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Home / Opinion Digests / Criminal Law / Double jeopardy not triggered by prior SEC action (access required)

Double jeopardy not triggered by prior SEC action (access required)

A defendant who was already ordered to disgorge funds as a result of a civil action brought by the Securities and Exchange Commission can still be criminally charged for some of the same conduct because the disgorgement penalty was not a criminal punishment that triggers Double Jeopardy. Background In the second superseding indictment issued by a grand ...