Sripetch v. SEC · ¶13

Six months after Liu, Congress again addressed the SEC's remedial powers. In doing so, it left intact the Commission's authority to seek “equitable relief” in §78u(d)(5). But, in § 78u(d)(7), Congress now explicitly added “disgorgement” to the SEC's list of enforcement tools. And it provided that the SEC may seek “disgorgement under paragraph (7) of any unjust enrichment by the person who received such unjust enrichment as a result of ” his securities-law violation. § 78u(d)(3)(A)(ii). Finally, Congress added two new statutes of limitations—one governing equitable relief generally and another expressly addressing disgorgement. See § 78u(d)(8).

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