Breaking News :

Kokesh v. Securities and Exchange Commission

Docket No. Op. Below Argument Opinion Vote Author Term
16-529 10th Cir. Apr 18, 2017
Tr.Aud.
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.
 
Share:
  • Featured Posts

  • Sponsored by Casetext

  • SCOTUStalk see all

  • Email Digest Sign-Up


  • Merits Case Pages and Archives

Term Snapshot
At a Glance
  • OT2019 Merits Docket

  • Voting Breakdown – Argued Cases

  • Majority Opinion Authorship – Argued Cases

  • Download our Apple or Android App

    Download our App in the Apple StoreDownload our App in the Apple Store

  • Videos see all

    On Friday, April 3, Justice Stephen Breyer spoke to students at the United Nations International School in New York City. The justice gave his talk remotely via video call, while self-quarantining at home in Massachusetts with his wife and daughter.

Awards
  • Peabody Award

    Awarded the Peabody Award for excellence in electronic media.

    Awarded the Peabody Award for excellence in electronic media.

  • Sigma Delta Chi

    Sigma Delta Chi

    Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.

  • National Press Club Award

    National Press Club Award

    Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.

  • Silver Gavel Award

    Silver Gavel Award

    Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.

  • American Gavel Award

    American Gavel Award

    Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.

  • Webby Award

    Webby Award

    Awarded the Webby Award for excellence on the internet.