How Kokesh V. SEC Will Impact The FTC And Other Agencies

The U.S. Supreme Court’s recent decision in Kokesh v. SEC has received plenty of attention for the important limits it places on SEC enforcement actions. The impact of the Supreme Court’s decision, however, is much greater. Beyond the SEC, Kokesh makes clear that the 5-year catch-all statute of limitations in 28 U.S.C. § 2462 applies to monetary relief sought by other federal agencies, including the Federal Trade Commission. The decision also casts doubt on the ability of the Federal Trade Commission to seek restitution relief at all.