In the Episode, I visit with Karen Woody, Assistant Professor of Law. Her areas of expertise include, Securities Law, Financial Regulation and White-Collar Crime. We visit about the recent Supreme Court argument in the Lui case and how it might (or might not) impact the SEC’s ability to seek profit disgorgement for fraudsters.
Some of the highlights include:
- What is profit disgorgement? Is it different from restitution?
- How has the SEC used this doctrine in the past?
- How did the Kokesh decision open the way for the Lui appeal?
- How does the Lui case attack this doctrine?
- What question was before the Supreme Court?
- What were the parties arguments?
- From the Court’s questioning, what can be gleaned?
- Will the Court really allow convicted fraudsters to keep their ill-gotten gains by doing away with profit disgorgement?