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Type
Opinion
Author
Richard Fred Suhrheinrich
Filed
Nov. 13, 2018
Case
United States v. James Brennan, III
Case status
Decided

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Opening text

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SUHRHEINRICH, Circuit Judge. The Double Jeopardy Clause of the Fifth Amendment protects against multiple criminal prosecutions and punishments for the same offense. Recently, the Supreme Court held that "[d]isgorgement, as it is applied in SEC enforcement proceedings, operates as a penalty under [ 28 U.S.C.] § 2462." Kokesh v. SEC , --- U.S. ----,…

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