Reflections on <b><I>Kokesh v. SEC</I></b>

<b><I>Potential Ramifications of SEC Disgorgement Being a Penalty</b></i><p> <b><i>Part One of a Two-Part Article</I></b><p>In reference to <I>Kokesh</I>, most commentators have focused on the five-year limitations period, which certainly carries important ramifications for the SEC. But as we describe here, the Supreme Court's ruling that "SEC disgorgement constitutes a penalty" has more far-reaching ramifications.

16 minute read August 01, 2017 at 12:04 AM
By
Dixie L. Johnson and M. Alexander Koch
Reflections on <b><I>Kokesh v. SEC</I></b>

In the period since the Supreme Court's unanimous decision in Kokesh v. SEC, No. 16-529, 2017 WL 2407471 (U.S.

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