Cassandra Aubert Assesses Circuit Split on SEC Disgorgement Authority

Foley & Lardner LLP associate Cassandra Aubert commented on the growing scrutiny around the U.S. Security and Exchange Commission’s disgorgement authority in the Bloomberg Law article, “SEC Power to Recoup Illegal Profits at Risk as Justices Eye Case.”

With the Ninth Circuit recently deepening a circuit split on what qualifies for disgorgement by granting an award in the case of Ongkaruck Sripetch v. U.S. Securities and Exchange Commission and an appeal underway to the U.S. Supreme Court, the standards governing disgorgement in securities enforcement actions may soon be clarified.

“An objective look at the SEC’s track record in recent years with the Supreme Court and appellate courts indicates that, for the most part, the SEC’s arguments on appeal have not been well received,” Aubert said.

Aubert and partner James Lundy authored a more detailed overview of the case in a recent Foley blog here.

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