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Supreme Court Is Asked to Weaken the SEC’s Ability to “Make Things Right”: Amici Curiae Brief
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Supreme Court Is Asked to Weaken the SEC’s Ability to “Make Things Right”: Amici Curiae Brief

Andy Green, Daniel Chiplock, and Tyler Gellasch explain how the outcome of a forthcoming U.S. Supreme Court case could deprive the Securities and Exchange Commission of one of its major enforcement tools.

Authors

  • Andy Green
  • Daniel Chiplock
  • Tyler Gellasch

This March, the Supreme Court is set to hear oral argument on whether the SEC may continue seeking “disgorgement”—or the giving-up of all ill-gotten gains—in civil enforcement proceedings brought in federal court. The SEC has long taken the view that wrongdoers should not be permitted to reap the benefits from their misconduct. And while stark political differences have emerged over the SEC’s imposition of corporate penalties in recent years, the SEC’s ability to seek disgorgement has generally gone unquestioned.

The above excerpt was originally published in Harvard Law School Forum on Corporate Governance. Click here to view the full article.

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Authors

Andy Green

Senior Fellow

Daniel Chiplock

Tyler Gellasch

Fellow, Global Financial Markets Center, Duke University School of Law