February 07, 2017

Jenner & Block Partner Adam G. Unikowsky authored three petitions for certiorari that the US Supreme Court has granted this term.  One issue regards whether the US Securities and Exchange Commission is subject to time limits when seeking disgorgement.  Another issue regards whether a person convicted of violating a federal drug law must forfeit proceeds from the crime to the government.  Finally, the third issue regards a dispute over military retirement pay.

In Kokesh v. Securities and Exchange Commission, Mr. Unikowsky and Associate Zachary C. Schauf represent investment advisor Charles R. Kokesh, who argues that a five-year statute of limitations applies to SEC claims for disgorgement.

In Honeycutt v. United States of America, Mr. Unikowsky represents Terry Honeycutt, a store employee who pleaded guilty to federal drug crime charges based on the sales of an iodine-based water purifier that could be used to make methamphetamine.  After he was convicted, the government argued that he should be jointly and severally liable for forfeiture of the proceeds from the illegal sales, even though all of those proceeds went to the store owner and not him.  Mr. Honeycutt argues that he should not be liable for forfeiture because he did not actually receive any of those proceeds.

In Howell v. Howell, Mr. Unikowsky represents John Howell, a divorced veteran who argues that he can’t be required to pay his ex-wife an amount equal to the amount of military retirement pay he waived in order to receive compensation for a service-related disability.

Mr. Unikowsky’s successful petitions are highlighted in a post in Empirical SCOTUS, which identifies him as the top lawyer in the United States (tied with two others) in persuading the Supreme Court to grant certiorari this term.