Entries by Dave Anderson

01 07 '26

Supreme Court Upholds SEC Authority to Obtain Disgorgement Without Actual Loss But Leaves Important Questions Unanswered

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The Supreme Court’s decision in Sripetch v. SEC gives the SEC a meaningful win, holding that the agency may seek disgorgement of ill-gotten gains without proving that investors suffered financial losses.

But the Court stopped short of resolving the broader questions that could prove even more consequential. It left open whether statutory disgorgement remains an equitable remedy subject to Liu’s limitations and whether defendants are entitled to a jury trial when the SEC seeks disgorgement under the Exchange Act.

Our latest blog post examines what Sripetch decided, the critical issues it left unanswered, and why those unresolved questions are likely to shape the next wave of SEC enforcement litigation.

05 05 '26

New Division Continues Time-Tested Model: DOJ’s National Fraud Enforcement Division Launches West Coast Health Care Fraud Strike Force

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In another signal that health care fraud enforcement remains a top priority for DOJ, on April 30, 2026, the newly created National Fraud Enforcement Division (the “Fraud Division”) announced the launch of the West Coast Health Care Fraud Strike Force, a multi-district initiative targeting health care fraud across the District of Arizona, the District of Nevada, and the Northern District of California. This expansion is consistent with the time-tested model of Main Justice-based health care matters that has existed since 2007. Like its predecessor strike forces, the West Coast Strike Force will use dedicated agent and prosecutorial resources in the region to combat schemes identified based on data analytics and traditional law enforcement techniques. This announcement is independently notable because it makes clear that while the Health Care Fraud Unit—rebranded as the Health Care Section of the new Fraud Division—is no longer part of the Criminal Division, it will continue with the same career leadership and approach to enforcement: use of data to expand prosecutorial pipelines, solicitation of whistleblowers, and aggressive pursuit of corporate and individual prosecutions.