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GABELLI v. S.E.C.

No. 11-1274.

133 S.Ct. 1216 (2013)

185 L.Ed.2d 297

Marc J. GABELLI and Bruce Alpert, Petitioners v. SECURITIES AND EXCHANGE COMMISSION.

Supreme Court of United States.

Decided February 27, 2013.

Attorney(s) appearing for the Case

Lewis Liman , New York, NY, for Petitioners.

Jeffrey B. Wall , Washington, DC, for Respondent.

Lewis J. Liman , Counsel of Record, Michael R. Lazerwitz , Alida Y. Lasker , Katherine L. Wilson-Milne , Jared M. Gerber , Cleary Gottlieb Steen & Hamilton LLP, New York, NY, Edward A. McDonald , Kathleen N. Massey , Joshua I. Sherman , Dechert LLP, New York, NY, Counsel for Petitioners.

Mark D. Cahn , General Counsel, Michael A. Conley , Deputy General Counsel, Jacob H. Stillman , Solicitor, Hope Hall Augustini , Dominick V. Freda , Senior Litigation Counsels, David Lisitza , Senior Counsel Securities and Exchange Commission, Washington, DC, Donald B. Verrilli, Jr. , Solicitor General, Malcolm L. Stewart , Deputy Solicitor General, Jeffrey B. Wall , Assistant to the Solicitor General, Counsel of Record, Department of Justice, Washington, DC, for Respondent.

Chief Justice ROBERTS delivered the opinion of the Court.

The Investment Advisers Act makes it illegal for investment advisers to defraud their clients, and authorizes the Securities and Exchange Commission to seek civil penalties from advisers who do so. Under the general statute of limitations for civil penalty actions, the SEC has five years to seek such penalties. The question is whether the five-year clock begins to...

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