KOKESH v. S.E.C.

No. 16-529.

137 S.Ct. 1635 (2017)

581 U.S. 455

Charles R. KOKESH, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION.

Supreme Court of United States.

Decided June 5, 2017.


Attorney(s) appearing for the Case

Adam Unikowsky , Washington, DC, for Petitioner.

Elaine J. Goldenberg , Washington, DC, for Respondent.

Clinton W. Marrs , Marrs Griebel Law, Ltd., Albuquerque, NM, David A. Strauss , Sarah M. Konsky , Jenner & Block Supreme Court and Appellate Clinic at the University of Chicago Law School, Chicago, IL, Adam G. Unikowsky , Zachary C. Schauf , Jenner & Block LLP, Washington, DC, James Dawson , Jenner & Block LLP, Chicago, IL, for Petitioner.

Sanket J. Bulsara , Acting General Counsel, Michael A. Conley , Solicitor, Jacob H. Stillman , Senior Advisor to the Solicitor, Hope Hall Augustini , Daniel Staroselsky, Senior Litigation Counsels, Sarah R. Prins , Senior Counsel, Securities and Exchange Commission, Washington, DC, Jeffrey B. Wall , Acting Solicitor General, Malcolm L. Stewart , Deputy Solicitor General, Elaine J. Goldenberg , Assistant to the Solicitor General, Department of Justice, Washington, DC, for Respondent.


A 5-year statute of limitations applies to any "action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise." 28 U.S.C. § 2462. This case presents the question whether § 2462 applies to claims for disgorgement imposed as a sanction...

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