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disgorgement

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Definitions of disgorgement in various dictionaries:

noun - the reflex act of ejecting the contents of the stomach through the mouth

DISGORGEMENT - Disgorgement is defined by Black's Law Dictionary as "the act of giving up something (such as profits illegally obtained) on demand or by legal compu...

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Possible Dictionary Clues
The act of disgorging, particularly in the legal sense.
the reflex act of ejecting the contents of the stomach through the mouth
a situation in which a person or organization is forced to pay back money that they have made in an illegal way:

Disgorgement description
Disgorgement is defined by Black's Law Dictionary as "the act of giving up something (such as profits illegally obtained) on demand or by legal compulsion."Disgorgement is a remedy or penalty used in U.S. securities law; for example, disgorgement of short-swing profits is the remedy prescribed by § 16(b) of the Securities Exchange Act of 1934.American Jurisprudence, Second Edition states that:* Disgorgement is an equitable remedy designed to deter future violations of the securities laws and to deprive defendants of the proceeds of their wrongful conduct. Indeed, in the exercise of its equity powers, the district court may order disgorgement of profits acquired through securities fraud. Disgorgement takes into account the fact that the issuance of an injunction, by itself, does not correct the consequences of past activities. This remedy may also be imposed if the court believes that a defendant should not profit from his or her wrong, but equitable considerations indicate that an injunction should not be granted. * In 2013, a scholarly article argued that while US courts begin their disgorgement analysis with the assumed premise that disgorgement is equitable, at least some of the time, disgorgement is not equitable and is more properly characterized as a “remedy at law” or penalty.The question of whether disgorgement is an equitable remedy, rather than in fact a punitive remedy, was brought into question in the U.S. Second Circuit case of SEC v. Contorinis in 2014. There, Contorinis earned $427,000 from illegal trades, but the District Court ordered Contorinis to disgorge the fund’s $7,260,000 profits (plus another $2,485,000 in prejudgment interest)—a total of $10 million. If disgorgement were an equitable remedy which should disgorge from the defendant the amount of his gain, as noted by Judge Denny Chin in dissent: “[d]isgorgement thus should have the effect of returning a defendant to his status quo prior to the wrongdoings … Instead of returning Contorinis to his status quo prior to his wrongdoings, the district court’s disgorgement order penalized him by requiring him to pay an amount equal to the $7.2 million in profits earned by the fund and an additional $2.5 million in prejudgment interest.”In Kokesh v. SEC, 137 S. Ct. 1635 (2017), the US Supreme Court unanimously disagreed with the SEC’s view that disgorgement in that case was remedial, holding that disgorgement payments to the SEC in that case were penalties. The decision raised the question of whether the SEC's power to order disgorgement derives only from statute, and therefore congressional action would be necessary for the SEC to pursue disgorgement orders in federal court, and whether the amounts awarded should be limited to actual profits gained. Following Kokesh, the SEC has argued in district courts throughout the US that outside of the Kokesh the statute of limitations context, disgorgement is not a penalty but is instead an equitable remedy.Disgo...

Disgorgement description

Disgorgement is defined by Black's Law Dictionary as "the act of giving up something (such as profits illegally obtained) on demand or by legal compulsion."Disgorgement is a remedy or penalty used in U.S. securities law; for example, disgorgement of short-swing profits is the remedy prescribed by § 16(b) of the Securities Exchange Act of 1934.American Jurisprudence, Second Edition states that:* Disgorgement is an equitable remedy designed to deter future violations of the securities laws and to deprive defendants of the proceeds of their wrongful conduct. Indeed, in the exercise of its equity powers, the district court may order disgorgement of profits acquired through securities fraud. Disgorgement takes into account the fact that the issuance of an injunction, by itself, does not correct the consequences of past activities. This remedy may also be imposed if the court believes that a defendant should not profit from his or her wrong, but equitable considerations indicate that an injunction should not be granted.
* In 2013, a scholarly article argued that while US courts begin their disgorgement analysis with the assumed premise that disgorgement is equitable, at least some of the time, disgorgement is not equitable and is more properly characterized as a “remedy at law” or penalty.The question of whether disgorgement is an equitable remedy, rather than in fact a punitive remedy, was brought into question in the U.S. Second Circuit case of SEC v. Contorinis in 2014. There, Contorinis earned $427,000 from illegal trades, but the District Court ordered Contorinis to disgorge the fund’s $7,260,000 profits (plus another $2,485,000 in prejudgment interest)—a total of $10 million. If disgorgement were an equitable remedy which should disgorge from the defendant the amount of his gain, as noted by Judge Denny Chin in dissent: “[d]isgorgement thus should have the effect of returning a defendant to his status quo prior to the wrongdoings … Instead of returning Contorinis to his status quo prior to his wrongdoings, the district court’s disgorgement order penalized him by requiring him to pay an amount equal to the $7.2 million in profits earned by the fund and an additional $2.5 million in prejudgment interest.”In Kokesh v. SEC, 137 S. Ct. 1635 (2017), the US Supreme Court unanimously disagreed with the SEC’s view that disgorgement in that case was remedial, holding that disgorgement payments to the SEC in that case were penalties. The decision raised the question of whether the SEC's power to order disgorgement derives only from statute, and therefore congressional action would be necessary for the SEC to pursue disgorgement orders in federal court, and whether the amounts awarded should be limited to actual profits gained. Following Kokesh, the SEC has argued in district courts throughout the US that outside of the Kokesh the statute of limitations context, disgorgement is not a penalty but is instead an equitable remedy.Disgo...

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