No. 22-751

Charles C. Liu, et al. v. Securities and Exchange Commission

Lower Court: Ninth Circuit
Docketed: 2023-02-09
Status: Denied
Type: Paid
Experienced Counsel
Tags: appellate-jurisdiction circuit-split disgorgement equity-practice joint-and-several-liability mandate-rule net-profits procedural-requirement profits-based-remedy third-party-funds
Key Terms:
Securities
Latest Conference: 2023-05-18
Question Presented (AI Summary)

Whether the decision of the Ninth Circuit requiring petitioners to disgorge funds they raised and disbursed to unrelated third parties, but never personally received, complies with this Court's mandate in Liu v. SEC

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the decision of the Ninth Circuit requiring petitioners to disgorge funds they raised and disbursed to unrelated third parties, but never personally received, complies with this Court’s mandate in Liu v. SEC, 140 S. Ct. 1936 (2020). 2. Whether, as the Second, Third, Sixth, and Ninth Circuits hold, the mandate of a court of appeals limits the jurisdiction of a district court on remand; or whether, as the First, Fifth, Tenth, and Federal Circuits hold, compliance with the mandate is a procedural requirement but not a jurisdictional one.

Docket Entries

2023-05-22
Petition DENIED.
2023-05-02
DISTRIBUTED for Conference of 5/18/2023.
2023-05-02
2023-04-12
Brief of respondent Securities and Exchange Commission in opposition filed.
2023-03-09
Motion to extend the time to file a response is granted and the time is extended to and including April 12, 2023.
2023-03-08
Motion to extend the time to file a response from March 13, 2023 to April 12, 2023, submitted to The Clerk.
2023-02-07

Attorneys

Charles C. Liu, et al.
Michael K. KelloggKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Petitioner
Michael K. KelloggKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Petitioner
Securities and Exchange Commission
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent