ST Alpha - "The case against it is that it's being used as a punitive measure, rather than an equitable one to right the wrong" (Reading a Post)

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In response to "what is even the possible argument against? -- nm" by Reagen

The case against it is that it's being used as a punitive measure, rather than an equitable one to right the wrong

Posted by Roger More (aka RogerMore) Nov 1 '19, 13:56

The SEC won disgorgement orders of $2.5 billion in fiscal 2018, which is a big enough number to sound like revenue collection to the sort of person who's concerned the government will try to take their money.

(My personal take is obviously "don't rip people off if you don't want to be punished")

https://www.bloomberg.com/news/articles/2019-11-01/supreme-court-will-consider-stripping-sec-of-disgorgement-powers (www.bloomberg.com)

Responses:

That’s the superficial argument - the crux is that the statute says we can get “injunction, penalties, and all other equitable relief the court seems - JackDawson Nov 1, 14:31
But... we try to get money back from bank robbers, right? Drug dealers? -- nm - Reagen Nov 1, 13:57 2
- Then wouldn't those lawyers then try to extend that decision to their clients? -- nm - . Nov 1, 16:38
- Gleefully, if you’re a police force. -- nm - Roger More Nov 1, 14:00

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The case against it is that it's being used as a punitive measure, rather than an equitable one to right the wrong

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