Gabelli v. Securities and Exchange Commission
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-1274 | 2d Cir. | Jan 8, 2013 | Feb 27, 2013 | 9-0 | Roberts | OT 2012 |
Holding: The five-year statute of limitations for the SEC to bring a civil suit seeking penalties for securities fraud against investment advisers begins to tick when the fraud occurs, not when it is discovered.
Judgment: Reversed and remanded, 9-0, in an opinion by Chief Justice Roberts on February 27, 2013.
SCOTUSblog Coverage
- Opinion analysis: That which does not kill the SEC may make the agency stronger (Jonathan Macey, February 28, 2013)
- Argument recap: Were from the government and were here to win (Jonathan Macey, January 15, 2013)
- Argument preview: Too bad both sides can't lose this one (Jonathan Macey, January 8, 2013)
- Six new grants, redistricting ruling (Lyle Denniston, September 25, 2012)
- Petition of the day (Matthew Bush, June 13, 2012)
| Date | Proceedings and Orders |
|---|---|
| 02/06/2012 | Application (11A755) to extend the time to file a petition for a writ of certiorari from February 20, 2012 to March 22, 2012, submitted to Justice Ginsburg. |
| 02/10/2012 | Application (11A755) granted by Justice Ginsburg extending the time to file until March 22, 2012. |
| 03/02/2012 | Application (11A755) to extend further the time from March 22, 2012 to April 20, 2012, submitted to Justice Ginsburg. |
| 03/07/2012 | Application (11A755) granted by Justice Ginsburg extending the time to file until April 20, 2012. |
| 04/20/2012 | Petition for a writ of certiorari filed. (Response due May 24, 2012) |
| 05/15/2012 | Order extending time to file response to petition to and including June 25, 2012. |
| 06/14/2012 | Order further extending time to file response to petition to and including July 25, 2012. |
| 07/25/2012 | Brief of respondent Securities and Exchange Commission in opposition filed. |
| 08/08/2012 | DISTRIBUTED for Conference of September 24, 2012. |
| 08/14/2012 | Reply of petitioners Marc J. Gabelli and Bruce Alpert filed. (Distributed) |
| 09/10/2012 | Supplemental brief of petitioner Marc J. Gabelli and Bruce Alpert filed. (Distributed) |
| 09/21/2012 | Supplemental brief of petitioner Marc J. Gabelli and Bruce Alpert filed. (Distributed) (Second Supplemental) |
| 09/25/2012 | Petition GRANTED. |
| 10/31/2012 | SET FOR ARGUMENT ON Tuesday, January 8, 2013. |
| 11/02/2012 | Consent to the filing of amicus curiae briefs, in suport of either party or of neither party, received from the Solicitor General on behalf of the respondent. |
| 11/05/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. |
| 11/09/2012 | Joint appendix filed. (Statement of costs filed) |
| 11/09/2012 | Brief of petitioners Marc J. Gabelli and Bruce Alpert filed. |
| 11/13/2012 | Record from the U.S.D.C. for the Southern District of New York is electronic. |
| 11/16/2012 | CIRCULATED. |
| 11/16/2012 | Brief amicus curiae of Association of the Bar of the City of New York filed. (Distributed) |
| 11/16/2012 | Brief amicus curiae of American Bankers Association filed. (Distributed) |
| 11/16/2012 | Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed. (Distributed) |
| 11/16/2012 | Brief amicus curiae of Cato Institute filed. (Distributed) |
| 11/16/2012 | Brief amicus curiae of DRI - The Voice of the Defense Bar filed. (Distributed) |
| 11/16/2012 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed) |
| 11/21/2012 | Motion for leave to file amici brief out of time filed by Former SEC Commissioners and Officials. |
| 12/03/2012 | Motion for leave to file amici brief out of time filed by Former SEC Commissioners and Officials GRANTED. |
| 12/04/2012 | Record from U.S.C.A. for 2nd Circuit is electronic. |
| 12/07/2012 | Brief amicus curiae of Occupy the SEC filed. (Distributed) |
| 12/10/2012 | Brief of respondent Securities and Exchange Commission filed. (Distributed) |
| 12/26/2012 | Reply brief of petitioners Marc J. Gabelli and Bruce Alpert filed. (Distributed) |
| 01/07/2013 | Letter from counsel for petitioners Marc J. Gabelli and Bruce Alpert filed. (Distributed) |
| 01/08/2013 | Argued. For petitioners: Lewis J. Liman, New York, N. Y. For respondent: Jeffrey B. Wall, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 02/27/2013 | Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court. |
| 04/01/2013 | JUDGMENT ISSUED. |
Holding: The five-year statute of limitations for the SEC to bring a civil suit seeking penalties for securities fraud against investment advisers begins to tick when the fraud occurs, not when it is discovered.
Judgment:”Reversed and remanded, 9-0, in an opinion by Chief Justice Roberts on February 27, 2013.