Supreme Court to Review SEC's Authority on Disgorgement of Illicit Profits
The U.S. Supreme Court is set to review the Securities and Exchange Commission's (SEC) authority to recoup illicit profits through disgorgement. This legal tool allows the SEC to recover profits obtained through illegal activities and return them to victims. Critics argue that the SEC's use of disgorgement lacks clear limits and could be misused to impose excessive penalties. The case under review involves Ongkaruck Sripetch, accused of fraudulent schemes involving penny stocks. The SEC seeks to enforce disgorgement without proving direct harm to victims, a point contested by Sripetch. The outcome of this case could redefine the SEC's enforcement capabilities.