SEC Disgorgement Limits Should Apply To FERC And CFTC

Law360, New York (June 9, 2017, 4:24 PM EDT) -- On June 5, 2017, the U.S. Supreme Court ruled that the five-year statute of limitations in 28 U.S.C. § 2462 applies to the disgorgement remedy in U.S. Securities and Exchange Commission enforcement actions.[1] This decision reverses the prior line of judicial precedent that held that the statute of limitations did not apply to orders requiring the disgorgement of ill-gotten gains.

The same principles limiting SEC disgorgement claims to the five-year period appear to apply with equal force to the disgorgement claims of the Federal Energy Regulatory...
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