Cluster 2831663

The DOJ applies the five factors from Securities & Exchange Commission v. Milan Group, 124 F. Supp. 3d 21, 25 (D.D.C. 2015)—four of which the DOJ argues weigh in favor of a significant penalty, ECF No. 22-1, at 14-15.

Id. (citing SEC v. Milan Group, Inc., 124 F. Supp. 3d 21, 26 (D.D.C. 2015)).

Oct. 29, 2002) (authorizing a maximum penalty of “gross pecuniary gain” on summary judgment); SEC v. Milan Grp., Inc., 124 F. Supp. 3d 21, 27 (D.D.C. 2015) (same).

“In determining the amount of the penalty, courts frequently consider such factors as: (1) the egregiousness of the defendant’s conduct; (2) the degree of scienter; (3) whether -the conduct created substantial losses or the risk of substantial losses to other persons; (4) whether the conduct was isolated or recurrent; and (5) whether the penalty should be reduced due to demonstrated current and future financial condition.” See, e.g., SEC v. Milan Grp., Inc., 124 F.Supp.3d 21…

Ones that may militate in favor of a higher penalty include: “(1) the 18 egregiousness of the defendant’s conduct; (2) the degree of scienter; (3) whether the conduct created substantial losses or the risk of substantial losses to other persons; [and] (4) whether the conduct was isolated or recurrent.” SEC v. Milan Grp., Inc., No. 11-2132, 2015 WL 5076971, at *3 (D.D.C.

Although “imposing a civil penalty in addition to disgorgement is not repetitive,” SEC v. Milan Grp., Inc., No. 11-2132, 124 F.Supp.3d 21, 26 , 2015 WL 5076971, at *4 (D.D.C.

To determine the amount of the penalty, courts often consider the following factors: “(1) the egregiousness of the defendant’s conduct; (2) the degree of scienter; (3) whether the conduct created substantial losses or the risk of substantial losses to other persons; (4)whether the conduct was isolated or recurrent; and (5) whether the penalty should be reduced due to demonstrated current and future financial condition.” *110 SEC v. Milan Grp., Inc., No. 11-2132, 124 F.Supp.3…

See id. at 25 (noting the court may consider “the degree of scienter” and “whether the conduct was isolated or recurrent” in determining the amount of the penalty).

See id. at 25 (noting the court may consider "the degree of scienter" and "whether the conduct was isolated or recurrent" in determining the amount of the penalty).