Supreme Court rules SEC can recoup money in fraud cases
Legal Events
The Supreme Court on Monday preserved an important tool used by securities regulators to recoup ill-gotten gains in fraud cases.
By an 8-1 vote, the justices ruled that the Securities and Exchange Commission can seek to recover the money through a process called disgorgement. Last year, the SEC obtained $3.2 billion in repayment of profits from people who have been found to violate securities law.
“The Court holds today that a disgorgement award that does not exceed a wrongdoer’s net profits and is awarded for victims is equitable relief permissible" under federal law, Justice Sonia Sotomayor wrote for the court.
Justice Clarence Thomas dissented. The Supreme Court in 2017 unanimously limited the SEC’s ability to go after profits where alleged fraud has been going on for years before authorities file charges. That case left open the question the high court answered Monday, that courts have the authority to order disgorgement of profits. The SEC has continued to aggressively pursue defendants’ profits in fraud cases.
Related listings
-
Texas clinics ask Supreme Court to abortions during pandemic
Legal Events 04/12/2020Abortion clinics in Texas on Saturday asked the Supreme Court to step in to allow certain abortions to continue during the coronavirus pandemic.The clinics filed an emergency motion asking the justices to overturn a lower-court order and allow aborti...
-
Fight over jaguar habitat in Southwest heads back to court
Legal Events 03/18/2020A federal appeals court is ordering a U.S. district judge in New Mexico to reconsider a case involving a fight over critical habitat for the endangered jaguar in the American Southwest.Groups representing ranchers had sued, arguing that a 2014 decisi...
-
Court affirms conviction in hot-grease injuries to wife
Legal Events 03/17/2020The Mississippi Supreme Court has affirmed the conviction of a man who injured his wife by dousing her with hot grease after she said she was planning to leave him.Justices handed down a unanimous decision Thursday in the appeal of Kendall Woodson, 4...
Chicago Business Fraud Attorney
Business Fraud can take many forms. In the broadest terms, a fraud occurs when someone intentionally deceives others for personal gain. Many times business fraud is harmful and recovery is necessary. Losing your personal or business’s assets can devastate your entire life. Contact Roth Law Groupto receive help on restoring your business to normalcy before you were victimized with fraud. Business fraud cases can involve multiple people and complicated schemes aimed at deceiving the public, auditors, investigators, or others. Whether you are dealing with corporate fraud or commercial fraud, we can step in and fight back to receive compensation that you deserve.
At Roth Law Group we are devoted to prosecuting and defending the legal rights of individuals and small businesses, as either plaintiff or defendant. Proving fraud can be extremely difficult. To have a successful business fraud case, one must prove that the defendant purposefully set out to defraud the victim. Fraud cases are being investigated more aggressively than ever. With increasing federal regulation and scrutiny of corporate practises, many individuals and businesses find themselves the subject of business fraud investigations.