Recent Decisions Show Courts Looking to Rein In Use of Restitution and Disgorgement

This article discusses two recent U.S. Supreme Court decisions that suggest courts may be seeking to rein in the use of these financial tools of criminal and civil enforcement.

11 minute read April 01, 2026 at 12:13 AM

Elkan Abramowitz and Jonathan Sack

Recent Decisions Show Courts Looking to Rein In Use of Restitution and Disgorgement

Over time, white-collar criminal cases have taken on some of the features of civil disputes in their focus on economic harm and recovery for victims. Some of the terminology is different — for example, “loss” and “restitution” rather than “damages — but the concepts are similar.

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