August 28, 2018
A recently dismissed putative class action was the wrong test case to challenge the U.S. Securities and Exchange Commission's ability to seek disgorgement penalties, according to securities attorneys, who say a set of facts that fits more closely with the U.S. Supreme Court's landmark Kokesh decision could still deal a blow to the SEC's disgorgement power.
August 22, 2018
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.
July 24, 2018
A Massachusetts federal judge on Tuesday appeared skeptical of the notion that the U.S. Securities and Exchange Commission had overstepped its bounds in seeking almost $15 billion in disgorgements under a 2017 U.S. Supreme Court decision that a liquidation trustee says obliterated the commission's ability to pursue such penalties.
June 11, 2018
A liquidation trustee suing the U.S. Securities and Exchange Commission for almost $15 billion in allegedly ill-gotten disgorgements told a Massachusetts federal judge on Friday that the agency's arguments against the suit cannot insulate its "unlawful power grab" from being challenged.
April 05, 2018
The U.S. Securities and Exchange Commission told a Massachusetts federal judge on Wednesday that a liquidation trustee's lawsuit seeking almost $15 billion in allegedly ill-gotten disgorgements not only fails to state a claim, but misapplies the U.S. Supreme Court's recent Kokesh decision on which the suit is based.
October 27, 2017
A liquidation trustee's suit filed in Massachusetts federal court on Thursday says the U.S. Supreme Court's recent Kokesh decision didn't just limit the ability of the U.S. Securities and Exchange Commission to win disgorgement of ill-gotten gains, but destroyed it, and seeks almost $15 billion from the agency.