Tagged with "eccleston law. supreme court"

U.S. Supreme Court Limits SEC Disgorgement

Posted on June 24th, 2020 at 3:58 PM
U.S. Supreme Court Limits SEC Disgorgement

The U.S. Supreme Court has upheld the SEC’s ability to obtain disgorgement in enforcement cases.  However, the decision also put limits on how much disgorgement can be obtained. The Supreme Court held that the SEC can obtain disgorgement of ill-gotten gains in federal court, but the disgorgement cannot exceed the defendant’s net profit from the scheme. In the Opinion, the Supreme Court found that “legitimate expenses” could be deducted from net profit when calculating disgorgement.

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