Supreme Court Skips Firm’s Challenge to SEC Disgorgement Power

view original post

The SEC’s practice of recovering funds obtained through fraud without first having to prove investors lost any money will avoid a closer look from the US Supreme Court.

The justices on Friday denied a petition asking them to review a ruling from the US Court of Appeals for the First Circuit last July upholding an order that required investment firm Navellier & Associates Inc. to disgorge $22.7 million in profits made from allegedly misleading clients on an investment strategy’s track record.

The First Circuit’s ruling conflicts directly with a 2020 Supreme Court decision holding that the Securities and Exchange Commission …