Law360 quoted McGuireWoods partner Jeremy Medovoy in an April 20, 2026, article examining how a pending U.S. Supreme Court case could limit the Federal Energy Regulatory Commission’s ability to claw back unjust profits from market frauds.
The article explored how the Supreme Court’s decision in Sripetch v. Securities and Exchange Commission, which concerns whether the SEC can recoup profits from a fraud without identifying specific victims who suffered monetary damage, could have implications for FERC’s enforcement practices. FERC enforcement attorneys are closely watching the case because of the overlap in how both agencies wield their disgorgement authority.
Medovoy, a partner in the firm’s Energy Litigation Practice Group and a former deputy director of FERC’s Office of Enforcement, highlighted the challenges FERC would face in determining specific victims entitled to disgorgement payments in complex electricity markets.
“Knowing how complicated the ISO (Independent System Operator) and RTO (Regional Transmission Organization) markets are … I think it could be very difficult, if not impossible, to make that precise determination of what the pecuniary harm is to specific customers,” said Medovoy. “I think that’s partly why we see in so many of the orders, the money simply going to the ISOs and RTOs for them to distribute in their discretion.”
The Sripetch case is among several pending Supreme Court cases that could have far-reaching impacts on FERC’s enforcement work, the article noted. These cases reflect the Supreme Court’s growing scrutiny of the broad power of federal agencies, particularly in enforcement matters involving civil penalties and disgorgement.