Sectors
Foley & Lardner LLP partner James Lundy assessed the U.S. Supreme Court’s consideration of SEC disgorgement powers in the Bloomberg Law article, “SEC Win on Core Enforcement Tool Would Still Leave Payback Gaps.”
Commenting on the agency’s practices regarding distribution to investors, he said, “Identifying victims, calculating amounts for a particular victim, potentially doing a distribution is something that the SEC does from time to time via its Fair Fund capabilities, but not something they do for all cases where they pursue disgorgement.”
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