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Civil Law, Criminal Law, Securities Law

Elements of a SEC Rule 10b‑5 Violation

July 10, 2022RobertLeave a comment

Dur­ing the depths of the depres­sion, in order to “clean up” Wall Street, who large­ly (right­ly or wrong­ly) took the brunt of ire over the econ­o­my going from bad to worse, Con­gress enact­ed var­i­ous secu­ri­ty laws designed to help lev­el the play­ing
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Civil Law, Criminal Law

Scienter Definition

July 10, 2022RobertLeave a comment

In crim­i­nal (and civ­il) cas­es, often an ele­ment of “sci­en­ter” is required to be shown by the actor. Sci­en­ter is gen­er­al­ly defined as “A men­tal state embrac­ing intent to deceive, manip­u­late, or defraud” Aaron v. SEC, 446 U.S 680, 686 n.5, 100
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