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Home » SCOTUS Opinion on Statute of Limitations in Fraud Cases Narrows SEC’s Ability to Seek Civil Penalties
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SCOTUS Opinion on Statute of Limitations in Fraud Cases Narrows SEC’s Ability to Seek Civil Penalties

March 14, 2013
The U.S. Supreme Court last week unanimously decided a securities fraud case that could cause the Securities and Exchange Commission to act sooner rather than later in bringing enforcement actions against MBS fraud. In Gabelli et al. v. Securities and Exchange Commission, SCOTUS ruled that in an SEC action to recover civil penalties, the five-year statute of limitations begins ticking when the fraud occurs, not when it is discovered. Reversing an opinion by the U.S. Court of Appeals for the Second Circuit, SCOTUS rejected...
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