The settlement calls for Ellerin to pay disgorgement
of $15,054, the amount of her ill-gotten gains, plus prejudgment interest of $770, and a civil penalty of $15,054.
Implications for Disgorgement
in Ongoing Investigations
Restitution and disgorgement
of the Nuclear Waste Fund would result in a total breach of the standard contract established under the NWPA.
She added that "SEC disgorgement
is imposed for punitive purposes," not just to put the defendant back in the same financial position he or she was in before the fraud occurred.
59) She found that this warranted a remedy of disgorgement
, in addition to damages, despite Nebraska's protests that disgorgement
is only appropriate in cases of deliberate breach.
measure of the disgorgement
remedy is the ill-gotten gain from the
He ultimately concludes that waiver of tort should be abandoned altogether and argues in support of a principled approach to the remedy of disgorgement
Penalties or remedies to the violation include "the imposition of price controls, issuance of injunctions, requirement of divestment or disgorgement
of excess profits and imposition of fines and penalties.
When the insurers disclaimed coverage on the ground that the disgorgement
was not an insurable loss or was excluded from coverage, Bear Stearns and two of its J.
UBS will pay GBP 160 m in fines to the FSA and CHF 59 m as disgorgement
of estimated profits to FINMA.
No admission The company, without admitting or denying wrongdoing, agreed in 2011 to pay $10 million in disgorgement
and penalties to settle alleged violations of the books-and-records and internal-control provisions of the Foreign Corrupt Practices Act, or FCPA.
The SEC said Mizuho agreed to settlements without admitting or denying the charges and consented to the entry of a final judgment requiring payment of $10 million in disgorgement
The SEC has focused efforts on recovering disgorgement
These have resulted in increasingly large monetary remedies, both for disgorgement
and civil penalties.
5 million and disgorgement
of $11,065,969 with prejudgment interest of $7,620,380.