Supreme Court Decisions Challenge DOJ Ethics Proposal and Financial Enforcement Tools
Recent Supreme Court decisions have raised questions about the Department of Justice's ethics proposal and the use of financial enforcement tools in criminal and civil cases. In Ellinburg v. United States, the Supreme Court ruled that restitution is punitive and not a civil remedy, which challenges the traditional understanding of restitution in legal proceedings. Additionally, in Sripetch v. SEC, the Court agreed to address a circuit split regarding whether the SEC must prove actual financial harm to investors before a district court can order disgorgement. These rulings suggest a potential shift in how financial penalties are applied in legal cases, impacting both criminal and civil enforcement strategies. 
