Tag Archives: Disgorgement
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SCOTUS Opinion: Federal Trade Commission Act Does Not Permit Awards Of Monetary Relief
In AMG Capital Management, LLC v. FTC, the Federal Trade Commission sued Scott Tucker and his companies for deceptive payday lending practices in violation of the Federal Trade Commission Act. The district court granted an injunction to stop further such practices, and also invoked Section 13(b) of the Act to order Tucker to pay $1.27 billion in restitution and disgorgement ... Read More
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SCOTUS Opinion: Disgorgement Is An Equitable Remedy Available To The SEC
The Securities Exchange Act of 1934 permits the Securities and Exchange Commission to seek civil penalties and “equitable relief” in civil suits against those who violate securities laws. In the prior case of Kokesh v. SEC, 581 U.S. ___ (2017), the Court held that disgorgement was a “penalty” under the applicable statute of limitations for SEC enforcement actions, but declined ... Read More