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Restitution is available in equity to recover money previously paid to satisfy a court judgment that is later reversed, as the Supreme Court held in Atlantic Coast Line R. Co. v. Florida, 295 U.S. 301 (1935). However, the Court therefore noted that equitable defenses are available where it would not be fair to require the money to be returned.
Disgorgement is the act of giving up something on demand or by legal compulsion, for example giving up profits that were obtained illegally. [1]In United States regulatory law, disgorgement is often a civil remedy imposed by some regulatory agencies to seize illegally obtained profits.
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. [1] Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case.
“The government’s request for a massive restitution order is unsupported, unnecessary and unjustified,” lawyers for Hwang argued in a filing to a U.S. court representing the southern ...
HOUSTON — Texas Attorney General Ken Paxton and state prosecutors have reached a deal to resolve his nine-year-old securities fraud charges, attorneys announced at a Harris County District Court ...
A civil penalty or civil fine is a financial penalty imposed by a government agency as restitution for wrongdoing. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees.
"The court is also mindful of the fact that the court issues a lot of restitution orders and I will say that 95 percent of them, the victim never receives satisfaction. And I think in this ...
A writ of assistance is a written order (a writ) issued by a court instructing a law enforcement official, such as a sheriff or a tax collector, to perform a certain task. Historically, several types of writs have been called "writs of assistance". [1] Most often, a writ of assistance is "used to enforce an order for the possession of lands". [2]