BANDIMERE v. S.E.C.

No. 15-9586.

844 F.3d 1168 (2016)

David F. BANDIMERE, Petitioner, v. United States SECURITIES AND EXCHANGE COMMISSION, Respondent. Ironridge Global IV, Ltd; Ironridge Global Partners, LLC, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Filed December 27, 2016.


Attorney(s) appearing for the Case

David A. Zisser , Jones & Keller P.C., Denver, Colorado, appearing for Petitioner.

Lisa K. Helvin , Senior Counsel, Securities and Exchange Commission, Washington, DC, and Mark B. Stern , Attorney, Appellate Staff Civil Division, United States Department of Justice, Washington, DC ( Benjamin C. Miser , Principal Deputy Assistant Attorney General; Beth S. Brinkmann , Deputy Assistant Attorney General; Mark R. Freeman , Melissa N. Patterson , Megan Barbero , Daniel Aguilar , and Tyce R. Walters , Attorneys, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC; Anne K. Small , General Counsel; Michael A. Conley , Solicitor; and Dominick V. Freda , Senior Litigation Counsel, Securities and Exchange Commission, Washington, DC, with them on the brief), appearing for Respondent.

Paul D. Clement , Jeffrey M. Harris , and Christopher G. Michel , Bancroft PLLC, Washington, DC, filed an amicus curiae brief for Ironridge Global Partners, LLC.

Before BRISCOE, MCKAY, and MATHESON, Circuit Judges.


When the Framers drafted the Appointments Clause of the United States Constitution in 1787, the notion of administrative law judges ("ALJs") presiding at securities law enforcement hearings could not have been contemplated. Nor could an executive branch made up of more than 4 million people,1

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