⚖ Oral Arguments, with Context

Real court arguments, crisp audio, with context.

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United States Securities & Exchange Commission v. McGinn, Smith & Company, Incorporated — 2d Cir. (Oct 29, 2026)

No. 25-2863 Argued October 29, 2026 Published October 30, 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.

Sources
Argument audio — official Second Circuit original, October 29, 2026:https://ww3.ca2.uscourts.gov/audio/25-2863.mp3
Official argument listing and date:https://ww3.ca2.uscourts.gov/oral_arguments.html
Current appeal, challenged July 2011 order and counsel appearances — original docket entries:https://dockets.justia.com/docket/circuit-courts/ca2/25-2863
Trust background and original July 20, 2011 sanctions findings and order:https://hallapproved.com/ny/cases/federal/district/2011/2172323/
Earlier appeal and distinction between Dunn and Lynn Smith — March 18, 2013 judicial opinion:https://cases.justia.com/federal/appellate-courts/ca2/11-3843/212318039/1.pdf
Annuity definition only — IRS Publication 575:https://www.irs.gov/publications/p575
Authority to remand or order appropriate further proceedings — 28 U.S.C. § 2106:https://www.law.cornell.edu/uscode/text/28/2106
Clear-and-convincing standard — Colorado v. New Mexico, actual majority discussion:https://supreme.justia.com/cases/federal/us/467/310/
Independent comparison of civil proof standards — Addington v. Texas, actual majority discussion:https://supreme.justia.com/cases/federal/us/441/418/

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