Kokesh appealed to the Supreme Court after losing at the Denver-based 10th U.S. Circuit Court of Appeals. Kokesh's attorney argued that a disgorgement in the case constituted a punitive "forfeiture" that is time-barred.
The Justice Department argued that disgorgement is equitable relief that is not considered a punishment, but merely restores the defendant to the same position he was in prior to when the misconduct occurred.
During oral arguments for the case in April, the court's conservatives expressed skepticism at the Justice Department's defense, and even some of the more liberal-leaning justices at times seemed wary.
This article was provided by Reuters.