No. 22-687

Randall S. Goulding v. Securities and Exchange Commission

Lower Court: Seventh Circuit
Docketed: 2023-01-24
Status: Denied
Type: Paid
Experienced Counsel
Tags: burden-shifting disgorgement legitimate-business liu-v-sec net-profits non-fraudulent-activities sec sec-enforcement treasury-distribution
Key Terms:
Securities JusticiabilityDoctri
Latest Conference: 2023-06-01
Question Presented (AI Summary)

Whether a district court's award of disgorgement to the SEC based on the defendant's cash withdrawals from a business without considering whether the withdrawals were tethered to any alleged wrongdoing satisfies the net profits calculation required by Liu v. SEC, 140 8. Ct. 1936 (2020), when the business was legitimate and engaged in non-fraudulent activities

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a district court’s award of disgorgement to the SEC based on the defendant’s cash withdrawals from a business without considering whether the withdrawals were tethered to any alleged wrongdoing satisfies the net profits calculation required by Liu v. SEC, 140 8. Ct. 1936 (2020), when the business was legitimate and engaged in non-fraudulent activities. 2. Whether a district court may shift to a defendant the burden of calculating disgorgement when the SEC contends it cannot make such a calculation. 3. Whether a district court may order that disgorged funds be sent to the Treasury when the identities of the potentially aggrieved investors are known to the district court and the SEC has not demonstrated that it would be infeasible to distribute disgorged funds to the investors.

Docket Entries

2023-08-21
Rehearing DENIED.
2023-07-27
DISTRIBUTED.
2023-06-30
2023-06-05
Petition DENIED.
2023-05-16
DISTRIBUTED for Conference of 6/1/2023.
2023-05-12
2023-04-26
Brief of respondent Securities and Exchange Commission in opposition filed.
2023-03-16
Motion to extend the time to file a response is granted and the time is further extended to and including April 26, 2023.
2023-03-15
Motion to extend the time to file a response from March 27, 2023 to April 26, 2023, submitted to The Clerk.
2023-02-17
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2023.
2023-02-16
Motion to extend the time to file a response from February 23, 2023 to March 27, 2023, submitted to The Clerk.
2023-01-20
Petition for a writ of certiorari filed. (Response due February 23, 2023)
2022-11-28
Application (22A461) granted by Justice Barrett extending the time to file until January 20, 2023.
2022-11-22
Application (22A461) to extend the time to file a petition for a writ of certiorari from December 6, 2022 to January 20, 2023, submitted to Justice Barrett.

Attorneys

Randall S. Goulding
Bradley Joseph BondiPaul Hastings LLP, Petitioner
Bradley Joseph BondiPaul Hastings LLP, Petitioner
Securities and Exchange Commission
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent