Restitution and Disgorgement Under Scrutiny

March 12, 2026

In white-collar cases, defense counsel routinely deal with the distinct but related issues of restitution and disgorgement. In their latest New York Law Journal article, “Restitution and Disgorgement Under Scrutiny,” Morvillo Abramowitz Grand Iason & Anello partners Elkan Abramowitz and Jonathan S. Sack examine these financial aspects of white-collar defense in the context of a recent and pending case in the Supreme Court. In Ellinburg v. United States, the Supreme Court held that restitution to victims in federal criminal cases is a form of punishment subject to limitations under the U.S. Constitution. In Sripetch v. SEC, scheduled for argument in April, the Supreme Court will consider whether a district court must find victim losses before ordering disgorgement of ill-gotten gains.

Restitution and Disgorgement Under Scrutiny