Gorsuch, J., concurring in judgment
Eventually, she found a position at a small company called The Hall Group. Soon, however, she discovered that the owner, David Hall, was not just abrasive but dishonest. At one point, he even added Ms. Cochran’s name to the firm’s business license without her permission, all to facilitate his idea of rebranding his company as “The Hall Group CPAs.” When Ms. Cochran protested, Mr. Hall offered her a choice: become a nonequity partner with no increase in pay so that he could use the new name or leave the firm. Ms. Cochran chose to quit and put the whole ordeal behind her.
Or so she thought. Years later, in 2016, Ms. Cochran learned that the SEC had initiated an enforcement proceeding against Mr. Hall, another of his former employees, and herself. The SEC charged Ms. Cochran with violating “Rule 2–02(b)(1) of Regulation S-X and Section 13(a) of the Securities Exchange Act of 1934 and Rules 13a–1 and 13a–13 thereunder,” as well as “aid[ing] and abett[ing] … Rule 2–02(b)(1) violations.” In re Hall, SEC Release No. 3–17228, p. 1 (2017). In English, the SEC alleged that Ms. Cochran had failed to complete auditing checklists, leaving certain sections of certain forms “blank.” Id., at 12–13. The agency brought these charges even though there was “no evidence” that the incomplete paperwork had resulted in any “monetary harm to clients or investors.” Id., at 28.
The SEC elected to proceed against Ms. Cochran before its own internal tribunal rather than (as it could have) a court of law. The agency assigned the case to one of its hearing officers (an “administrative law judge” or “ALJ”). Reportedly, that ALJ made a practice of warning defendants during settlement discussions that he had “never ruled against the agency’s enforcement division.” J. Eaglesham, SEC Judges’ Fairness Is in Spotlight, Wall St. J., Nov. 23, 2015, p. C6. It seems, though, Ms. Cochran didn’t take the hint. She refused to settle and sought to represent herself in the hearing that followed. It did not go well. Just as her hearing was about to start, her former boss settled his own
