CryptoLink is a compilation of news stories published by outside organizations. Akin aggregates the stories, but the information contained in them does not necessarily represent the beliefs or opinions of the firm. Akin's...more
8/16/2024
/ Bitcoin ,
Bitcoin Mining ,
CFTC ,
Criminal Conspiracy ,
Cryptocurrency ,
Digital Assets ,
Disgorgement ,
Enforcement Actions ,
Financial Conduct Authority (FCA) ,
Fraud ,
Individual Retirement Account (IRA) ,
Penalties ,
Proposed Legislation ,
Securities and Exchange Commission (SEC) ,
Settlement ,
UK
On November 23, 2021, the New York Court of Appeals held that an investment firm’s $140 million disgorgement payment to the Securities and Exchange Commission (SEC) was not an excluded “penalty imposed by law” under the...more
Amendments Come on the Heels of Supreme Court Decisions on SEC Disgorgement -
On January 1, 2021, Congress passed the National Defense Authorization Act (NDAA). Embedded in the NDAA’s more than 1,400 pages is Section...more
In a recent precedential decision, the 2nd Circuit held that funds could delegate beneficial ownership to their investment managers, thereby eliminating the funds’ disgorgement liability under Section 16(b) of the Securities...more
12/4/2020
/ Amicus Briefs ,
Appellate Courts ,
Beneficial Owner ,
Disgorgement ,
General Partnerships ,
Investment Adviser ,
Investment Management ,
Limited Partnerships ,
Section 16 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act
- In Liu v. SEC, No. 18-1501, the Supreme Court upheld the SEC’s ability to obtain disgorgement as a form of equitable relief in civil actions in federal court, pursuant to 15 U.S.C. § 78u(d)(5).
- However, the Court...more
6/30/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)