Global Investigations Review - The law and practice of international investigations

image

Supreme Court justices struggle with SEC’s use of disgorgement

By Adam Dobrik

18 April 2017

Supreme Court justices struggle with SEC’s use of disgorgement US Supreme Court in Washington, DC. istockphoto.com/trekandshoot

The SEC walked a tightrope trying to distinguish disgorgement from forfeiture and civil penalties before the US Supreme Court today, as justices grilled the regulator’s counsel on what set the enforcement tool apart.