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Forfeiture Kokesh v SEC

Winstead PC

Four Things You Need to Know About the Extended Limitations Period for SEC Disgorgement

Winstead PC on

The Securities and Exchange Commission’s disgorgement powers have made legal headlines a couple of times over the last few years – most notably, with the U.S. Supreme Court’s decisions in Kokesh v. SEC, 137 S. Ct. 1635 (2017)...more

Pillsbury - Gravel2Gavel Construction & Real...

Tenth Circuit Considers Federal 5-Year SOL: Does It Involve Separately Accruing Causes of Action Or A Continuing Violation

On March 5, the U.S. Court of Appeals for the Tenth Circuit issued a ruling that the general federal five-year statute of limitations which is applicable to the enforcement of any civil fines, penalties or forfeitures (28...more

Kramer Levin Naftalis & Frankel LLP

In Two Unanimous Rulings, U.S. Supreme Court Limits Penalties in SEC Enforcement and Criminal Actions

In a pair of decisions issued on June 5, the Supreme Court sharply curtailed the scope of financial sanctions available in civil securities enforcement and criminal drug trafficking cases. In addition to the results, which...more

Foley & Lardner LLP

5-Year Statute of Limitations Applies to SEC Disgorgement

Foley & Lardner LLP on

On June 5, 2017, the Supreme Court issued a unanimous opinion in Kokesh v. Securities and Exchange Commission, resolving a circuit split and holding that the 5-year statute of limitations for civil penalties applies to SEC...more

Bradley Arant Boult Cummings LLP

Is There a Statute of Limitations on Disgorgement?

How long does the Securities and Exchange Commission (SEC) have to bring a lawsuit asking for disgorgement of unlawful gains? The United States Supreme Court will decide that issue this term in Kokesh v. Securities and...more

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