Court Sanctions SEC’s Novel, Alternative Disgorgement Measure (SEC v. Wyly II)

Business Valuation UpdateVol. 21 No. 4
Legal and Court Case Update
April 2015
securities litigation
fraud, stock, holding period, reasonable approximation

SEC v. Wyly (II)
2014 U.S. Dist. LEXIS 135671
September 25, 2014
US
Federal Court
New York
United States District Court
: Dr. Chyhe Becker (SEC); Prof. Daniel Fischel (defendants)
Sheindlin

Summary

In “highly unusual” securities fraud case involving numerous offshore trusts to enable defendants’ tax deferral scheme, court finds SEC’s disgorgement calculation based on unpaid taxes does not violate Tax Code and is best measure of ill-gotten gains.

See Also

SEC v. Wyly (II)

In “highly unusual” securities fraud case involving numerous offshore trusts to enable defendants’ tax deferral scheme, court finds SEC’s disgorgement calculation based on unpaid taxes does not violate Tax Code and is best measure of ill-gotten gains.