No. 19-878
Guy Gentile v. Securities and Exchange Commission
Tags: administrative-enforcement administrative-law circuit-split civil-penalties civil-procedure injunctions injunctive-relief penalty-bar securities-law statute-of-limitations
Key Terms:
ERISA Securities JusticiabilityDoctri
ERISA Securities JusticiabilityDoctri
Latest Conference:
2020-04-17
Question Presented (AI Summary)
Does the five-year statute of limitations in 28 U.S.C. § 2462 apply to 'obey the law' injunctions and penny stock industry bars pursuant to 15 U.S.C. § 78u(d)(1), (6)?
Question Presented (from Petition)
QUESTION PRESENTED Under 28 U.S.C. § 2462, any “action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, shall not be entertained unless commenced within five years from the date when the claim first accrued.” The question presented is: Does the five-year statute of limitations in 28 U.S.C. § 2462 apply to “obey the law” injunctions and penny stock industry bars pursuant to 15 U.S.C. § 78u(d)(1), (6)?
Docket Entries
2020-04-20
Petition DENIED.
2020-04-01
DISTRIBUTED for Conference of 4/17/2020.
2020-03-30
Reply of petitioner Guy Gentile filed. (Distributed)
2020-03-16
Brief of respondent Securities and Exchange Commission in opposition filed.
2020-02-05
Motion to extend the time to file a response is granted and the time is extended to and including March 16, 2020.
2020-02-04
Motion to extend the time to file a response from February 14, 2020 to March 16, 2020, submitted to The Clerk.
2019-12-23
Petition for a writ of certiorari filed. (Response due February 14, 2020)
Attorneys
Guy Gentile
Adam Caleb Ford — Ford O'Brien LLP, Petitioner
Adam Caleb Ford — Ford O'Brien LLP, Petitioner
Securities and Exchange Commission
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent