WHETHER THIS COURT'S HOLDING IN KOKESH V. SEC. WHICH HELD
THAT DISGORGEMENT IS A PENALTY, PRECLUDES EITHER THE
IMPOSITION OF A CRIMINAL SENTENCE IN ITS ENTIRETY AND/OR A
SIXTEEN-LEVEL ENHANCEMENT BASED UPON THE AMOUNT OF LOSS,
BECAUSE THE PRIOR DISGORGEMENT PUNISHMENT, BASED UPON THE
SAME MISCONDUCT, VIOLATES THE DOUBLE JEOPARDY CLAUSE OF THE
FIFTH AMENDMENT?

Whether the prior disgorgement punishment precludes a criminal sentence or sentencing enhancement based on the same misconduct under the Double Jeopardy Clause