United States v. James Brennan, III

SUHRHEINRICH, Circuit Judge.

The Double Jeopardy Clause of the Fifth Amendment protects against multiple criminal prosecutions and punishments for the same offense. Recently, the Supreme Court held that "[d]isgorgement, as it is applied in SEC enforcement proceedings, operates as a penalty under [ 28 U.S.C.] § 2462." Kokesh v. SEC , --- U.S. ----, 137 S.Ct. 1635 , 1645, 198 L.Ed.2d 86 (2017). In this criminal sentencing appeal, we must consider whether SEC civil disgorgement is now a criminal punishment after Kokesh . It is not, so we AFFIRM Defendants' sentences.

I

A. Facts

From 2008 to 2016,…