Here’s a modest proposal: When a federal law-enforcement agency sets out to punish a private citizen or business based on accusations of fraud or similar wrongdoing, it should have to prove its case by more than just a preponderance of the evidence. While proof beyond reasonable doubt may be too high a hurdle in nominally civil cases that can’t result in incarceration, proof by clear and convincing evidence seems the least that due process should demand.
via The SEC’s Low Burden of Proof – WSJ
