In 5th Circ., Time Is Not On SEC’s Side

Law360, New York (October 4, 2012, 3:04 PM EDT) -- This summer, individual defendants received a dose of good news, at least in the United States Court of Appeals for the Fifth Circuit, when the Fifth Circuit ruled that the injunctions against future securities law violations and officer and director bars that the U.S. Securities and Exchange Commission sought constituted “penalties” subject to the five-year statute of limitations under 28 U.S.C. § 2462.

In SEC v. Bartek,[1] the Fifth Circuit considered Section 2462, which governs SEC actions seeking penalties for the enforcement of securities law violations,...
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