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Gerald J. Russello, of counsel to Bingham McCutchen, writes that the U.S. Court of Appeals for the Seventh Circuit recently addressed two open questions: Does the statute of limitations begin to run against the SEC when that fraud is discovered, or could have been discovered by a person exercising reasonable diligence, and, secondly, in calculating the appropriate civil penalty, can prejudgment interest be included as part of the "pecuniary gain" a defendant received as a result of the violation?
May 11, 2009 at 12:00 AM
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