Whether the prior disgorgement punishment precludes a criminal sentence or sentencing enhancement based on the same misconduct under the Double Jeopardy Clause

QUESTION PRESENTED WHETHER THIS COURT’S HOLDING IN KOKESH V. SEC. WHICH HELD THAT DISGORGEMENT IS A PENALTY, PRECLUDES EITHER THE IMPOSITION OF A CRIMINAL SENTENCE IN ITS ENTIRETY AND/OR A SIXTEEN-LEVEL ENHANCEMENT BASED UPON THE AMOUNT OF LOSS, BECAUSE THE PRIOR DISGORGEMENT PUNISHMENT, BASED UPON THE SAME MISCONDUCT, VIOLATES THE DOUBLE JEOPARDY CLAUSE OF THE FIFTH AMENDMENT? i