Kokesh v. Securities and Exchange Commission
| 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
- Opinion analysis: A statute of limitations does apply to SEC actions for disgorgement (Theresa Gabaldon, June 6, 2017)
- Argument analysis: Does a statute of limitations apply to SEC actions for disgorgement? (Theresa Gabaldon, April 19, 2017)
- Argument preview: The long arm of the SEC (Theresa Gabaldon, April 11, 2017)
- Court adds 16 new cases to its merits docket (Expanded) (Amy Howe, January 13, 2017)
- Petition of the day (Kate Howard, December 8, 2016)
| Date | Proceedings and Orders |
|---|---|
| 10/18/2016 | Petition for a writ of certiorari filed. (Response due November 18, 2016) |
| 11/10/2016 | Order extending time to file response to petition to and including December 19, 2016. |
| 11/18/2016 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. |
| 12/09/2016 | Brief of respondent Securities and Exchange Commission filed. |
| 12/15/2016 | Reply of petitioner Charles R. Kokesh filed. |
| 12/21/2016 | DISTRIBUTED for Conference of January 6, 2017. |
| 01/09/2017 | DISTRIBUTED for Conference of January 13, 2017. |
| 01/13/2017 | Petition GRANTED. |
| 02/13/2017 | Motion to dispense with printing the joint appendix filed by petitioner Charles R. Kokesh. |
| 02/17/2017 | SET FOR ARGUMENT ON Tuesday, April 18, 2017. |
| 02/21/2017 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 02/22/2017 | Record requested from the U.S.C.A. 10th Circuit. |
| 02/24/2017 | Brief of petitioner Charles R. Kokesh filed. |
| 02/27/2017 | Record received from the U.S.C.A. 10th Circuit. The record is electronic and available on PACER. |
| 03/03/2017 | Brief amicus curiae of Mark Cuban filed. |
| 03/03/2017 | Brief amicus curiae of Securities Industry and Financial Markets Association filed. |
| 03/03/2017 | Brief amicus curiae of American Investment Council filed. |
| 03/03/2017 | Brief amicus curiae of Chamber of Commerce of the United States of America, and the American Petroleum Institute filed. |
| 03/03/2017 | Brief amicus curiae of The Cato Institue filed. |
| 03/03/2017 | Brief amicus curiae of Washington Legal Foundation filed. |
| 03/03/2017 | Brief 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. |
| 03/03/2017 | Brief amicus curiae of Americans for Forfeiture Reform filed. |
| 03/22/2017 | CIRCULATED. |
| 03/27/2017 | Brief of respondent Securities and Exchange Commission filed. (Distributed) |
| 04/10/2017 | Reply of petitioner Charles R. Kokesh filed. (Distributed) |
| 04/18/2017 | Argued. For petitioner: Adam Unikowsky, Washington, D. C. For respondent: Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 06/05/2017 | Judgment REVERSED. Sotomayor, J., delivered the opinion for a unanimous Court. |
| 07/07/2017 | JUDGMENT ISSUED. |