Is Disgorgement a Fine, Forfeiture, Penalty or Equitable Remedy? The U.S. Supreme Court Will Decide
In The News | 1 min read
Feb 2, 2017
Hinshaw attorney and former Assistant U.S. Attorney Ken Yeadon spoke to Judy Greenwald of Business Insurance about a U.S. Supreme Court Case that will decide whether disgorgement is subject to a five-year statute of limitations.
Under the law, a fine, forfeiture or penalty imposed pursuant to charges brought by the U.S. Securities and Exchange Commission is subject to a five-year statute of limitations. In Securities and Exchange Commission v. Charles Kokesh, the Tenth Circuit had ruled last summer that a disgorgement order was not subject to the limitations period because "disgorgement is not a penalty … it is remedial." However, the Eleventh Circuit had earlier ruled in a separate case that the limitations period did apply to disgorgement "because forfeiture includes disgorgement." The U.S. Supreme Court will now resolve these contradictory rulings.
Yeadon noted that the rule within the Seventh Circuit's jurisdiction (Illinois, Indiana, Wisconsin) is that the statute of limitation does not apply to disgorgement, because it is a considered an equitable remedy as opposed to a civil penalty.
The case also has insurance implications, because in a majority of states disgorgement is insurable.
"Supreme Court reviews SEC statute of limitations" was published by Business Insurance, February 2, 2017.
Related People
Related Capabilities
Related Locations
Featured Insights

Press Release
May 20, 2026
Hinshaw Releases America 250 Book Exploring Insurance's Role in Building the United States

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 19, 2026
OCC's Final Escrow-Interest Preemption Rules Bolster the Second Circuit’s Cantero Decision

Webinar
May 19, 2026
Scott Seaman Speaks on Making Decisions in Difficult Risk Environments

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
SCOTUS Confirms: Federal Courts Retain Power to Affirm or Vacate an Arbitration Decision

In The News
May 13, 2026
Hinshaw Contributes Chapters to “Wrongful-Death and Survival Actions” IICLE Handbook

In The News
May 12, 2026
Hinshaw GC Steve Puiszis Discusses Protecting Attorney-Client Privilege in an AI Age

Event
May 12-13, 2026
Mitchel Chargo Speaks on the Rapidly Evolving Cannabis Industry

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 11, 2026
Tennessee Reaches Settlement with Mariner in Multistate UDAAP Enforcement Action

Press Release
May 11, 2026
Ali Degan Elected to the Fellows of the American Bar Foundation

Press Release
May 11, 2026
John Weedon Re-Elected to the Jacksonville Bar Association’s Board of Governors in 2026


