Keep pulling the thread on James Park.
The U.S. Supreme Court is considering a case that could require the SEC to demonstrate that victims suffered economic harm before it can seek disgorgement of illegal profits.
The Supreme Court ruled in the Kokesh v. SEC decision that SEC disgorgement cases are subject to the statute of limitations for penalties.
In 2021, after the Liu v. SEC decision, Congress passed a statute explicitly permitting the SEC to seek disgorgement without adding conditions such as proving victim harm.
The Supreme Court ruled in the 2024 SEC v. Jarkesy case that defendants have a constitutional right to a jury trial in federal court when the SEC seeks civil penalties for fraud.
A federal judge in Oregon ruled against U.S. Health and Human Services Secretary Robert F. Kennedy Jr.'s attempt to withhold federal funding from hospitals that provide gender-affirming care for minors.
U.S. Health and Human Services Secretary Robert F. Kennedy Jr. stated that hospitals providing puberty blockers or gender-affirming surgeries for minors would lose all their Medicaid and Medicare funding.
Oregon federal judge Mustafa Kassobi ruled that HHS Secretary Robert F. Kennedy Jr. lacked the legal authority to unilaterally supersede statewide standards of care for gender-affirming treatment.
The U.S. Securities and Exchange Commission secured court orders for nearly $11 billion in disgorgement in 2023.
The U.S. Securities and Exchange Commission has secured court orders for more than $6 billion in disgorgement in 2024.
The U.S. Securities and Exchange Commission alleges that defendant Charles Sripach manipulated the price of penny stocks through promotional activities on his website and wash trades.
The U.S. Court of Appeals for the Second Circuit, in the case SEC v. Goebbels, ruled that the SEC must demonstrate pecuniary injury to victims to obtain disgorgement.
The U.S. Court of Appeals for the Ninth Circuit ruled that the SEC can obtain disgorgement without showing pecuniary injury to a victim, creating a circuit split with the Second Circuit.