Three years after Liu v. SEC, disgorgement is still a potent remedy …
WEBJun 8, 2023 · Liu, which was decided in 2020, appeared, at the time, to significantly constrain the SEC's ability to obtain disgorgement as equitable relief for violations of the securities laws.
Texas Broker Reaches Disgorgement Deal in SEC Ponzi Scheme …
WEBJan 19, 2021 · A Texas broker agreed to hand over more than $334,000 to the SEC to fully resolve a suit stemming from the $1.2 billion Woodbridge Ponzi scheme, according to federal court filings in California.
WEBDisgorgement Remedy in Liu v. SEC” (Jul. 22, 2020). The NDAA In response to the Supreme Court reducing its disgorgement powers in Kokesh and Liu, the SEC aggressively petitioned Congress for a legislative override. For example, Stephanie Avakian, the former Director of the SEC’s Division of Enforcement, counted the five-year
Remedies in SEC Enforcement Actions: The End of Disgorgement?
WEBNov 5, 2019 · The question the Court agreed to resolve is: “Whether the Securities and Exchange Commission may seek and obtain disgorgement from a court as ‘equitable relief’ for a securities law violation even though this Court …
WEBtions of the law. EC v. Texas Gulf Sulphur Co.2 (hereinafter Texas Gulf) is famous for endorsing the claim of the Securities and Exchange Commission (SEC or Commission) that insider trading is illegal under § 10(b)(5) 3 and Rule 10b-54 of the Securities Exchange Act of 1934 (Ex-change Act).
Liu v. Securities and Exchange Commission, 591 U.S. ___ (2020)
WEBSecurities and Exchange Commission: A court must deduct legitimate expenses before awarding disgorgement as an equitable remedy, sought by the Securities and Exchange Commission under section 78u (d) (5).
WEBSEC, the Supreme Court held that disgorgement—a routine remedy that allows the SEC to recoup ill-gotten gains from financial wrongdoers—is subject to a 5-year statute of limitations because it functions as a “penalty.”
WEBThe Commission may enforce the court’s judgment for disgorgement and prejudgment interest by using all collection procedures authorized by law, including, but not l imited to, moving for civil contempt at any time after 90 days following entry of this Final Judgment.
WEBThis week, the Supreme Court held that the SEC may seek disgorgement in enforcement actions, at least when the disgorgement does not exceed a wrongdoer’s net profits and is to be awarded for victims.
Disgorgement or Accounting for Profits? An Analysis of Liu v. SEC
WEBJan 4, 2021 · SEC (June 22, 2020), the Supreme Court of the United States held, in an enforcement action by the Securities and Exchange Commission, that a disgorgement order that did not exceed a wrongdoer’s net profits and was awarded for victims constituted “equitable relief” that was permissible under the Securities Exchange Act …
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