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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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