Supreme Court of the United States

Charles R. Kokesh v. Securities and Exchange Commission.

June 5, 2017137 S. Ct. 1635

Summary

The Supreme Court held that SEC disgorgement is a penalty within the meaning of 28 U.S.C. § 2462, so the five‑year statute of limitations applies to disgorgement claims. The Court reversed the Tenth Circuit and required disgorgement actions to be filed within five years of accrual.