Supreme Court of the United States

Charles R. Kokesh v. Securities and Exchange Commission.

June 5, 2017581 U.S. 455

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.

Holding

  • Whether 28 U.S.C. § 2462’s five‑year statute of limitations applies to SEC disgorgement claims.. SEC disgorgement is a penalty within the meaning of § 2462, so the five‑year limitations period applies.

Docket No. 16–529.

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