Skip to main content

SEC profit repayment limits

Zhiying Yvonne Gasarch v. Securities and Exchange Commission

Updated Nov 12, 2026

In brief

Where it stands
Petition Pending

Awaiting an order on the petition

No decision timeline until the Court agrees to hear the case.

What it’s about
Zhiying Gasarch asks the Supreme Court to review a lower-court order that made her responsible along with other defendants for paying back money, despite a finding that the evidence did not show she received funds, and required payment beyond a five-year limit based on a jury finding of negligence rather than intent.
What's at stake
The dispute concerns Gasarch's responsibility for repayment with other defendants and for amounts covering more than five years; the Supreme Court has not agreed to review it.

Summary: written with AI from the case record.

What it's about

The case is an SEC enforcement dispute about the scope of the money repayment ordered against Gasarch.

Question presented

1. Whether a district court, having found that the evidence does not demonstrate receipt of funds by Ms. Gasarch, erred in imposing joint-and-several disgorgement based solely on “concerted wrongdoing,” notwithstanding the strong presumption against joint-and-several liability and the absence of any of the relevant factors this Court identified in Liu v. SEC, 591 U.S. 71 (2020). 2. Whether the district court erred in ordering disgorgement outside the relevant five-year statutory period where the jury verdict supported only a finding of negligence and not scienter, and thus violated Ms. Gasarch’s jury trial rights under the Seventh Amendment.

What happens next

The petition was distributed for the Court's Dec. 4, 2026 conference, where the justices may consider whether to hear it. That date is not a promised decision date.

Documents

1

Docket activity

5
  • New analysis added

    Nov 12, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 12, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 12, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Nov 12, 2026 · Court records

  • Brief added: Petition

    Aug 31, 2026 · Court records

More questions

1
What does Gasarch say the jury found?
She says the jury found negligence, not intent, and argues that this does not support repayment beyond five years.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Nov 12, 2026Methodology

Court records and filings

Reporting and analysis