Corporate Accountability

RELEASE: Justices Lean Toward Recognizing Courts’ Power To Order Disgorgement

“The Justices barely discussed whether courts have disgorgement authority at all. Rather, the argument focused on whether the Court should impose any reasonable limits on the amount of disgorgement that can be imposed.” — CAC Appellate Counsel Ashwin Phatak

WASHINGTON – Following oral argument at the Supreme Court this morning in Liu v. SEC, Constitutional Accountability Center Appellate Counsel Ashwin Phatak, present for today’s proceedings, issued the following reaction:

After this morning’s argument, it seems that the Justices will recognize, as they should, that district courts have the authority to order violators of the nation’s securities laws to turn over their ill-gotten gains. As even counsel for Liu acknowledged during today’s argument, multiple laws are premised on the existence of disgorgement authority, and those provisions would make no sense if courts could not order disgorgement. Indeed, it was notable that the Justices barely discussed whether courts have disgorgement authority at all. Rather, the argument focused on whether the Court should impose any reasonable limits on the amount of disgorgement that can be imposed.

#

Resources:

CAC case page in Liu v. SEC: https://www.theusconstitution.org/litigation/liu-v-sec/

##

Constitutional Accountability Center is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history. Visit CAC’s website at www.theusconstitution.org.

###

More from Corporate Accountability

Corporate Accountability
U.S. Court of Appeals for the Fifth Circuit

Ortega v. Office of the Comptroller of the Currency

In Ortega v. Office of the Comptroller of the Currency, the United States Court of Appeals for the Fifth Circuit is considering a challenge to the Office of the Comptroller of the Currency’s authority to...
Corporate Accountability
U.S. Court of Appeals for the Fifth Circuit

Burgess v. Whang

In Burgess v. Whang, the Fifth Circuit is considering a challenge to the Federal Deposit Insurance Corporation’s authority to issue penalties and other supervisory orders. 
Corporate Accountability
October 23, 2024

The Constitution Doesn’t Entitle Drug Manufacturers to a Sweetheart Deal

Washington
Big Pharma is in federal appeals court making the absurd argument that Medicare shouldn’t be...
By: Nina Henry
Corporate Accountability
October 4, 2024

An Oil Giant Railroads Its SCOTUS Connection To Gut Environmental Law

The Lever
A fossil fuel giant with deep ties to Supreme Court Justice Neil Gorsuch, along with...
Corporate Accountability
July 2, 2024

QUICK TAKE: Corporate Interests at the Supreme Court, 2023-2024 Term

Conservative supermajority discards precedent, shifts power to judges, and hobbles agency efforts to enforce the...
By: Brian R. Frazelle
Corporate Accountability
June 24, 2024

The Supreme Court’s War on Working People Just Got a Little Worse

Balls and Strikes
The decision in Starbucks Corporation v. McKinney is part of a long tradition of the Supreme Court...