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Supreme Court limits SEC’s power to recover ill-gotten gains

June 5, 2017 By Sarah N. Lynch and Lawrence Hurley WASHINGTON (Reuters) – The U.S. Supreme Court on Monday scaled back the Securities and Exchange Commission’s power to recover ill-gotten profits from defendants’ misconduct, handing Wall Street firms a victory and dealing another blow to the regulator’s enforcement powers. In a 9-0 ruling, the Supreme Court found that the SEC’s recovery remedy known as “disgorgement” is subject to a five-year statute of limitations. The justices sided with New Mexico-based investment adviser Charles Kokesh, who previously was ordered by a judge…

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Supreme Court rules against SEC over recovery of ill-gotten gains

June 5, 2017 By Sarah N. Lynch and Lawrence Hurley WASHINGTON (Reuters) – The U.S. Supreme Court on Monday scaled back the Securities and Exchange Commission’s power to recover ill-gotten profits from defendants’ misconduct, handing Wall Street firms a victory and dealing another blow to the regulator’s enforcement powers. In a 9-0 ruling, the Supreme Court found that the SEC’s recovery remedy known as “disgorgement” is subject to a five-year statute of limitations. The justices sided with New Mexico-based investment adviser Charles Kokesh, who previously was ordered by a judge…

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