SEC v. Jarkesy (2024)
Changed Everything.

A U.S. Supreme Court ruling has fundamentally shifted how USDA APHIS enforces the Animal Welfare Act. The era of fines is over. The era of license revocation and DOJ prosecution has begun.

90%+

of enforcement actions are now Official Warnings

civil fines issued in 14 months after the ruling

80%

of all violations are documentation failures

breeders lost licenses in early 2026

What the Court Decided

In 2024, the U.S. Supreme Court ruled in SEC v. Jarkesy that federal agencies — including the USDA — can no longer impose civil monetary fines through their own internal Administrative Law Judges without providing the right to a jury trial in federal court.

Before this decision, USDA could assess penalties up to $10,000 per violation per day. In the 14 months before the ruling, approximately 63 fines were issued. In the 14 months following — only five. Just one since January 2025.

⚠ What This Means for Your Operation

The decline in civil fines is not a sign of reduced enforcement — it is a structural shift. Official Warnings now build the documented record that supports license suspension, revocation, or a DOJ referral. For chronic or willful violators, the consequences under this new model are more severe — not less.

Before the Ruling vs. After the Ruling

✘ Before the Ruling

✔ After the Ruling

Fines up to $10,000 per violation per day

Civil fines largely eliminated — only 5 issued post-ruling

ALJ imposed monetary penalties internally

ALJ monetary penalties now require federal court jury trial

Enforcement path: violation → fine → appeal

Enforcement path: Warning → license action → DOJ referral

Fines absorbed; operation continued

Warnings stack permanently — foundation for license action

DOJ referrals rare, reserved for extreme cases

DOJ now active — 84-month federal sentence issued in 2025

How Enforcement Has Shifted

Official Warnings

Now over 90% of all AWA enforcement actions. A formal, permanent record requiring documented corrective action by a set deadline. Warnings stack — and every one builds the case for the next step.

License Actions

USDA retains full authority to suspend or revoke your license without court involvement. Six breeders lost their licenses in early 2026.No fine required — a pattern of warnings is enough.

DOJ Referrals

Chronic noncompliance or inspection obstruction is referred to the U.S. Department of Justice for federal prosecution. An 84-month federal sentence was handed down in 2025. This is no longer rare.

Protect Your License — Act Now

Respond to every warning in writing before the deadline — no exceptions

Document every step of your Program of Veterinary Care

Keep records inspection-ready at all times — inspectors arrive unannounced

Never obstruct an inspection — refusal triggers automatic DOJ referral eligibility

AC Tracker Gives You the Observation & Documentation Protection You Need — Today.

Built specifically around USDA APHIS requirements. Smart Care Made Simple.

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This notice reflects enforcement trends and publicly available information as of early 2026. Licensees with specific enforcement questions should consult qualified legal counsel. Source: Compliance WRX, LLC · compliance-wrx.com

SEC v. Jarkesy (2024)Changed Everything.