‘Enforcement 40’ for 2020
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By Securities Docket on October 17, 2019, 11:13 am
Since at least the 2017 decision in Kokesh v. SEC, 137 S.Ct. 1635, there have been questions about Commission remedies. There the High Court held that disgorgement in agency enforcement actions was subject to Section 2462 of Title 28 since it was a “penalty” within the meaning of the statute. The Court also reserved the […]