The SEC Should Focus On Fraud, Not Negligence

November 16, 2011  |  The Insider: White Collar Defense and Securities Enforcement

In recent cases brought under sections 17(a)(2) and 17(a)(3) of the Securities Act, the Securities and Exchange Commission has alleged that there was fraudulent conduct but does not allege that the defendant acted with scienter. The Supreme Court has held that scienter -- the intent to defraud -- [...]

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