U.S. Supreme Court,
Securities,
Government,
Corporate,
Administrative/Regulatory
Jun. 12, 2017
Supreme Court says SEC disgorgement is subject to 5-year limitations period
Last week, the Supreme Court ended a disagreement among the circuits about the application of the five-year limitations period to disgorgement actions brought by the SEC.
Thomas A. Zaccaro
Senior Counsel
Hueston Hennigan LLP
Phone: (213) 788-4039
Email: tzaccaro@hueston.com
Boston College Law School
Thomas is a partner in the firm's Litigation Department. He served as regional trial counsel in the SEC's Los Angeles office.
Nicolas Morgan
Partner
Paul Hastings LLP
Phone: (213) 683-6181
Email: nicolasmorgan@paulhastings.com
Nicolas is a partner in the firm's Litigation Department. He served as senior trial counsel in the SEC's Los Angeles office.
Kyle M. Jones
Associate
Paul Hastings LLP
515 S Flower St Fl 25
Los Angeles , California 90071
Phone: (213) 683-6189
Email: kylejones@paulhastings.com
USC Law School
Last week, the U.S. Supreme Court ended a disagreement among the circuits about the application of the five-year limitations period set forth in 28 U.S.C. Section 2462 to disgorgement actions brought by the U.S. Securities and Exchange Commission. In Kokesh v. SEC, 2017 DJDAR 5301 (June 5, 2017), the Supreme Court held that SEC actions for disgorgement were subject to Section 2462's five-year limit on an "action, suit, or proceeding" to enforce "any civil fine, penalty, or forfeit...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In