Recovering Ill Gotten Gains/Disgorgement Just Got Harder

In a recent ruling the US Supreme Court has somewhat reduced the ability of the SEC to recover ill gotten gains by considering disgorgement a penalty, effectively applying a 5 years statute of limitations. This will require the SEC to more expeditiously detect insider trading schemes and pursue faster investigations. As noted in the below article, there are still however tools the agency can use to circumvent the 5 years statute – including evidence of continued cover-up.

https://www.washingtonpost.com/politics/courts_law/supreme-court-rules-to-limit-sec-power-to-recover-profit-from-fraud/2017/06/05/13fc02b8-4a02-11e7-a186-60c031eab644_story.html?utm_term=.2f1786fc9cc4

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