Today the U.S. Supreme Court will weigh whether the SEC must show investor harm before ordering wrongdoers to repay illicit profits.
Why it matters: The ruling, due by the end of June, could curb or affirm one of the SEC’s most powerful enforcement tools, affecting billions of dollars in future securities cases. Read more about the case here.
Context: The case centers on a $3 million disgorgement order against Ongkaruck Sripetch for a pump‑and‑dump scheme, raising the question of whether the SEC can require repayment of illegal gains without proving victims suffered financial losses. The Trump administration is defending the SEC's broad disgorgement authority against a challenge by Sripetch. Under Trump, the SEC used the legal remedy to obtain around $1.4 billion in fiscal 2025, according to an agency tally that excluded certain sums, and $6.1 billion the prior year under President Biden.
Who: Haynes Boone’s Daniel Geyser for Sripetch; Deputy Solicitor General Malcolm Stewart for the SEC.