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U.S. v. BANK

No. 19-4356.

965 F.3d 287 (2020)

UNITED STATES of America, Plaintiff-Appellee, v. Daryl G. BANK, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 14, 2020.

Attorney(s) appearing for the Case

ARGUED: James O. Broccoletti , ZOBY & BROCCOLETTI, PC, Norfolk, Virginia, for Appellant. Andrew Curtis Bosse , OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee. ON BRIEF: G. Zachary Terwilliger , United States Attorney, Alexandria, Virginia, Melissa E. O'Boyle , Assistant United States Attorney, Elizabeth M. Yusi , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

Affirmed by published opinion. Judge. Thacker wrote the opinion, in which Chief Judge Gregory joined. Judge Diaz wrote an opinion concurring in the judgment.

This appeal presents the purely legal issue of whether disgorgement ordered in a civil Securities and Exchange Commission ("SEC") proceeding constitutes a "criminal penalty" for purposes of the Double Jeopardy Clause, such that an individual cannot be later prosecuted for the conduct...

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