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> we don't yet have the law ... False. http://www.ag.ny.gov/sites/default/files/pdfs/bureaus/investor_protection/library/NY%20Gen%20Bus%20Law%20Article%2023-A
by chishaku 11y ago
> we don't yet have the law ...
False.
http://www.ag.ny.gov/sites/default/files/pdfs/bureaus/investor_protection/library/NY%20Gen%20Bus%20Law%20Article%2023-A.pdf http://www.ag.ny.gov/sites/default/files/pdfs/bureaus/invest...
http://www.bloomberg.com/news/articles/2011-06-03/goldman-sachs-investigators-in-new-york-wield-laws-stronger-than-the-feds http://www.bloomberg.com/news/articles/2011-06-03/goldman-sa...
The link below is a general discussion of securities fraud and related legal theory. Goldman is used as an example while discussing the case settled with the SEC in 2010.
"The law allows a case like the one against Goldman to be alleged and argued as securities fraud even if the seller merely failed to
exercise due care as to whether the buyer was misled about the nature of the securities being sold or how those securities were selected. The
law further permits a claim of fraud—even when brought by a private litigant—to be founded on an allegation of recklessness and allows
the litigant to assert, in essence, gross negligence as to whether the buyer was misled. If one takes the federal appellate decisions on the issue at face value, the law would appear to support a criminal conviction in a case like Goldman’s even if the seller were merely reckless."
http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1518&context=dlj http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=...