Justices Limit Recovery In Securities Fraud Cases - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Washington Wire
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Advisor News
Washington Wire RSS Get our newsletter
Order Prints
June 6, 2017 Washington Wire
Share
Share
Post
Email

Justices Limit Recovery In Securities Fraud Cases

Associated Press

WASHINGTON (AP) — The Supreme Court on Monday made it tougher for the government to recover ill-gotten gains from people convicted of securities fraud, ruling that such recoveries are subject to a five-year statute of limitations.

The unanimous ruling could hamstring prosecutors trying to recoup huge sums of money in cases where alleged fraud has been going on for decades before authorities file charges.

The justices overturned a lower court decision that ordered venture capitalist Charles Kokesh to pay the Securities and Exchange Commission $35 million from investor funds he used to pay himself and others at his New Mexico-based operation from 1995 to 2006.

Lawyers for Kokesh had argued that the five-year window would reduce his payment to just $5 million because the SEC did not bring charges against him until 2009.

Justice Sonia Sotomayor said in her opinion that so-called "disgorgement" actions are the equivalent of penalties, which have long been considered subject to the five-year limit for collection.

"Disgorgement orders go beyond compensation, are intended to punish, and label defendants wrongdoers as a consequence of violating public laws," Sotomayor said.

Government lawyers had argued that disgorgement was not a punishment because the goal is to prevent those who break the law from being unjustly enriched. But Sotomayor disagreed, saying disgorgement can sometimes exceed the profits gained. She said it could include benefits to third parties or fail to consider expenses that reduce the amount of illegal profits.

Business and securities industry groups had argued that ruling in favor of the government would harm financial markets by creating uncertainty about the limits of potential liability for securities fraud. They said going beyond the five-year window would mean relying on stale evidence and witnesses with faded memories.

SEC spokesman Ryan White declined to comment on the ruling. The agency collected more than $4 billion in disgorgement actions and other penalties in the 2016 fiscal year.

Older

Republican Rep. Brian Mast gets blasted on health care at Stuart town hall

Newer

The Advantages of Buying Usage Based Auto Insurance

Advisor News

  • When new investment trends emerge, Gen Z is most likely generation to be first in
  • Could ‘plain English’ become an advisor’s secret weapon?
  • IRI urges Senate action on 403(b) parity legislation
  • Three estate planning ideas to protect your clients and their wealth
  • What advisors must know about accessible client documents
More Advisor News

Annuity News

  • NUNN INTRODUCES BILL TO CUT RED TAPE, GIVE IOWANS CLEARER INSURANCE INFORMATION
  • NAIC working group pressed to accelerate annuity illustration overhaul
  • State Auditor James Brown Kicks Off Life Insurance Awareness Month With Policy Locator Tool
  • Wink: Annuity sales post strong Q2, led by MYGAs and structured products
  • Legacy Marketing Group partners with Malibu Life USA for annuity launch
More Annuity News

Health/Employee Benefits News

  • ATTORNEY GENERAL TONG JOINS COALITION CHALLENGING TRUMP ADMINISTRATION'S LATEST ATTACK ON HEALTHCARE FOR TRANSGENDER YOUTH
  • ATTORNEY GENERAL TONG JOINS LAWSUIT CHALLENGING EFFORT TO EXPAND CATASTROPHIC HEALTH INSURANCE PLANS AND AGAIN UNDERMINE ACA PROTECTIONS
  • ATTORNEY GENERAL TONG URGES CONNECTICUT INSURANCE DEPARTMENT TO REJECT DOUBLE-DIGIT HEALTH INSURANCE RATE HIKE REQUESTS
  • Some WNY health insurance rates will stay flat. Others will rise 13.5%
  • Could health care plans with fewer mandates help more Texans get insurance? Marshall lawmaker believes so
Sponsor
More Health/Employee Benefits News

Life Insurance News

  • TDCI reminds consumers to focus on the future during Life Insurance Awareness Month
  • AM Best Affirms Credit Ratings of Zurich Insurance Group Ltd and Its Main Rated Subsidiaries
  • Best’s Market Segment Report: AM Best Maintains Stable Outlook on China’s Non-Life Insurance Segment
  • Understanding Nonequity Split-Dollar
  • Life insurance loans: what to do when a client shows interest in one
Sponsor
More Life Insurance News

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Press Releases

  • Classic Car Insurer OpenRoad Insurance Expands to 40 U.S. States in Two Years
  • How Aspire General Turned an Early Technology Bet Into Claims Automation at Scale with Kyber
  • Adjusto launches AI-Native contents claims services powered by its technology platform
  • URL Insurance Group Celebrates 40 Years of Service, Growth, and Industry Leadership
  • MassMutual Ascend Surpasses $2 Billion in Lifetime Advisory Annuity Sales, Reflecting Continued Momentum in RIA Channel
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.