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Analysis

SEC Disgorgement Could Face Tough Crowd At High Court

Law360, New York (April 17, 2017, 7:50 PM EDT) -- The U.S. Supreme Court will hear oral arguments Tuesday over the U.S. Securities and Exchange Commission’s ability to collect disgorgement for conduct going back further than five years, and experts say the newest justice is likely to view the agency’s disgorgement powers with skepticism.

Charles R. Kokesh’s bid to overturn a Tenth Circuit decision finding the five-year statute of limitations on civil penalties doesn’t apply to disgorgement collected by the SEC will be the second securities case Justice Neil Gorsuch hears in as many days on the Supreme Court bench, and experts will be watching closely to see how the justice...

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