Gabelli v. SEC

Gabelli v. SEC

Argued January 8, 2013
Decided February 27, 2013
Full case name Gabelli et al. v. Securities and Exchange Commission
Docket nos. 11-1274
Citations

568 U.S. ___ (more)

Argument Oral argument
Holding
The statute of limitations for filing civil penalty actions initiates when the offending act is committed. Reversed and remanded.
Court membership
Chief Justice
John G. Roberts
Case opinions
Majority Roberts, joined by unanimous
Laws applied
28 U.S.C. § 2462

Gabelli v. SEC, 568 U.S. ___ (2013), was a United States Supreme Court case in which the Court ruled that the statute of limitations for filing civil penalty actions initiates when the offending act is committed or finished.[1][2] The Securities and Exchange Commission filed suit against Bruce Alpert and Marc Gabelli of Gabelli Funds, LLC, alleging the firm made secret agreements with Headstart Advisers Ltd concerning Headstart's investment in a mutual fund managed by Gabelli. Headstart realized large profits at the expense of Gabelli's remaining investors, and the SEC argued that Gabelli's actions violated the Investment Advisers Act. Gabelli and Alpert sought dismissal of the case, arguing the SEC lawsuit came after the five year statute of limitations expired. In response, the SEC argued that under the discovery rule, the statute had not expired when the case was filed.[3]

In a unanimous decision, Chief Justice John Roberts ruled against the federal government's argument that the discovery rule determined the statute of limitations for filing the fraud lawsuit. Roberts' opinion explained that the discovery rule, which starts the statute of limitations once the plaintiff becomes aware of the fraud, applies only to victims of the fraud itself. Government regulatory agencies are subject to the standard rule, which initiates the standard of limitations upon the perpetration of the fraud. Under this earlier threshold, the SEC missed the five-year deadline to file suit against Gabelli. The Supreme Court's decision reversed the earlier decision of the Second Circuit, and the case was remanded to the lower courts.[3]

See also

References

  1. ↑ Macey, Jonathan (28 February 2013). "Opinion analysis: That which does not kill the SEC may make the agency stronger". SCOTUSblog. Retrieved 19 October 2013.
  2. ↑ Dimond, Thomas. "Supreme Court Clarifies Federal Statute of Limitations And Restricts Civil Penalty Actions". Ice Miller LLP. Retrieved 19 October 2013.
  3. 1 2 Gabelli v. SEC, 568 U.S. ____ (2013).
This article is issued from Wikipedia - version of the 6/6/2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.