Is possession of ill-gotten gains a right to disgorgement?
MultiRegion, United States of America
The following excerpt is from Sec. & Exch. Comm'n v. Vassallo, NO. CIV. S-09-0665 LKK/DAD (E.D. Cal. 2012):
The key here is that it is the "possession" of ill-gotten gains that triggers the right to disgorgement, not the commission of any wrong by the possessor of the funds:
SEC v. Colello, 139 F.3d 674, 676 (9th Cir. 1998) (emphasis added).
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