Gabelli v. Securities and Exchange Commission - Post-Decision SCOTUScast
SCOTUScast 3-13-13 featuring Ronald Colombo
SCOTUScast 3-13-13 featuring Ronald Colombo
On February 27, 2013 the Supreme Court announced its decision in Gabelli v. Securities and Exchange Commission. The question in this case was whether, under 28 U.S.C. § 2462, the five-year statute of limitations for the Securities and Exchange Commission to bring a civil penalty action against an investment advisor for securities fraud begins when the fraud occurs, or when it is discovered.
In an opinion delivered by Chief Justice Roberts, the Court held unanimously that the five-year time-limit begins to run when the fraud occurs, and not when it is discovered.
To discuss the case, we have Ronald Colombo, a Professor of Law at Hofstra University School of Law.
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Professor of Law, Hofstra University School of Law
Professor Colombo joined the Hofstra University School of Law faculty in the Fall of 2006. He teaches courses in corporate, securities, and contract law. His research and scholarship focuses primarily on corporate and securities law and, more specifically, the application of non-economic principles and norms to these fields.
Before coming to Hofstra, Professor Colombo served in the Complex Global Litigation Group of Morgan Stanley & Co., Inc., as vice president and counsel. In this position, Professor Colombo supervised investigations, litigations, and regulatory inquiries affecting Morgan Stanley's investment banking franchise. Prior to that, Professor Colombo practiced as a litigation associate at the New York office of Sullivan & Cromwell, where, among other things, he represented corporate and banking clients in civil and criminal investigations conducted by the S.E.C., the U.S. Attorney's Office, and the Federal Reserve Bank; in matters before state courts, federal courts, and arbitration panels; and in appeals before the Third Circuit, the D.C. Circuit, and the U.S. Supreme Court. From 2000-2003, Professor Colombo also served on the Committee on Professional and Judicial Ethics of the Association of the Bar of the City of New York.