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I would imagine there is definitely a course of civil action. I honestly don't know (but assume) that criminal action would probably depend on exactly how it wa
by HWR_14 5y ago
I would imagine there is definitely a course of civil action. I honestly don't know (but assume) that criminal action would probably depend on exactly how it was done. After all, Holmes's Theranos trial turned on federal wire fraud charges.
- GauntletWizard 5y agoAbsolutely - Everything is legal until you're caught. How easy it is to catch you and how easy it is to prove in a court of law are what matters. As today's Money Stuff[1] opines - This kind of transaction can be really easily made legal, while still giving investors the middle finger. If the company is worth X, you takeover the board and carry out a merger that cashes out minority stakeholders for $1, you're liable for X. If the company is worth X, you takeover the board, and carry out a merger that cashes out minority shareholders for X * .8, you've got a good chance of getting away with it - The standards is "business judgment" vs "fiduciary duty". Companies have fiduciary duty to all shareholders. Sometimes that means that the board gets to dissolve the company for a lot less than it's worth. [1] https://www.bloomberg.com/opinion/articles/2022-04-18/twitter-has-a-poison-pill-now https://www.bloomberg.com/opinion/articles/2022-04-18/twitte...