The 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.
US Supreme Court Issues Decision in Liu v. SEC - National Law …
On June 22, 2020, the U.S. Supreme Court (the “Court”) ruled 8–1 in favor of the Securities and Exchange Commission’s (“SEC”) right to seek disgorgement of ill-gotten gains in the landmark case...
Supreme Court Preserves But Limits SEC Disgorgement Power
Jun 29, 2020 · Although Liu preserved the SEC’s disgorgement powers as a general matter, it narrowed the criteria for appropriate equitable relief, effectively curtailing the SEC’s ability to pursue unduly...
Second Circuit Rules on SEC Disgorgement Powers - National Law …
Nov 3, 2023 · The United States Court of Appeals for the Second Circuit rules in Securities & Exchange Commission v. Govil limits the agency's ability to seek disgorgement
Enforcement and Litigation - SEC.gov
Jun 29, 2024 · In successful enforcement actions, the court or the SEC may order disgorgement of ill-gotten gains by the securities law violator. Those funds can then be collected and distributed to harmed investors in that case.
After scamming a series of investors, the Securities and Exchange Commission (“SEC”) brought a civil action against Shavers and BTCST for conducting fraudulent offers and sales of securities.
What empowers the U.S. Securities and Exchange Commission to seek, and federal district courts to order, the disgorgement of ill-gotten gains from securities law violators?
Supreme Court Limits Securities And Exchange Commission’s …
Aug 3, 2020 · In an 8-1 ruling, the Supreme Court held that a disgorgement award, in an SEC civil enforcement action, that does not exceed a wrongdoer’s net profits and that is awarded for victims is permissible as equitable relief under the Securities Exchange Act.
Supreme Court Limits SEC’s Disgorgement Power
Procedural background and circuit split: The SEC brought an enforcement action in the District of New Mexico against Charles Kokesh in 2009, alleging that he violated the federal securities laws by concealing the misappropriation of $34.9 million from four business-development companies from 1995 to 2009. In its enforcement action, the SEC ...
Securities and Exchange Commission v. Gilman et al, No. 3 ... - Justia Law
In its First Amended Complaint (“Complaint”), filed July 27, 2018, Plaintiff asserts three causes of action for alleged: (1) violations of sections 17 (a) (1), (a) (2), and (a) (3) of the Securities Act against all Defendants; (2) violations of section 10 (b) of the Exchange Act and related Rule 10b-5 against all Defendants; and (3) aiding and a...