the SEC to order disgorgement
in administrative proceedings and
The issues are especially difficult because in many cases, even if plaintiffs seek disgorgement
or restitution, they often also allege other theories of recovery, and because many cases settle without any determination or acknowledgement that the settlement payment represents disgorgement
of ill-gotten gain.
performance ($15,000); and (4) disgorgement
, whereby the court orders S
The five had been ordered to pay disgorgements
and civil penalties totaling $2.
In addition to paying disgorgement
, each company has agreed to retain an independent monitor for three years.
The, civil lawsuit seeks antifraud injunctions, civil money penalties, disgorgement
of ill-gotten gains (including salaries, bonuses and commissions) and permanent bars from service as an officer or director of a public company.
It sought injunctions, disgorgement
of all fees and civil money penalties.
The DOL rules amplify new ERISA Sections 101 (i) and 502(c)(7), as added by Sarbanes-Oxley Act of 2002 (SOA) Section 306(b), and are separate from Securities Exchange Act of 1934 changes made by SOA Section 306(a) for executive disgorgement
of profits during blackout periods.
amount will be disbursed in two ways.
In his July 10, 2014 decision, Judge Czygier noted that "prior decisions issued warnings to counsel, specifically, Moritt Hock & Hamroff, LLP, of the possibility of disgorgement
The SEBI proposed that administrative steps be initiated for the redistribution of the disgorgement
amount that had been collected from perpetrators of the scam.
Zaman, Vaghar, and Sameer Khoury have offered to settle to full injunctive relief and disgorgement
, and Zaman has agreed to be permanently barred from associating with any broker or dealer.