We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Kokesh Does Not Bar SEC Disgorgement Orders, Judge Says

Law360, Boston (August 22, 2018, 5:28 PM EDT) -- The U.S. Supreme Court's landmark 2017 Kokesh decision does not bar the U.S. Securities and Exchange Commission from collecting disgorgement payments, a Massachusetts federal judge ruled Wednesday as he dismissed a putative class action claiming the SEC had reeled in nearly $15 billion in illegal disgorgements.

The suit, led by the liquidation trustee for F-Squared Investment Management LLC's bankruptcy estate, argued that the high court’s unanimous ruling in Kokesh v. SEC, which held that the SEC is subject to a five-year statute of limitations on civil penalties, obliterates the commission’s ability to “double dip” by collecting disgorgements on top of penalties...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only



Nature of Suit

Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision


Subscribers Only

Date Filed

October 26, 2017

Law Firms


Government Agencies