No. 19-7714

Angelique de Maison v. Securities and Exchange Commission

Lower Court: Second Circuit
Docketed: 2020-02-20
Status: GVR
Type: IFP
Relisted (3)IFP
Tags: disgorgement enforcement-action equitable-relief liu-v-sec penalty securities-law standing supreme-court
Key Terms:
Securities Privacy JusticiabilityDoctri
Latest Conference: 2020-07-01 (distributed 3 times)
Question Presented (AI Summary)

Whether the Securities and Exchange Commission may seek and obtain disgorgement from a court as 'equitable relief' for a securities law violation even though this Court has determined that such disgorgement is a penalty

Question Presented (from Petition)

QUESTIONS PRESENTED Whether, as this Court will be deciding in the petition now before the Court in Liu v. Securities & Exchange Commission, 754 F. App’x 505 (9th Cir. 2018), cert. granted, 2019 WL 5659111, at *1 (U.S. Nov. 1, 2019) (No. 18-1501) (the “Liu Petition”), the Securities and Exchange Commission may seek and obtain disgorgement from a court as “equitable relief” for a securities law violation even though this Court has determined that such disgorgement is a penalty.

Docket Entries

2020-08-03
JUDGMENT ISSUED.
2020-07-02
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Liu</i> v. <i>SEC</i>, 591 U. S. ___ (2020).
2020-06-29
DISTRIBUTED for Conference of 7/1/2020.
2020-06-22
DISTRIBUTED for Conference of 6/25/2020.
2020-04-09
DISTRIBUTED for Conference of 4/24/2020.
2020-03-23
Brief of respondent Securities and Exchange Commission in opposition filed.
2020-02-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 23, 2020)

Attorneys

Angelique Maison
Jeffrey Bruce CoopersmithOrrick, Herrington & Sutcliffe LLP, Petitioner
Jeffrey Bruce CoopersmithOrrick, Herrington & Sutcliffe LLP, Petitioner
Securities and Exchange Commission
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent