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The Supreme Court on Monday preserved an important tool used by securities regulators to recoup ill-gotten gains in fraud cases.

By an 8-1 vote, the justices ruled that the Securities and Exchange Commission can seek to recover the money through a process called disgorgement. Last year, the SEC obtained $3.2 billion in repayment of profits from people who have been found to violate securities law.

“The Court holds today that a disgorgement award that does not exceed a wrongdoer’s net profits and is awarded for victims is equitable relief permissible" under federal law, Justice Sonia Sotomayor wrote for the court.

Justice Clarence Thomas dissented. The Supreme Court in 2017 unanimously limited the SEC’s ability to go after profits where alleged fraud has been going on for years before authorities file charges. That case left open the question the high court answered Monday, that courts have the authority to order disgorgement of profits. The SEC has continued to aggressively pursue defendants’ profits in fraud cases.


The state Health Department’s effort to shut down a large auto show in central Pennsylvania over claims it represents a risk to the public will be the subject of an emergency hearing, a state court said late Wednesday.

The order from Commonwealth Court scheduled a Thursday morning hearing at the judicial center in Harrisburg, with social distancing rules because of the pandemic.

The unsigned order also declined to immediately shut down Spring Carlisle over the state’s claim the event runs afoul of a 250-person limit for gatherings in Cumberland County.

Attendees streamed into the fairgrounds Wednesday, the first day of the event put on by defendant Carlisle Productions Inc., also known as Carlisle Events. It is scheduled to run through Saturday.

Business closures and social distancing have saved lives, lawyers for the Health Department said.

“When individuals choose to ignore those safeguards — such as by holding an event anticipating 100,000 attendees — they put the lives of Pennsylvanians at risk and threaten to reverse the significant progress that has been made to resolve this crisis. That dangerous conduct must be stopped before it can occur,” they told the court.

Carlisle Events has held the spring auto show at the Carlisle Fairgrounds since 1976. It typically draws about 100,000 people, although organizers say they expect a smaller crowd for this year’s event.


An extraordinary standoff between the Justice Department and Manhattan U.S. Attorney Geoffrey S. Berman ended Saturday when the prosecutor agreed to leave his job with an assurance that his investigations into allies of President Donald Trump would not be disturbed.

The announcement capped two days of conflicting statements, allegations of political interference in prosecutions, and defiance from Berman. On Saturday, Attorney General William Barr said Berman’s refusal to resign under pressure prompted Trump to fire him. Trump tried to distance himself from the dispute, telling reporters the decision “was all up to the attorney general.”

This episode deepened tensions between the Justice Department and congressional Democrats, who have accused Barr of politicizing the agency and acting more like Trump’s personal lawyer than the country’s chief law enforcement officer. It also raised questions about ongoing investigations in the Southern District of New York, most notably a probe into Rudy Giuliani, the president’s personal attorney.

Barr set off the whirlwind chain of events on Friday night with a surprise announcement that Berman was resigning, without explanation. But Berman insisted he had not resigned, was not stepping down and his investigations would continue.

On Saturday morning, he showed up to work, telling reporters, “I’m just here to do my job.” Hours later, Barr announced Berman’s firing.  “Unfortunately, with your statement of last night, you have chosen public spectacle over public service,” Barr wrote in a letter released by the Justice Department. He said the idea that Berman had to continue on the job to safeguard investigations was “false.”

Although Barr said Trump had removed Berman, the president told reporters: “That’s all up to the attorney general. Attorney General Barr is working on that. That’s his department, not my department.” Trump added: “I wasn’t involved.”

The administration’s push to cast aside Berman amounted to a political and constitutional clash between the Justice Department and one of the nation’s top districts, which has tried major mob, financial crimes and terrorism cases over the years.


Prosecutors can obtain a person’s banking records using a warrantless grand jury subpoena without violating the individual’s right to privacy under New Mexico’s Constitution, the state Supreme Court has ruled.

In a unanimous decision Thursday, the justices concluded that a district court properly allowed the use of five years of personal financial records as evidence in a pending criminal case against a Taos couple facing charges of tax evasion and other finance-related offenses.

The high court rejected the married couple’s argument that the state’s Constitution provided greater privacy protections for their financial records than offered under the U.S. Constitution’s Fourth Amendment, which prohibits unreasonable searches and seizures. The couple contended that a court-authorized warrant should have been required to obtain bank records.

The justices adhered to a decadesold legal doctrine established by the U.S. Supreme Court that people have no constitutionally protected privacy interest in the financial account records they voluntarily share with third parties.



The Trump administration Friday moved forward with a rule that rolls back health care protections for transgender people, even as the Supreme Court barred sex discrimination against LGBT individuals on the job.

The rule from the Department of Health and Human Services was published in the Federal Register, the official record of the executive branch, with an effective date of Aug. 18. That will set off a barrage of lawsuits from gay rights and women's groups. It also signals to religious and social conservatives in President Donald Trump's political base that the administration remains committed to their causes as the president pursues his reelection.

The Trump administration rule would overturn Obama-era sex discrimination protections for transgender people in health care.

Strikingly similar to the underlying issues in the job discrimination case before the Supreme Court, the Trump health care rule rests on the idea that sex is determined by biology. The Obama version relied on a broader understanding shaped by a person's inner sense of being male, female, neither, or a combination.

Writing for the majority in this week's 6-3 decision, Justice Neil Gorsuch said, "An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex.


The Supreme Court on Thursday rejected President Donald Trump’s effort to end legal protections for 650,000 young immigrants, the second stunning election-season rebuke from the court in a week after its ruling that it’s illegal to fire people because they’re gay or transgender.

Immigrants who are part of the 8-year-old Deferred Action for Childhood Arrivals Program will retain their protection from deportation and their authorization to work in the United States — safe almost certainly at least through the November election, immigration experts said.

The 5-4 outcome, in which Chief Justice John Roberts and the four liberal justices were in the majority, seems certain to elevate the issue in Trump’s campaign, given the anti-immigrant rhetoric of his first presidential run in 2016 and immigration restrictions his administration has imposed since then.

The justices said the administration did not take the proper steps to end DACA, rejecting arguments that the program is illegal and that courts have no role to play in reviewing the decision to end it. The program covers people who have been in the United States since they were children and are in the country illegally. In some cases, they have no memory of any home other than the U.S.


Organizers of a Michigan ballot drive to prohibit discrimination against gay, lesbian and transgender people said Monday they were evaluating whether to continue following a major victory in the U.S. Supreme Court.

Fair and Equal Michigan launched the ballot effort in January after years of being unable to pass LGBT protections through the Republican-led state Legislature. The proposal would change a 1976 civil rights law that bans discrimination based on sexual orientation or gender identity in employment, housing and public accommodations.

The Supreme Court ruled Monday that a key provision of a 1964 federal law that bars job discrimination due to sex encompasses bias against LGBT workers. The 6-3 decision does not directly affect discrimination in housing or public facilities.

One of the lawsuits was brought by a Detroit-area transgender woman who was fired by a funeral home after she no longer wanted to be recognized as a man. Aimee Stephens died last month.

Trevor Thomas, co-chairman of the ballot committee, called the ruling “great news” and said the group’s lawyer would advise “how it will impact people in the state of Michigan and our campaign moving forward.”

Since 2018, the Michigan Civil Rights Commission has processed complaints based on sexual orientation and gender identity after releasing an interpretive statement that said such discrimination is a form of sex discrimination. State Attorney General Dana Nessel, a Democrat, told the panel last year it was not bound by her Republican predecessor’s opinion that Michigan law does not ban LGBT discrimination and that it would be up to legislators to change the statute to include such protections.

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