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GABELLI, ET AL. v. SEC

Docket No.: 11-1274
Certiorari Granted: Sep 25 2012
Argued: January 8, 2013
Decided: February 27, 2013

Topics:

False Claims Act, Medicaid, Medicare, RICO, antitrust, judicial review, patent

PartyNames: Marc J. Gabelli and Bruce Alpert v. Securities and Exchange Commission
Petitioner: Marc J. Gabelli and Bruce Alpert
Respondent: Securities and Exchange Commission

Court Below: United States Court of Appeals for the Second Circuit
Citation: 653 F.3d 49
Supreme Court Docket

Marc J. Gabelli and Bruce Alpert
v.
Securities and Exchange Commission
Question Presented:

Section 2462 of Title 28 of the United States Code provides that "except as otherwise provided by Act of Congress" any penalty action brought by the government must be "commenced within five years from the date when the claims first accrued." (emphasis added). This Court has explained that "[i]n common parlance a right accrues when it comes into existence." United States v. Lindsay, 346 U.S. 568, 569 (1954). Where Congress has not enacted a separate controlling provision, does the government's claim first accrue for purposes of applying the five-year limitations period under 28 U.S.C. ยง 2462 when the government can first bring an action for a penalty?

GABELLI, ET AL. v. SEC
ORAL ARGUMENT

January 8, 2013

Listen to Oral Argument in GABELLI, ET AL. v. SEC
Holding: REVERSED AND REMANDED
Vote: 9-0
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