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Kokesh v. Securities and Exchange Commission

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Docket No. Op. Below Argument Opinion Vote Author Term
16-529 10th Cir. Apr 18, 2017 Jun 5, 2017 9-0 Sotomayor OT 2016

Holding: Because disgorgement sought by the Securities and Exchange Commission operates as a penalty under 28 U.S.C. § 2462, in that it is imposed by the courts as a consequence for violating public laws and for punitive purposes, any claim for disgorgement in an SEC enforcement action must be commenced within five years of the date the claim accrued.

Judgment: Reversed, 9-0, in an opinion by Justice Sotomayor on June 5, 2017.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 18 2016Petition for a writ of certiorari filed. (Response due November 18, 2016)
Nov 10 2016Order extending time to file response to petition to and including December 19, 2016.
Nov 18 2016Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Dec 9 2016Brief of respondent Securities and Exchange Commission filed.
Dec 15 2016Reply of petitioner Charles R. Kokesh filed.
Dec 21 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 9 2017DISTRIBUTED for Conference of January 13, 2017.
Jan 13 2017Petition GRANTED.
Feb 13 2017Motion to dispense with printing the joint appendix filed by petitioner Charles R. Kokesh.
Feb 17 2017SET FOR ARGUMENT ON Tuesday, April 18, 2017.
Feb 21 2017Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 22 2017Record requested from the U.S.C.A. 10th Circuit.
Feb 24 2017Brief of petitioner Charles R. Kokesh filed.
Feb 27 2017Record received from the U.S.C.A. 10th Circuit. The record is electronic and available on PACER.
Mar 3 2017Brief amicus curiae of Mark Cuban filed.
Mar 3 2017Brief amicus curiae of Securities Industry and Financial Markets Association filed.
Mar 3 2017Brief amicus curiae of American Investment Council filed.
Mar 3 2017Brief amicus curiae of Chamber of Commerce of the United States of America, and the American Petroleum Institute filed.
Mar 3 2017Brief amicus curiae of The Cato Institue filed.
Mar 3 2017Brief amicus curiae of Washington Legal Foundation filed.
Mar 3 2017Brief amicus curiae of Donald R. Miller,Jr., in His Capacity as the Independent Executor of the Will and Estate of Charles J. Wyly,Jr. filed.
Mar 3 2017Brief amicus curiae of Americans for Forfeiture Reform filed.
Mar 22 2017CIRCULATED.
Mar 27 2017Brief of respondent Securities and Exchange Commission filed. (Distributed)
Apr 10 2017Reply of petitioner Charles R. Kokesh filed. (Distributed)
Apr 18 2017Argued. For petitioner: Adam Unikowsky, Washington, D. C. For respondent: Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 5 2017Judgment REVERSED. Sotomayor, J., delivered the opinion for a unanimous Court.
Jul 7 2017JUDGMENT ISSUED.