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In the Wake of Kokesh v. SEC: Whither Disgorgement in FCPA Cases

By Lucinda Low & Jessica Piquet Megaw on July 14, 2017
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On June 5, 2017, the United States Supreme Court unanimously held that disgorgement in SEC enforcement actions operates as a penalty in Kokesh v. Securities and Exchange Commission.  This means that disgorgement is subject to the federal five-year statute of limitations under 28 U.S.C. §2462. The Kokesh decision settled a dispute between the US Court of Appeals for the Tenth Circuit and the Eleventh Circuit, and in the process undermined a key source of large recoveries by the SEC in FCPA resolutions, and in SEC proceedings more broadly.

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Photo of Jessica Piquet Megaw Jessica Piquet Megaw

Jessica Piquet Megaw focuses on compliance and investigations involving the Foreign Corrupt Practices Act (FCPA).

View Jessica’s full bio.

Read more about Jessica Piquet MegawEmail
  • Posted in:
    Banking, Finance and Securities
  • Blog:
    International Compliance Blog
  • Organization:
    Steptoe LLP

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