United States Securities & Exchange Commission v. McGinn, Smith & Company, Incorporated — 2d Cir. (Oct 29, 2026)
The Second Circuit hears Jill Dunn's appeal from sanctions in the McGinn Smith securities case. The Securities and Exchange Commission sought to freeze a Smith family trust to preserve assets for investors. Dunn was the trust's lawyer. The dispute involved a private annuity agreement and whether David and Lynn Smith retained a financial interest in the trust. An annuity is a contract providing regular payments over time. In 2011, the magistrate judge sanctioned Dunn after finding she knowingly misstated when she learned of the agreement. Sanctions are measures a court imposes for misconduct in its proceedings. Dunn now challenges that finding and the procedures used to sanction her. The lawyers will also address whether further proceedings are needed. A remand sends a case back to the lower court.
United States Securities & Exchange Commission v. McGinn, Smith & Company, Incorporated (No. 25-2863) — U.S. Court of Appeals for the Second Circuit, argued October 29, 2026.
- 0:00Introduction
- 11:25Advocate — Morgan Bradylyons