Supreme Court of the United States · Official docket →
Randall S. Goulding v. Securities and Exchange Commission
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 20-1689 · judgment July 7, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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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 S. Ct. 1936 (2020), when the business was legitimate and engaged in non-fraudulent activities.
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Whether a district court may shift to a defendant the burden of calculating disgorgement when the SEC contends it cannot make such a calculation.
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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.
Counsel of record
For petitioner
Bradley Joseph Bondi
Paul Hastings LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Aug 21 2023Rehearing DENIED.
- Jul 27 2023DISTRIBUTED.
- Jun 30 2023Petition for Rehearing filed.
- Jun 05 2023Petition DENIED.
- May 16 2023DISTRIBUTED for Conference of 6/1/2023.
- May 12 2023Reply of petitioner Randall S. Goulding filed. (Distributed)
- Apr 26 2023Brief of respondent Securities and Exchange Commission in opposition filed.
- Mar 16 2023Motion to extend the time to file a response is granted and the time is further extended to and including April 26, 2023.
- Mar 15 2023Motion to extend the time to file a response from March 27, 2023 to April 26, 2023, submitted to The Clerk.
- Feb 17 2023Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2023.
- Feb 16 2023Motion to extend the time to file a response from February 23, 2023 to March 27, 2023, submitted to The Clerk.
- Jan 20 2023Petition for a writ of certiorari filed. (Response due February 23, 2023)
- Nov 28 2022Application (22A461) granted by Justice Barrett extending the time to file until January 20, 2023.
- Nov 22 2022Application (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.