Disgorgement refers to the legal process of returning profits or benefits obtained through illegal or unethical actions. It is a remedy designed to prevent unjust enrichment, ensuring that wrongdoers do not profit from their misconduct. Courts can order individuals or entities to pay back these illegal profits, but disgorgement itself is not considered a punishment.
Disgorgement is commonly used in civil law, particularly in cases involving financial fraud, securities violations, and breaches of fiduciary duty. It serves to restore fairness by requiring wrongdoers to relinquish any gains made through unlawful acts. Users may encounter forms related to disgorgement in legal proceedings or settlements, and resources like US Legal Forms can provide templates to help navigate these situations.
Here are a couple of examples of abatement:
1. A financial advisor who misappropriates client funds for personal gain may be ordered to disgorge the profits made from those actions.
2. A company that falsely advertises its products and earns additional revenue as a result may be required to return those profits to consumers or the state. (hypothetical example)
One relevant statute is the California Civil Code § 56.36, which addresses the misuse of medical information for financial gain. It stipulates that violators are subject to disgorgement of any proceeds obtained from such violations.
| State | Disgorgement Provisions |
|---|---|
| California | Disgorgement is mandated for violations involving medical information. |
| New York | Disgorgement can be sought in cases of securities fraud. |
| Texas | Disgorgement is applicable in cases of deceptive trade practices. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Restitution | Restoration of property or funds to the rightful owner. | Restitution focuses on returning specific property, while disgorgement focuses on profits gained from wrongdoing. |
| Punitive Damages | Monetary compensation awarded to punish the wrongdoer. | Punitive damages are intended as a punishment, whereas disgorgement is a remedy to prevent unjust enrichment. |
If you believe you are entitled to disgorgement or are facing a disgorgement order, consider the following steps:
Disgorgement is the process of returning profits gained from illegal or unethical acts.
