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Reversing a lower court ruling, the appeals court held that the settlement payment constituted uninsurable disgorgement because the plaintiffs had been seeking to divest the insured of the money it unlawfully obtained.
Under this regime (Rule 6 with disgorgement remedy), the
The SEC said it is seeking permanent injunctive relief, disgorgement of illicit profits with prejudgment interest, and the imposition of financial penalties against Gowrish.
In some cases, under-writers are adding exclusions for claims arising from financial restatements, improper remuneration, disgorgement, failure to maintain insurance, terrorism and certain pollution exposures.
The suit seeks disgorgement of those profits, plus unspecified fees and costs associated with the case.
Per Miller, "The relief we are seeking is disgorgement of profits and compensatory and punitive damages.
Noel to double dip by awarding him millions of dollars in damages, plus millions more in disgorgement, which is essentially the same punitive damages that were rejected by the jury," says Mr.
The accused have offered to settle to full injunctive relief and disgorgement.
Greenberg and Smith agreed to settle the SEC's charges and pay disgorgement and penalties totaling $15 million and $1.
This report follows up on open issues from the previous reports and (1) discusses SEC's progress in improving its tracking of penalty and disgorgement collection data, (2) assesses the steps SEC has taken to improve collection program management, (3) evaluates SEC's implementation of the Fair Fund provision in the Sarbanes-Oxley Act of 2002, and (4) describes CFTC's actions to address previous GAO recommendations.
The SEC is seeking an injunction against Kolts, a principal in the Pasadena law firm of Kolts & Nawa, along with disgorgement of the alleged profit and civil penalties of up to three times the profit.