could sue for a declaratory judgment?

encryptluks2 5y ago
Here is our evidence your honor that we don't respond to support requests when customers have legitimate issues and we ignore them. Can you let us know if that is okay when dealing with people's finances, just to ignore them and keep their staking rewards.
throwaway2037 5y ago
Do you have any Real World examples of people using this strategy against a financial regulator? I never heard of such a thing.
- deleted 5y ago
  [deleted]

throwaway2037 5y ago

I am repeating myself from an earlier post, but read the Wiki page: https://en.wikipedia.org/wiki/Wells_notice https://en.wikipedia.org/wiki/Wells_notice <<The notice indicates that the SEC staff has determined it may bring a civil action against a person or firm, and provides the person or firm with the opportunity to provide information as to why the enforcement action should not be brought.[2] The person or firm is generally given 30 days to file this response in the form of a legal brief considering legal and factual arguments as to why no charges should be brought against them.>>

elliekelly 5y ago

Going to court is the “fight”? And at any rate, the SEC, in my experience, is exceedingly reasonable. If you have a cogent argument to put forth they’re more than willing to hear you out. In fact, I’d say they much prefer to hear you out over taking you to court.

olalonde 5y ago
But can they fight the decision in court before breaking it and risking fines/jail time?
- elliekelly 5y ago
  You’re never risking jail time with the SEC. They’re civil enforcement so they can only pursue fines and injunctions. Like all civil matters, a person can negotiate with the (allegedly) aggrieved party, in this case the SEC, and settle the matter with them before a suit is filed.
  - deleted 5y ago
    [deleted]
  - olalonde 5y ago
    I think you misunderstood my question. Let's say the SEC tells you "don't do X or we will sue you" but you believe that the SEC's request is invalid for whatever reason. Is there a way to get a judge to decide on whether you are right, before you do X and get sued?
    - dragonwriter 5y ago
      > Let's say the SEC tells you "don't do X or we will sue you" but you believe that the SEC's request is invalid for whatever reason. Is there a way to get a judge to decide on whether you are right, before you do X and get sued? I believe you can file an action seeking a declaratory judgement, but as I understand there is generally little reason: a Wells Notice is not, as I understand it, a “we might sue you if you do X” thing but more of “our staff have determined you have done X and that we should sue you for it on basis Y, but you have an opportunity to submit a legal brief to convince us that our staff are wrong before we approve their recommendation” thing.