John J. Koresko v. R. Alexander Acosta, Secretary of Labor
Arbitration ERISA Securities JusticiabilityDoctri
Whether the Third Circuit Court of Appeals incorrectly decided that parts of a $38 million judgment for disgorgement' entered in 2015 against the Petitioner could be enforced by the Secretary of Labor in an ERISA case
QUESTIONS PRESENTED aa 1. Whether the Third Circuit Court of Appeals incorrectly decided that parts of 7 a $38 million judgment for “disgorgement” entered in 2015 against the Petitioner, could be enforced by the Secretary of Labor in an ERISA case — as “appropriate relief’ under 29 U.S.C. § 1132(a)(2) or (a)(5) -oe ; A. by imprisonment of the Petitioner in 2016 for disobedience of preliminary injunctive orders that were not restated in the Final Judgment; and | ~ : B. by post-incarceration garnishment on behalf of nonparties, of . amounts not traced to any ERISA plan assets; . wat in the absence of any award to the United States? ; 2. Was Petitioner illegally imprisoned for debt — in violation of 28 U.S.C. § . 2007 — when the Secretary employed incarceration for over two years to “ assist collection of a money judgment debt? 7