All Disgorgement articles
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ArticleHouse passes bill to restore FTC’s disgorgement authority
The Federal Trade Commission will have its power to seek disgorgement of ill-gotten gains restored, if a bill that passed the House becomes law.
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Article
Supreme Court limits FTC’s power to recoup ill-gotten gains
The Supreme Court ruled the Federal Trade Commission cannot seek to recover funds unlawfully obtained by individuals and companies resulting from violations of consumer protection laws.
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Article
Defense bill empowers SEC in seeking return of profits from fraud
The ability of the SEC to pursue the return of profits earned in fraudulent schemes has been strengthened as part of Congress’ passage of the National Defense Authorization Act for Fiscal Year 2021.
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Article
Supreme Court to consider scope of FTC enforcement authority
The Supreme Court agreed to hear a case that will decide whether the FTC can seek to recoup funds unlawfully obtained by individuals and companies resulting from violations of consumer protection laws.
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Article
Supreme Court: SEC can recoup ill-gotten profits, with caveats
The U.S. Supreme Court reaffirmed the SEC’s authority to recoup profits obtained from fraudulent schemes but limited the scope of what can be sought through disgorgement.
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Article
U.S. Supreme Court to consider appropriateness of SEC disgorgement
A case examining the meaning of “disgorgement” and whether the SEC can obtain it via a court order could affect a practice the regulator has used for decades.
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Blog post
CDM Smith probe ends in declination with disgorgement
The Fraud Section of the Justice Department’s Criminal Division last month issued its seventh declination under the FCPA Pilot Program, and the second under the Trump Administration. It was also the fourth declination with disgorgement, a developing FCPA enforcement trend.
