Wed 23 Jan, 2019 | Client Alerts by Carl Schoeppl vCard
SEC Division of Enforcement Publishes Enforcement Results for 2018 November 2, 2018, | Client Alert: Securities Enforcement By Carl F. Schoeppl On November 2, 2018, the SEC Division of Enforcement published its Annual Report for the Fiscal Year Ended September 30, 2018. In FY 2018, the SEC brought a diverse mix of 821 enforcement actions of which consisted of 490 “stand-alone” actions brought in federal court or as administrative proceedings, 210 were “follow-on” proceedings seeking …
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Mon 5 Jun, 2017 | Client Alerts by Carl Schoeppl vCard
On June 5, 2017, the Supreme Court issued a unanimous opinion in Kokesh v. SEC,137 S.Ct. 1635 (2017), holding that the five-year statute of limitations for civil penalties applies to disgorgement sought by the SEC in its enforcement actions. In Kokesh, the Supreme Court resolved a circuit split regarding whether 28 U.S.C. § 2462, which establishes a five- year statute of limitations for an “action, suit or proceeding for the enforcement of any civil fine, …
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Wed 27 Feb, 2013 | Client Alerts by Carl Schoeppl vCard
On February 27, 2013, the Supreme Court issued a unanimous opinion in Gabelli v. SEC, 568 U.S. 442 (2013), holding that the five-year statute of limitations for civil penalties sought by the SEC in its enforcement actions begins to run when the fraud occurs, not when it is discovered. In Gabelli, the Supreme Court rejected the SEC’s request to apply the discovery rule to claims for civil penalties under 28 U.S.C. § 2462, which establishes …
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