SEC Claims for Permanent Injunction and Disgorgement Not Time-Barred: Tenth Circuit | Practical Law
On August 23, 2016, in SEC v. Kokesh, the US Court of Appeals for the Tenth Circuit held that disgorgement and permanent injunctions are neither penalties nor forfeitures, and therefore not subject to 28 U.S.C. § 2462, which sets a five-year limitations period for suits to enforce any civil fine, penalty, or forfeiture. ( (10th Cir. Aug. 23, 2016).)