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Expert Analysis

How 9th Circ. Ruling Deepens SEC Disgorgement Circuit Split

By Kiersten Fletcher, Adam Mintz and Mary Hornak ( November 4, 2025, 5:14 PM EST) -- When the U.S. Securities and Exchange Commission brings a civil enforcement action in a securities fraud case, it has a range of potential remedies it can seek, including injunctive relief, disgorgement and financial penalties. Historically, the SEC has treated disgorgement as a means to recoup the illicit gains received by the perpetrator of an alleged fraud....

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