Penalty quantum factors: consider disproportionate gain, investor loss and repetitive defaults in securities penalty adjudication process. Determination of penalty quantum requires regard to three factors: the amount of disproportionate gain or unfair advantage from the default, the amount of loss caused to an investor or group of investors as a result of the default, and the repetitive nature of the default. An explanatory clause deems the power to adjudge quantum under specified related provisions to have been and to always be exercised under this section, aligning those penalty provisions with these evaluative criteria.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Penalty quantum factors: consider disproportionate gain, investor loss and repetitive defaults in securities penalty adjudication process.
Determination of penalty quantum requires regard to three factors: the amount of disproportionate gain or unfair advantage from the default, the amount of loss caused to an investor or group of investors as a result of the default, and the repetitive nature of the default. An explanatory clause deems the power to adjudge quantum under specified related provisions to have been and to always be exercised under this section, aligning those penalty provisions with these evaluative criteria.
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