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No. 18-1501October Term 2019Decided Jun 22, 2020

Docket 18-1501October Term 2019 (2019–2020)

Liu v. SEC

This case asked whether the SEC can make people who violated securities laws give up their ill-gotten gains through disgorgement in a civil enforcement action.

Case status

Current stage
Decided
Latest event
Decision released Jun 22, 2020
Case Accepted
Arguments
Decision ReleasedJun 22, 2020
What it's about

This case asked whether the SEC can make people who violated securities laws give up their ill-gotten gains through disgorgement in a civil enforcement action. The Court held that disgorgement is allowed as equitable relief under federal law, but only when it is limited to a wrongdoer’s net profits and is generally returned to victims.

Question presented

Whether the Securities and Exchange Commission may seek and obtain disgorgement from a court as "equitable relief" for a securities law violation even though this Court has determined that such disgorgement is a penalty.

Case path

United States Court of Appeals for the Ninth Circuit / Decision released Jun 22, 2020

Area

Business and Regulation

Timing

Decided June 22, 2020

The Court released its decision on June 22, 2020 without hearing oral argument.