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> When it comes to being charged with fraud, demonstrating that the defendant lacked the intent to commit a crime (i.e. that he or she acted in good faith) is a
by juotlrjrb 6y ago
> When it comes to being charged with fraud, demonstrating that the defendant lacked the intent to commit a crime (i.e. that he or she acted in good faith) is a key defense because, in order to convict the defendant, the prosecutor needs to prove that he or she had fraudulent intent.
https://www.baezlawfirm.com/two-recent-cases-highlight-important-role-intent-plays-in-fraud-conspiracy-charges/ https://www.baezlawfirm.com/two-recent-cases-highlight-impor...
> U.S. Supreme Court Rules That Securities Fraud Suits Must Be Dismissed Unless Plaintiffs Plead Fact Establishing a "Cogent and Compelling Inference" of Fraudulent Intent
https://www.jonesday.com/en/insights/2007/07/us-supreme-court-rules-that-securities-fraud-suits-must-be-dismissed-unless-plaintiffs-plead-fact-establishing-a-cogent-and-compelling-inference-of-fraudulent-intent https://www.jonesday.com/en/insights/2007/07/us-supreme-cour...
- addicted 6y agoThe SEC does more than just fraud, which is what those links speak to. https://www.sec.gov/news/speech/2014-spch033114mjw https://www.sec.gov/news/speech/2014-spch033114mjw "We, for example, often bring cases based on negligence, while most criminal statutes require intent or at least willful blindness. Some of our statutes are also strict liability, which do not require intent, recklessness, or negligence."
- juotlrjrb 6y agoAnd if you look at those strict liability violations, it's stuff like filing required forms and reports by financial officers, not what we were talking about.