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Dictionary · Regulators and enforcement

Disgorgement

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Disgorgement is a remedy that requires a wrongdoer to give up profits obtained through the violation. It aims to strip the gain, not to compensate the victim or punish.

Regulators and courts order it to prevent unjust enrichment, often with interest. The amount depends on how the profits are traced and what deductions are allowed, which can be contested.

The scope of the remedy has been shaped by court decisions that limit when it can be ordered and how it must be used, so its availability can change.

Disgorgement is not restitution to a specific victim by definition. It is measured by the defendant's gain.

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Also defined elsewhere in Criterica
Related Terms
Civil PenaltyEnforcement ActionConsent OrderQui TamJudgment Enforcement

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