• Home
  • About
  • ‘Enforcement 40’ for 2020
  • Webcasts
  • Enforcement Hall of Fame
  • Contact
Securities Docket
Ankura 480x60
  • Class Actions
  • Criminal
  • Global
  • People
  • SD Insider
  • SEC
  • Video
  • Subscribe by email
  • Subscribe
Browse: Home / 2017 / July / 17 / In the Wake of Kokesh v. SEC: Whither Disgorgement in FCPA Cases – Lexology

In the Wake of Kokesh v. SEC: Whither Disgorgement in FCPA Cases – Lexology

By Securities Docket on July 17, 2017, 10:14 am

On June 5, 2017, the United States Supreme Court unanimously held in Kokesh v. Securities and Exchange Commission [1] that disgorgement in SEC enforcement actions operates as a penalty, and as a result is subject to the federal five-year statute of limitations under 28 U.S.C. ยง2462. The Kokesh decision resolved a split between the US Court of Appeals for the Tenth Circuit and Eleventh Circuit, and in the process undermined a key source of large recoveries by the SEC in FCPA resolutions, and in SEC proceedings more broadly.

via In the Wake of Kokesh v. SEC: Whither Disgorgement in FCPA Cases – Lexology

Blog Widget by LinkWithin

Posted in SEC, Top | Tagged Disgorgement

« Previous Next »

Subscribe

‘Enforcement 40’ for 2020

Ankura 260x250

Our Sponsors

Securities-Docket_260x125_14Sec Ankura 260x125

Join Us On LinkedIn

Join the Securities Litigation and Enforcement Group on LinkedIn

Archives

Copyright © 2022 Securities Docket.

Powered by WordPress and Hybrid.