Topic
Restitution
420 published works
Consumer Class Defense Counsel
Questioning Disgorgement Remedies in Light of the U.S. Supreme Court’s AMG Capital Management, LLC v. FTC Decision
By Charles W. Niemann, Erik K. Swanholt
In a unanimous decision in AMG Capital Management, LLC v. FTC, the U.S. Supreme Court held that the Federal Trade Commission (FTC) lacks authority under Section 13(b) of the FTC…
Zalma on Insurance
Insurers who Pay Claim Caused by Crime are “Victims” Entitled to Restitution
By Barry Zalma
When a Claim is Paid as a Result of a Crime Insurer Must Demand Restitution Montana Supreme Court Allows Restitution to Insurer Sami Jo Lodahl (Lodahl) appealed an order sentencing…
Roberts Disability Law Blog
Fourth Circuit Holds that Mandatory Victims Restitution Act Permits the Government’s Seizure of ERISA-governed Retirement Benefits
In United States v. Frank, No. 20-6706, __F.4th__, 2021 WL 3504049 (4th Cir. Aug. 10, 2021), the Fourth Circuit considered whether the government can garnish a defendant’s ERISA-governed 401(k) retirement…
Consumer Finance Monitor
Federal court rules constitutional challenge did not allow stay of CFPB order requiring payment of restitution and civil money penalties
Despite the pendency in the Tenth Circuit of a constitutional challenge to a CFPB administrative order that requires a lender and its CEO to pay restitution and civil money penalties,…
Consumer Financial Services Review
CFPB Remedies – Some Judicial Guideposts on Restitution and Penalties
By Ori Lev
The Dodd-Frank Act provides the Consumer Financial Protection Bureau (“CFPB”) with authority to obtain a broad range of legal and equitable remedies, as well as civil money penalties. Our recent…
All About Advertising Law
Restitution or Disgorgement: Seventh Circuit Holds They Are Birds of a Feather
It feels like only yesterday we were analyzing the Supreme Court's opinion in Liu v. SEC and its initial impact on FTC cases. As a refresher: Liu held that a…
Webb & Morton PLLC Blog
Can the IRS Impose a Penalty after a Restitution-Based Assessment?
By Jason Morton
It is well settled that upon an order of restitution, based on a criminal tax loss to the government, the IRS can file restitution-based tax liens and collect the restitution…
Legal Profession Blog
Resigned With Restitution Order
An attorney's resignation with an agreed order of restitution was accepted by the New York Appellate Division for the Second Judicial Department.As to the issue of restitution, the respondent consents…
RopesDataPhiles
Supreme Court Holds that FTC Cannot Obtain Disgorgement or Restitution Remedies under FTC Act Section 13(b)
By Doug Hallward-Driemeier, Chong Park, Eileen Falk
On Thursday, April 22, the Supreme Court released a unanimous decision holding that the Federal Trade Commission’s authority under Section 13(b) of the FTC Act does not grant the agency…
Ad Law Access
Can Congress Amend Section 13(b) to Allow for Retroactive Restitution?
Now that the Supreme Court has decided AMG Capital Management, LLC v. Federal Trade Commission (regardless of your rooting interests, quite a day, eh?) all eyes turn toward Congress, as…