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The NCLU Publishes a Strategy Memorandum Against Unconstitutional Disgorgements

By March 9, 2024No Comments

For decades, hyper-aggressive prosecutors and regulators at both the federal and state levels have abused the equitable remedy of “disgorgement.” They bury targeted business owners and entrepreneurs with disproportionate penalties masquerading as “disgorgement” – recovery of allegedly ill-gotten profits. In reality, though, the money often goes directly into government coffers rather than for the benefit of supposed victims of the alleged scheme.

And, the real victims of this phenomenon are those targeted for disgorgement. The latest and most prominent victim is President Trump, relentlessly pursued by radical partisan New York Attorney General Letitia James. This National Constitutional Law Union memorandum analyzes a new and highly promising strategy for President Trump and others selectively pursued by unethical prosecutors for disgorgement – Excessive Fines Clause of the 8th Amendment.

The full memorandum by the National Constitutional Law Union’s Director of Litigation, Edward A. Paltzik, can be read here.

© 2024 National Constitutional Law Union.