Disgorgement (law)

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Disgorgement is the forced giving up of profits[1] obtained by illegal or unethical acts. Black's Law Dictionary defines disgorgement as "the act of giving up something (such as profits illegally obtained) on demand or by legal compulsion".

A court may order wrongdoers to pay back illegal profits, with interest, to prevent unjust enrichment. Disgorgement is a remedy and not a punishment.

In re Gleeson's Will (124 N.E.2d 624 (Ill. App. 1955)), disgorgement was used as a remedy when the trustee remained as a holdover on the testator's land and acquired a profit.

References[edit]

  1. ^ "ABB pay $58.3 million in disgorgement". ABB press release. Retrieved 2010-10-05. 

See also[edit]