SEC Disgorgement Limits Should Apply to FERC and CFTC

June 9, 2017

Charley Mills, Dan Mullen, and Shaun Boedicker co-authored an article titled “SEC Disgorgement Limits Should Apply to FERC and CFTC” for Law360. The article discusses the US Supreme Court’s holding in Kokesh v. Securities and Exchange Commission that the Securities and Exchange Commission may recover disgorgement only for conduct within the federal five-year statute of limitations covering civil fines and penalties. The authors argue that the same principles limiting SEC disgorgement claims apply to disgorgement claims of the Federal Energy Regulatory Commission and the Commodity Futures Trading Commission.