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U.S. Supreme Court,
Securities

Mar. 11, 2013

US high court decision will hasten SEC enforcement actions

On Feb. 27, the U.S. Supreme Court issued an important ruling concerning the statute of limitations for enforcement actions in which the government seeks civil penalties.

Thomas A. Zaccaro

Senior Counsel, Hueston Hennigan LLP

Phone: (213) 788-4039

Email: tzaccaro@hueston.com

Boston College Law School

Thomas is a partner in the firm's Litigation Department. He served as regional trial counsel in the SEC's Los Angeles office.

Kenneth M. Breen

Paul Hastings LLP

Email: kennethbreen@paulhastings.com

Morgan J. Miller

Paul Hastings LLP

On Feb. 27, the U.S. Supreme Court issued an important ruling concerning the statute of limitations for enforcement actions in which the government seeks civil penalties. In Gabelli v. Securities and Exchange Commission, 2013 DJDAR 2538, the court unanimously ruled that the Securities and Exchange Commission must file enforcement actions seeking civil money penalties within five years after the underlying fraudulent conduct occurred rather than when it is discovered....

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