FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. · ¶23
Statutory structure points in the same direction. As the principal dissent concedes, post, at 10 (opinion of JACKSON, J.) (hereinafter the dissent), the Securities and Exchange Commission bears primary responsibility for ensuring compliance with the ICA. It may investigate and bring enforcement actions in response to violations of “any provision of [the ICA] or of any rule, regulation, or order” issued under the Act. §80a–41(a). It may also “bring an action in . . . court” for injunctive relief or civil monetary penalties. §§80a–41(d), (e). Congress’s decision to create a comprehensive agency enforcement scheme supports the conclusion that private parties generally cannot enforce the ICA. Northwest Airlines, Inc., 451 U. S., at 94; see Karahalios v. Federal Employees, 489 U. S. 527, 533 (1989). Put differently, “[t]he express provision of one method of enforc[ement] . . . suggests that…Read in context ›
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