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Kilgour V United States Securities and Exchange Commission  Form

Kilgour V United States Securities and Exchange Commission Form

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The parties to this case are the United States Securities and Exchange Commission and Charles R. Kokesh. In 2009 the commission sued Mr. Kokesh, who was a New Mexico investment advisor alleging that he had run a fraudulent scheme from 1995 to 2007. The SEC alleged that Mr. Kokesh defrauded four different companies with which he was involved. After five years a federal jury in 2014 finally found Mr. Kokesh liable on every single count. The court then ordered Mr. Kokesh to pay the following amounts, almost 2.5 million dollars in penalties, 18 million dollars in pre-judgment interest, and 35 million dollars in disgorgement. Mr. Kokesh challenges the amount the court ordered him to pay in disgorgement saying that does not fit within the statute of limitations he claims applies to his case. Does a five-year statute of limitations apply to disgorgement actions? Meaning, cases in which the government is attempting to take back money it says a defendant obtained illegally. 28 USC 2462 states t

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